Topline
As he leads a longshot legal effort to overturn the results of the election at the behest of President Trump, Rudolph Giuliani has discussed receiving a preemptive pardon from the president, the New York Times and ABC News reported Tuesday.
UNITED STATES - NOVEMBER 19: Rudolph Giuliani, attorney for President Donald Trump, arrives for a ... [+]
Key Facts
It’s not clear what the pardon would be for, though Giuliani was said to be under investigation by federal prosecutors in Manhattan last year scrutinizing whether the former New York City mayor broke lobbying laws related to his work in Ukraine, and for his alleged plot to expel the ambassador there.
According to the Times, it’s not clear who floated the idea of a pardon, though the two men have discussed the possibility of one before.
Trump pardoned his former National Security adviser Michael Flynn last week, and is reportedly considering pardoning other close allies, including Paul Manafort, his former campaign manager who was convicted of bank fraud charges.
When asked about the report, a spokesperson for Giuliani, Christianne Allen, told the Times: “Mayor Giuliani cannot comment on any discussions that he has with his client.”
After the Times published its story—later backed up by reporting from ABC—Giuliani pushed back on the reporting on Twitter saying he “never had the discussion.”
Crucial Quote
On Monday, Fox News’ Sean Hannity floated the possibility of Trump pardoning himself, saying, “The president out the door needs to pardon his whole family and himself.” Legal experts say it’s not clear the president has the power to do so. In 1974, as then-President Richard Nixon considered a self-pardon, the Justice Department penned a memo stating “the president cannot pardon himself.”
Key Background
Preemptive presidential pardons are atypical, but have happened before. President Gerald Ford famously pardoned Nixon for any his crimes he committed as president.
Tangent
Other allies the president could pardon include George Papadopoulos, a former Trump campaign staffer who was convicted of lying to the FBI, and Steve Bannon, a former adviser who was charged with fraud earlier this year.
Further Reading
Trump Could Pardon His Friends Before Leaving White House—But Probably Not Himself (Forbes)
Trump Pardons Michael Flynn: Supporters Will Be Thrilled, Critics Appalled (Forbes)
Should Trump Be Prosecuted? (opinion) (New York Times)
