Washington (CNN)President Donald Trump asserted Monday that he has the right to pardon himself but suggested that he won’t use that power, adding that the special counsel investigation is “unconstitutional.”
“He has no intention of pardoning himself.” Giuliani told ABC’s “This Week.” “It would be an open question. I think it would probably get answered by gosh, that’s what the Constitution says, and if you want to change it, change it. But yes.”
The dispute among scholars on the issue almost guarantees that if Trump faced indictment and pardoned himself, the next step would be a court challenge, with the President’s fate decided by judges — or even the Supreme Court.
‘Unthinkable’ move, Giuliani says
Trump’s lawyers sent the letter as part of a broader argument that the President should not have to sit down with the special counsel.
Many legal scholars dispute the idea that a President cannot obstruct justice. While Trump did have the authority to fire former FBI Director James Comey, the question becomes whether he had corrupt intent in doing so — the issue at the center of Mueller’s obstruction investigation.
“The fact that the president has lawful authority to take a particular course of action does not immunize him if he takes that action with the unlawful intent of obstructing a proceeding for an improper purpose,” the report said.