Donald Trump insists he can pardon himself over Russia probe - but doesn't need to bother

Donald Trump’s latest Twitter diatribe raises the possibility that he could pardon himself if found to be at fault by the Mueller investigation (Getty Images)
Donald Trump’s latest Twitter diatribe raises the possibility that he could pardon himself if found to be at fault by the Mueller investigation (Getty Images)

Donald Trump has insisted he has the ‘absolute right’ to pardon himself for committing a crime – but that he doesn’t need to bother because he has ‘done nothing wrong’.

The President made the assertion in a furious Twitter spree that criticised Robert Mueller’s investigation into possible collusion between Russia and the Trump campaign over interference in the presidential election.

Trump also gushed over his own performance in the first 500 days in the White House in his latest social media outburst.

His comments followed the release of a memo sent to Robert Mueller by Trump’s legal team, published in the New York Times this weekend, claiming that the President could not be guilty of obstruction of justice with regards to the Russia investigation, because he is America’s ‘chief law enforcement officer’.

Trump’s attorney Rudy Guiliani claimed on Sunday that the President could have shot former FBI director James Comey to end his Russia investigation and not faced prosecution while in office.

‘In no case can he be subpoenaed or indicted,’ Guiliani told HuffPost.

However he went on to explain that Trump would immediately face impeachment.

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The leaked letter was part of a broader campaign fought by the White House legal team arguing that Trump should not have to sit down and give evidence to special counsel Mueller.

Trump claimed last summer in another Twitter diatribe that as he President he has ‘the complete power to pardon’.

This followed a report in the Washington Post that Trump had been making enquiries about his power to pardon his family, aides and himself.

Legal experts disagree over whether Trump would indeed be able to pardon himself, as he claims.

Michigan State law professor and constitutional scholar Brian Kalt said to Yahoo News: ‘I’ve been writing about this for 20 years.

‘And it just amuses me any time I see commentary, people saying, ‘Well, of course he can,’ or ‘Well, of course he can’t.’

‘The answer is we don’t know.

‘Any court that took this question, it would be appealed up to the Supreme Court and they could do whatever they want.

‘I favour the argument that he can’t. But there are good arguments on both sides. It could go either way.

‘The basic argument on the side that says he can do it is, look at the Constitution and it doesn’t say he can’t.

It says he can pardon federal crimes. It says in another clause he can’t pardon an impeachment away; he can’t stop or undo an impeachment. Those are the only limits.’