I think Rudy is losing his ability to make the case for a winning argument - he seems to be saying "no matter what the President does, he cannot be indited" but he has a terrible way of saying it.
He is correct in this.
Trump cannot then be charged with anything and the only way for him to be removed from office or be found guilty of anything, is through impeachment.
Under which grounds he cannot pardon himself:
https://www.heritage.org/constitutio...9/pardon-power
Quote:
|
The possibility of a President pardoning himself for a crime is not precluded by the explicit language of the Constitution, and, during the summer of 1974, some of President Richard M. Nixon's lawyers argued that it was constitutionally permissible. But a broader reading of the Constitution and the general principles of the traditions of United States law might lead to the conclusion that a self-pardon is constitutionally impermissible. It would seem to violate the principles that a man should not be a judge in his own case; that the rule of law is supreme and the United States is a nation of laws, not men; and that the President is not above the law.
|
I don't even agree with this interpretation though, the constitution clearly states:
Article II section 2:
Quote:
|
"shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment"
|
If the President cannot be indicted and the IC statute has expired the
only way to charge / indict a sitting President is an article of Impeachment, which he cannot be involved in the pardon of.
He is simply wrong and Giuliani makes it worse for Trump, every single day by saying that the President cannot be indicted - he is slowly whittling down any other option to charge / indict him
other than impeachment, which in stark black and white / no uncertain terms, removes the ability to pardon.
By Giuliani's definition Trump can neither be indicted nor pardon himself as the only proceeding that can go up against him is the process of impeachment, which Trump cannot meddle with.