Rudy Giuliani Says Trump Shouldn't Testify Because "Our Recollection Keeps Changing"

The topic came up Sunday as Giuliani spoke with ABC's George Stephanopoulos on "This Week" as the pair discussed Special Counsel Robert Mueller's probe of possible collusion between Trump and Russian Federation to impact the 2016 presidential race.

Rudy Giuliani backed claims on Sunday made in a newly-leaked memo by Donald Trump's legal team that the president can't be compelled to testify by a grand jury subpoena as part of the Russian Federation investigation.

According to Rudy Giuliani, there is nothing in the United States constitution - which gives the sitting president the power to issue pardons - to suggest that Mr Trump could not excuse himself if he wanted to.

"In no case can he be subpoenaed or indicted", Giuliani said, according to the HuffPost. "I think it would probably get answered by, gosh, that's what the constitution says", Giuliani told ABC's This Week program on Sunday. He seems to have a point: In addition to the steadily-growing support for Trump even as the media's #RussiaGate mortar fire continues, a recent CBS poll found that a majority of Americans view the Mueller investigation as politically motivated.

"Pardoning other people is one thing, pardoning yourself is another".

Another former DOJ official, Andrew McCarthy, agrees with the legal consensus that a president can pardon himself, and goes even farther.

It is indeed. Robert Mueller is not going away.

Before delving into a detailed discussion of questions raised by Mueller, Trump's legal team points out that as the chief law enforcement officer in the nation, he has the power to terminate investigations and to pardon as he sees fit. OLC is the Office of Legal Counsel, the elite legal analysis team for the attorney general and the Department of Justice (DOJ), and through the attorney general, to the president and every department of the US government.

"President Trump can clearly pardon anyone - even himself - subject to the Mueller investigation", Professor Yoo writes.

The Trump lawyer said "at best there was ambiguity" whether Trump obstructed justice in his dismissal of Comey in May 2017, which then led Deputy Attorney General Rod Rosenstein, over Trump's objections, to name Mueller to lead the probe.

Giuliani, a former prosecutor, was not on Trump's legal team when the letter to Mueller was written.

Rudy Giuliani also spoke at length explaining the amount of authority the justice department holds over President Trump as compared to Congress. Trump chose to let Mueller's probe go forward for the sake of transparency, the lawyers say.

"He has no intention of pardoning himself", Giuliani said.

There is an argument for self-pardoning from a president. These letters argue, essentially, that the president can't obstruct justice.

"We understand that if the president exercised [his power], number one, it would be challenged. and we realize that the whole switch in public opinion that has been on the president's side would probably shift back", Giuliani said on Meet the Press. I think under circumstances where there's no - at best there's ambiguity as to whether there was intent. "Should have told me!"

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