Rudy Giuliani called his example of President Donald Trump being able to shoot James Comey and not be prosecuted an exaggerated hypothetical example of presidential immunity and insisted Trump would not pardon himself in the Russia probe in any case.
“I said, you know very theoretically, the answer is the President can’t be prosecuted for anything,” Giuliani said on CNN’s “Cuomo Prime Time.”
He continued, “That would be entirely ridiculous. … It was a hypothetical.”
Giuliani’s comment to CNN’s Chris Cuomo came after he told HuffPost he believed the President could not be indicted while in office and went so far as to say that Trump could shoot the former FBI director and not face charges before being impeached.
Still, he stood by the remark about hypothetically shooting the former FBI director as an example of his belief in the strength of the President’s immunity.
“Almost every head of state has the same kind of immunity,” Giuliani said.
Giuliani’s comments raised eyebrows, as did the assertion that the President had the power to pardon himself.
Earlier Monday, the President tweeted about his pardon power.
“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?” Trump wrote. “In the meantime, the never ending Witch Hunt, led by 13 very Angry and Conflicted Democrats (& others) continues into the mid-terms!”
Senate Judiciary Chairman Chuck Grassley told CNN later Monday that if he were in Trump’s position, he would consider hiring a new attorney.
Giuliani, however, stood by his statement that there is “no limitation” on Trump’s pardon power. He said the “practical limitation” to the power was that a president pardoning himself would likely trigger impeachment proceedings.
But the former New York City mayor said the discussion was more of a legal exercise anyway, and that Trump would not have to face charges, or, as the President tweeted, have to pardon himself.
“He’s not going to pardon himself,” Giuliani said.