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d-38141House OversightOther

Special Counsel fears President's pardon power could derail investigation and seeks legal workaround

The passage outlines a concrete potential legal strategy by the Special Counsel to limit the President's pardon authority, mentions a pending budget deadline, and references specific individuals (Pres Special Counsel budget request due July 1 could be blocked by the Attorney General, threatening the If shut down, the team may try to transfer grand‑jury evidence to other federal prosecutors. The S

Date
November 11, 2025
Source
House Oversight
Reference
House Oversight #030263
Pages
1
Persons
0
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Summary

The passage outlines a concrete potential legal strategy by the Special Counsel to limit the President's pardon authority, mentions a pending budget deadline, and references specific individuals (Pres Special Counsel budget request due July 1 could be blocked by the Attorney General, threatening the If shut down, the team may try to transfer grand‑jury evidence to other federal prosecutors. The S

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potential-obstruction-of-justiimpeachmentbudgetmichael-flynnexecutive-overreachbudgetary-pressurelegal-exposurepardon-powermoderate-importancehouse-oversightgrand-juryspecial-counsel
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Office and staff would survive the Special Counsel's ouster and their work preserved. And that actions taken by the Grand Jury would remain in effect. This, however, would probably not be true if the Attorney General refused the next Special Counsel's budget request—due on July 1. That would shut down the whole operation—the Special Counsel staff and grand juries. There might, however, according to research the team has prepared, be enough time between the order and the shuttering for the Special Counsel to share the grand jury evidence with other federal prosecutors, who might act on their own authority to pursue the President. The President's constitutional pardon powers appear to be some of the most troubling and threatening issues for the Special Counsel. The Counsel's office believes the President will use his pardon power as an instrument to undermine the investigation. According to present and former White House advisors, the President's recent spate of pardons are in part his way of taunting the Special Counsel. The White House, according to these sources, is aware that the Special Counsel has concluded the President's pardon power is near absolute: the President can certainly pardon himself, and others involved in the investigation. Early in June, the Special Counsel, believing that a pardon for Michael Flynn was imminent, rushed to build a case that might form an exception to the President's pardon authority. The argument, perhaps a slim-thread one, tries to undermine what both the White House and many outside legal authorities, and much of the Special Counsel's own research, believes to be one of the few unchallengeable powers granted the President. In effect, the Special Counsel continues the theme of it’s case: there is a level of obstruction of justice that all reasonable men might know when they see it. If you pardon someone to get yourself off the hook, that’s a "corrupt" action. The constitution is not a statute that you might violate, but a larger covenant which you might offend (or, equally, that might protect you). Since the President is in charge of upholding the constitution and much of the constitution is about preventing corrupt acts or abuses of power, the pardon, in the case of Michael Flynn, is, the Mueller team is set to argue, unconstitutional. What's more, since there is an impeachment process in place—or there are impeachment resolutions before congress—and impeachment is the province of Congress, a pardon of a potential witness in this

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