
Confused senior citizen and Donald Trump personal attorney Rudy Giuliani had lots of contradictory things to say about his client last Sunday. He asserted that Mr. Trump couldn’t be indicted even if he shot James Comey, then talked about presidential pardon powers.
President Trump probably has the power to pardon himself, said Mr. Giuliani, but of course he would never do such an “unthinkable” thing. On the other hand, telling Donald Trump not to do something is best way of convincing him to do it. For now, Mr. Trump claims he has the “absolute right” to pardon himself, but doesn’t have to, because he has “done nothing wrong.”
So can a president pardon himself? Legal opinions differ, but Laurence H. Tribe, Richard Painter and Norman Eisen make a good case against it, based in part on the DoJ’s Office of Legal Counsel 1974 opinion during Nixon’s Watergate crisis, citing “the fundamental rule that no one may be a judge in his own case,” a view taken by James Madison in the Federalist Papers, No. 10.
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