House Judiciary Democrats are asking White House lawyer Don McGahn what he has told President Trump about his pardon powers and whether Trump has ever considered pardoning campaign associates under criminal investigation.
Democrats want a response from McGahn by June 20. The questions, sent in a letter to the White House counsel, come days after Trump tweeted that he has the “absolute right” to pardon himself.
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!
— Donald J. Trump (@realDonaldTrump) June 4, 2018
Led by Rep. Jerry Nadler, D-N.Y., ranking member on the committee, the Democrats asked McGahn if he has ever “discussed the Office of the Pardon Attorney with the president” and if Trump has chosen to work around the Office of the Pardon Attorney.
Trump has so far bypassed the traditional system for granting pardons, ignoring the 10,000 applications piling up at the Justice Department to focus on famous public figures.
[Also read: Trump considering pardon for Martha Stewart, commutation for Rod Blagojevich]
Democrats also asked if Trump has ever discussed pardoning his private attorney, Michael Cohen, and other associates, including former campaign manager Paul Manafort, former deputy campaign manager Richard Gates, and former national security adviser Michael Flynn.
“Has President Trump ever discussed issuing a pardon to any of his associates, particularly those under indictment?” Democrats wrote in the letter sent Wednesday.
“Do you agree that the president’s role as ‘chief law enforcement officer’ essentially renders him above the law and that he can never obstruct a federal criminal investigation if the behavior in question implicates the exercise of powers granted to him by the Constitution? If so on what legal authority do you base your conclusion?” the letter continues.
Democrats also ask McGahn about recent comments by former New York Mayor Rudy Giuliani that Trump is above the law.
“Do you believe as Mr. Giuliani has stated that President Trump could murder the FBI director and not face criminal charges as long as he remains in office?” Democrats write.
[Related: Alan Dershowitz: Media is ‘weaponizing a cliche’ by saying Trump is ‘above the law’]
Democrats’ letter to McGahn, 6/6/18 by Washington Examiner on Scribd