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On pardon question, White House says Trump has not done anything wrong

President Trump claims he could pardon himself, but the White House says he does not have to use that power because he hasn't done anything wrong.


Trump asserted Monday that he has the right to pardon himself but suggested that he won't use that power, adding that the special counsel investigation is "unconstitutional."

"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? In the meantime, the never ending Witch Hunt, led by 13 very Angry and Conflicted Democrats (& others) continues into the mid-terms!" the President tweeted.

The President then called Robert Mueller's investigation "UNCONSTITUTIONAL" but said he would "play the game" because he has "done nothing wrong." Mueller was appointed by Deputy Attorney General Rod Rosenstein, who was appointed by Trump.

Trump's comments come after one of his attorneys in the Russia investigation, Rudy Giuliani, said Sunday that Trump "probably does" have the power to pardon himself, but won't.

"He has no intention of pardoning himself." Giuliani told ABC's "This Week." "It would be an open question. I think it would probably get answered by gosh, that's what the Constitution says, and if you want to change it, change it. But yes."

No president has ever pardoned himself, so its legality is a matter of legal debate. But a three-page memo from the Justice Department's Office of Legal Counsel that was written in 1974 -- days before President Richard Nixon resigned -- says the President cannot pardon himself because "no one may be a judge in his own case."

The dispute among scholars on the issue almost guarantees that if Trump faced indictment and pardoned himself, the next step would be a court challenge, with the President's fate decided by judges -- or even the Supreme Court.

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