When ABC’s George Stephanopoulos asked Giuliani whether Trump could pardon himself, the former prosecutor — who was not on Trump’s legal team when the letter was written — laughed and then said probably so.
“He probably does,” he said. “He has no intention of pardoning himself, but he probably — not to say he can’t.”
He said that the Constitution, which gives a president the power to pardon, doesn’t stipulate any limit on that power.
“I think it would probably get answered by, ‘Gosh that’s what the Constitution says, if you want to change it, change it.’ I think the political ramifications of that would be tough,” he said.
This is not the first time the issue of the president’s ability to pardon himself has come up. As early as last summer, as Mueller’s probe proceeded, the president began to pardon aides, family members and even himself. His lawyers at the time began discussing his pardoning powers, as well.
Giuliani said Sunday it remains an open question whether the president will testify in the investigation. He said that Trump wants to testify but that Giuliani and his team are leaning against recommending that.
“This is the president’s decision ultimately,” he said. “He believes he’s telling the truth. He is telling the truth. He believes justice should win out.” But Giuliani added: ” I’m a lawyer… It’s not that simple.”
Later in the same program, former governor Chris Christie (R-N.J.) dismissed the argument put forward by the Trump legal team that the president inherently cannot obstruct justice.
“It’s an outrageous claim. It’s wrong,” Christie, a former U.S. attorney, said. “They were trying to make a broad argument. Lawyers do that all the time in briefs even to court.”
Tory Newmyer contributed to this report.
This is a developing story.