Baltimore Sun

Trump claims he has an ‘absolute right’ to pardon self

- By Eli Stokols

WASHINGTON — President Donald Trump on Monday asserted two new and widely disputed claims in his continued assault on the Russia investigat­ion: that he has “the absolute right” to pardon himself and that the appointmen­t of the special counsel for that inquiry was unconstitu­tional.

The president, who insisted on his innocence in each of his morning tweets, wrote in the initial one, “As has been stated by numerous legal scholars, I have the absolute right to PARDON myself, but why would I do that when I have done nothing wrong?”

Just over an hour later, Trump posted, “The appointmen­t of the Special Councel (sic) is totally UNCONSTITU­TIONAL! Despite that, we play the game because I, unlike the Democrats, have done nothing wrong!” He later re-sent the tweet with “counsel” spelled correctly.

The president laid down his latest lines of attack against the investigat­ion of special

TRUMP , a new indictment against Manafort and counsel Robert Mueller even as the White while he was confined to his home. House was trying to mark Trump’s 500th Court documents do not name Manaday in office by focusing on what it sees as fort’s associate, but they refer to him as his substantiv­e achievemen­ts to date. As has “Person A” and note the pseudonym is often been the case, the president distracted consistent with previous filings in the case. from the message, given his own focus on In earlier filings, Person A has referred to the investigat­ion into whether his 2016 Konstantin Kilimnik, a longtime Manafort campaign complied with Russia’s election associate who prosecutor­s have said has ties interferen­ce and whether he has sought to to Russian intelligen­ce. obstruct the inquiry. The two witnesses are also not named in

Also Monday, prosecutor­s said former court filings. But prosecutor­s say they Trump campaign chairman Paul Manafort worked with Manafort in organizing a made several attempts to tamper with group of former European officials, known witnesses in his ongoing criminal cases. as the Hapsburg Group, who promoted Prosecutor­s asked a federal judge to conUkraini­an interests in Europe as well as the S.siderrevok­inghishous­earrest.U. A In a court filing, prosecutor­s working for Manafort spokesman declined to comMueller wrote that Manafort and one of his ment. associates “repeatedly” contacted two witMeanwhi­le, the president’s claim that he nesses in an effort to influence their has unfettered power to pardon himself was testimony. The contacts occurred earlier a response to the controvers­y stirred up by a this year, shortly after a grand jury returned weekend report in The New York Times. It said that two of Trump’s lawyers in January wrote a letter to Mueller arguing that the president’s powers are so broad as to make it impossible for him to have obstructed justice.

Many legal experts challenged that assertion, as well as the idea that Trump can pardon himself — contrary to the president’s subsequent tweet that “numerous legal scholars” attest to his absolute power.

On television interview shows Sunday, Trump’s own lawyer, Rudy Giuliani, was less emphatic on the subject of the president’s pardoning power, suggesting that Trump might have the authority to pardon himself but would be unwise to do so.

On Monday, one powerful Republican in Congress disputed the president’s contention. “If I were president of the United States, and I had a lawyer that told me I could pardon myself, I think I would hire a new lawyer,” Sen. Chuck Grassley of Iowa, chairman of the Senate Judiciary Commit- tee, told CNN.

Rep. Jerrold Nadler of New York, the senior Democrat on the House Judiciary Committee, said in a statement: “President Trump is wrong. No president has ever attempted to pardon himself.”

Nadler’s statement also asserted that the nation’s founders believed “the notion of a self-pardon was inherently corrupt, and argued that the Congress would surely act to remove such a president.”

Several legal experts pointed to a Justice Department legal brief in 1974 — at a time when the Watergate investigat­ion threatened President Richard Nixon — as a decisive statement on the subject. The memo states: “Under the fundamenta­l rule that no one may be a judge in his own case, the president cannot pardon himself.”

Nixon, after he resigned, was ultimately pardoned by his vice president and successor, Gerald Ford.

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