On Fox News' "Hannity" Monday, constitutional lawyer and conservative radio host Mark Levin offered an explanation for why President Trump is correct in asserting his authority to pardon himself should the special counsel "witch hunt" level charges against him.
"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 declared in a tweet Monday. "In the meantime, the never ending Witch Hunt, led by 13 very Angry and Conflicted Democrats (& others) continues into the mid-terms!"
First, Levin questioned the constitutionality of the special counsel itself: "The problem is [Deputy Attorney General] Rosenstein conferred so much power on to [special counsel Robert Mueller] — no specific criminal statutes, no specific individuals — and his oversight is so passive and so limited as he promised he would keep his hands off of Mr. Mueller that he's created an unconstitutional special counsel. And I believe that if the president challenges that one day, he will be successful," said Levin (transcript via RCP, video below).
Levin then addressed the issue of Trump's "pardon power": "You know this memo they keep referring to on Capitol Hill, Mr. Schumer, of all people, it's two and a half pages long. Page one. Page two. Page three," he said showing the memo. "See my Xs? Those of the irrelevant parts of the memo that have nothing to do with what's going on today. You see this circle, that's it. There's one sentence in this whole thing. 'Under the fundamental rule that no one may be able to be a judge in his own case, it would seem that the question should be answered in the negative.' That is whether a president can pardon himself."