They say that Trump's lawyers are prepared to "provide. the answers" to the Special Counsel's questions, apparently instead of having Trump do so himself, in order to help "preserve the dignity of the Office of the President of the United States".
But Giuliani added that Trump would likely not exercise those powers, specifically pardoning himself if he did face any charges connected to Mueller's investigation, due to the "unthinkable" political ramifications.
"It would be an open question". They argue that the President could not possibly have committed obstruction in the Russian Federation investigation because the Constitution empowers him to "terminate the inquiry, or even exercise his power to pardon if he so desired".
House Majority Leader Kevin McCarthy, a Republican, made clear that he did not think Mr Trump or any other president should pardon himself.
Mueller's investigation has so far resulted in the guilty pleas of five people, including three former Trump campaign staffers, and the indictment of 14 other people and three companies. "If he's making an implicit threat that he could escalate this with pardons, there's nothing in the letter to indicate that he's not willing to pardon himself". I know based on presidential rulings, meaning the discretion of the president, Justice Department is given a certain amount of independence.
While saying on Sunday that Trump wanted to sit down with Mueller, Giuliani added, "It's beginning to get resolved in favor of not doing it".
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Under the Constitution, a president can be impeached by the House of Representatives and then removed from office by the Senate.
"The answer was always the political process", explained Samuel Morison, a lawyer who formerly worked in the Justice Department's Office of the Pardon Attorney, who explained that the "impeachment clause" was considered a check against the president's broad pardoning power that an executive could use to free his associates and friends.
In an email, Harvard Law School Professor Laurence Tribe, a frequent critic of Trump, called the letter "flatly wrong legally and indefensible constitutionally". The Justice Department has twice opined that a sitting president can not be indicted, and Giuliani has said Mueller's team conveyed to the president's lawyers they will honor that guidance.
"They will take it to court, and I believe the court's going to be on the president's side on this", Lewandowski said Sunday.
It is unclear, too, whether and to what extent Mueller might be able to compel Trump to testify, if the president will not agree to a voluntary interview. Writing in a tweet in July 2017, the president asserted his "complete power to pardon" in response to the investigation into Russia's alleged meddling in the 2016 election. Critics accused Trump of subverting the rule of law. Now he said he is not sure when it will end because Mueller is taking too long and not turning over material to Giuliani ― such as a report of what was learned from an Federal Bureau of Investigation informant who made contact with several members of the Trump campaign with links to Russian Federation.
Or, I'll tell you what, you want a short little three, four month investigation?