While an old saying amongst prosecutors states that you can get a grand jury to “indict a ham sandwich,” Rudy Giuliani thinks it’s impossible to secure an indictment against a sitting president.
He argued that fact using an extreme example that hearkened back to Donald Trump’s campaign days.
The former mayor of New York believes that legally action can’t be taken against the President unless and until he has been impeached, due to his broad Constitutional powers.
“If he shot James Comey, he’d be impeached the next day,” he told the Huffington Post. “Impeach him, and then you can do whatever you want to do to him.”
Giuliani told @svdate he thinks that Trump could not be indicted even if he shot James Comey.
Claims Congress would have to impeach him first. https://t.co/3R8xiZWvkJ
— Ryan J. Reilly (@ryanjreilly) June 3, 2018
Giuliani further explained the legal conundrum facing special counsel Robert Mueller, who, in a 20-page letter from Trump’s legal team, was advised that the President can’t obstruct an investigation because he has the power to terminate it at any time.
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“In no case can he be subpoenaed or indicted,” Rudy Giuliani told HuffPost Sunday, claiming a president’s constitutional powers are that broad. “I don’t know how you can indict while he’s in office. No matter what it is.”
Giuliani’s comments echo those made by Trump himself during his 2016 presidential campaign in which he claimed he could do something crazy and still not lose voter support.
“I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose voters,” Trump said at the time.
It was an obviously hyperbolic statement about his popularity and not a legal explanation as Giuliani has presented.
— CNN Politics (@CNNPolitics) June 3, 2018
Trump’s lawyer has also stated his view that, even if the President were to somehow be charged he could pardon himself.
“He has no intention of pardoning himself, but he probably does (have the power to),” Giuliani said during an interview with George Stephanopoulos.
He added that the “political ramifications of that would be tough,” however.
Do you agree with Giuliani that the President can’t be indicted while in office? Share your thoughts below!
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