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Russia investigation. rudy giuliani telling the "huffington post" it's impossible to subpoena or indict the sitting president, claiming, if he shot james comey, he would be impeached the next day. giuliani also raising questions about the extent of the president's pardoning power. >> do you believe the president has the power to pardon himself? >> he has no intention of pardoning himself but that doesn't say he can't. >> reporter: this hours after the "new york times" published a letter that was sent to robert mueller in january, asserting the president can't obstruct justice because the const...

Have done nothing wrong. the president gave no evidence for why he thinks that robert mueller's appointment is unconstitutional. based on the facts that we've seen them, it is not. coming up, i'll speak with a lawyer about both of those statements. just for context, here's what the constitution does say about the president's pardoning power. he shall have the power to grant reprieves and pardons for offenses against the united states except in cases of impeachment. four days before president richard nixon resigned in 1974, the acting head of the justice's department issued a legal opinion writ...

Doesn't say he can't. >> donald trump's lawyer, rudy giuliani, is back on tv today making some interesting claims about his boss's pardoning power. back with me are e.j., jennifer and michael. i don't know if you could see my face after that. what is your reaction to that that the president's lawyer, i just want to be specific, television lawyer, is out there saying, the president is not talking about pardoning himself but who says he can't. what kind of talk is this? >> this is incoherent. this is -- maybe he's working on his, you know, insufficient legal defense argument for the supreme tria...

Mueller, the president can just overrule you? >> yeah, kind of. although stone is playing an interesting role because he likes to make it look like he's giving an opinion -- stone has his own problems that i think is hopeful if he says things to elevate the president, perhaps that can help protect him one day if he needed that protection. mary catherine points out exactly what's right. the president clearly has pardoning power, and the public's recourse if they don't like the way he uses that pardoning power in his elections, there are still two kind of channels they work through. that is the ...

Tongue in cheek but half if you're a republican and you're trying to think if it's two years or seven years, there's going to be a post-trump republican party, what do we want it to be? that would bother me a little bit. >> yes. it bothered me for a while. this is a problem, and i do think some of the pardons are used for trolling, arpaio among them. this is a real injustice of the jim crow era, and a plaud hpplan that. i'm okay with the good ones, and i'm okay that the president can use pardoning power. of all the things the president does do, this is not the one that will upset me too much j...