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Not since the era of former President George W. Bush has Washington engaged in such a vivid debate about executive power. Back then, it was about national security and war. Now it’s about what might happen if President Trump Donald John TrumpBiden on Trump's refusal to commit to peaceful transfer of power: 'What country are we in?' Romney: 'Unthinkable and unacceptable' to not commit to peaceful transition of power Two Louisville police officers shot amid Breonna Taylor grand jury protests MORE put a bullet through his nemesis, former FBI Director James Comey James Brien ComeyDemocrats fear Russia interference could spoil bid to retake Senate Book: FBI sex crimes investigator helped trigger October 2016 public probe of Clinton emails Trump jabs at FBI director over testimony on Russia, antifa MORE.

“If he shot James Comey, he’d be impeached the next day,” Trump attorney Rudy Giuliani told HuffPost on Sunday. “Impeach him, and then you can do whatever you want to do to him.”

The former prosecutor’s eyebrow-raising point was that Trump can’t be subpoenaed or indicted for any criminal act by the executive branch he governs. Impeachment by the legislative branch is the only check.

That’s the crux of a lengthy legal argument Trump’s former legal team sent to special counsel Robert Mueller Robert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE months ago. The New York Times on Saturday published the 20-page letter, setting off a ferocious, cable-infused debate about points even Giuliani, who joined Trump’s legal defenders more recently, is somewhat equivocal.

The boldest argument made by Trump’s legal advisers was that if Mueller reports to the Justice Department that there’s evidence the president obstructed the ongoing Russia investigation, the Constitution empowers the president to, “if he wished, terminate the inquiry, or even exercise his power to pardon.”

The undertow

The former New York mayor, who chats during interviews like a politician and a showman more than as a constitutional law expert, thinks it unwise for the president to submit to an interview with Mueller, and he’s setting the stage in case the president fights a subpoena. Trump, at least publicly, runs hot and cold on the idea of facing off against the special counsel.

Giuliani conceded to ABC News’s George Stephanopoulos that truth and memories are not fixed around the president: "This is the reason you don't let the president testify. Our recollection keeps changing, or we're not even asked a question and somebody makes an assumption," he said.

Debate turns to Congress

Reactions from lawmakers were swift about whether Trump can pardon himself, or unilaterally shut down federal investigations. Giuliani’s arguments, despite his protestations of the president’s innocence, sent a message to the president’s allies in Congress: If Trump winds up in legal hot water, lawmakers get the first crack at what to do about it.

A president should not pardon himself, says House Majority Leader Kevin McCarthy Kevin Owen McCarthyMcCarthy threatens motion to oust Pelosi if she moves forward with impeachment Kate Schroder in Ohio among Democratic challengers squelching GOP hopes for the House McCarthy's Democratic challenger to launch first TV ad highlighting Air Force service as single mother MORE (R-Calif.) (The Hill): … Possibility of Trump pardoning himself sparks pushback from GOP (The Hill) … Giuliani says Trump “probably” has power to pardon himself (The Hill)… Giuliani threatens to go to court if Mueller subpoenas Trump (The Hill).













LEADING THE DAY





INTERNATIONAL: North Korea: Trump has gotten further with North Korea than any American president in a decade, The New York Times reports. His statements Friday after meeting with a top North Korean official at the White House hinted, however, at an evolving diplomatic process that could resemble (more than reinvent) the checkered experiences of his predecessors, Bill Clinton William (Bill) Jefferson ClintonEpstein podcast host says he affiliated with elites from 'both sides of the aisle' Ruth Bader Ginsburg lies in repose at Supreme Court Business groups start gaming out a Biden administration MORE and George W. Bush.

Some experts worry Trump is unilaterally diluting the leverage of sanctions: “It’s going to remain what it is now,” the president said Friday of U.S. sanctions. “I don’t even want to use the term ‘maximum pressure’ anymore because I don’t want to use that term because we’re getting along. You see the relationship.”

Trump says a breakthrough June 12 could be an agreed-upon end to the 1950-53 Korean War, which concluded with a truce, not a peace treaty.

Reuters: North Korea shakes up top military leadership ahead of Trump-Kim summit, a U.S. official reports. The three identified replacements are all younger appointees (The Hill via Yonhap).

The New York Times: Kim continues his outreach to U.S. adversaries, announcing a planned visit to North Korea by Syrian President Bashar Assad, via news through Pyongyang’s state-run media.

TRADE: Lawmakers, business representatives, agriculture interests and leaders of Canada, Mexico and the European Union continue to assail the president’s decision to levy steel and aluminum tariffs on imports. The affected nations pledge equivalent tariffs in retaliation.

Canadian Prime Minister Justin Trudeau, who is hosting the annual G7 summit this weekend with Trump and other world leaders, defended Canada’s tit-for-tat response as “reciprocal,” borrowing one of Trump’s favorite words.

The Associated Press reports on the impacts of a potential trade war, if the U.S. goes ahead with tariffs of 25 percent on steel and 10 percent on aluminum, based on arguments of “national security.”

The Hill: Trump tariffs threaten to torpedo the North American Free Trade Agreement.

China: Proposed trade deals with the U.S. are in jeopardy if the Trump administration imposes tariffs on Chinese goods, Beijing warned (The Hill) … Bilateral trade discussions with China over the weekend ended in an impasse, The Wall Street Journal reports … Treasury secretary Steven Mnuchin Steven Terner MnuchinHillicon Valley: DOJ proposes tech liability shield reform to Congress | Treasury sanctions individuals, groups tied to Russian malign influence activities | House Republican introduces bill to set standards for self-driving cars Treasury: Trump's payroll tax deferral won't hurt Social Security Treasury sanctions individuals, groups tied to Russian malign influence activities MORE is an advocate for moderation on trade policy with the president while also carrying out Trump’s agenda, reports The New York Times.

Germany: The new U.S. ambassador to Germany, Richard Grenell, tells Breitbart News during an interview that he’s pressing the German government to make good on its pledged support for NATO’s shared defense, an issue important to Trump. “It is woeful,” he said of the German position.

RUSSIA: The Trump administration is in early talks for a potential summit between the president and Russian President Vladimir Putin, The Wall Street Journal reports. Planning is said to be at an early stage with no date or location set.







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IN FOCUS/SHARP TAKES





➔ CONGRESS: Republican leaders in both chambers are studying polling, eyeing their difficulty in breaking through to the public in a media environment dominated by Trump, and hunting for legislative endeavors that can put them in the good graces of their constituents this fall.

They aren’t all on the same page about how to proceed, which means that as they return today and tomorrow from their Memorial Day break, House and Senate GOP leaders expect lots of meetings this week to try to smooth a path to November.

Rifts are obvious inside the GOP, between the two chambers, and in reaction to some of the president’s decisions and rhetoric: Immigration policy and the Deferred Action for Childhood Arrivals program, steel and aluminum trade tariffs, the administration’s posture toward China and Russia, budget priorities, and Trump’s distracting preoccupation with multiple investigations and his expansive views of executive authority.

Over the weekend, retiring Sen. Bob Corker Robert (Bob) Phillips CorkerHas Congress captured Russia policy? Tennessee primary battle turns nasty for Republicans Cheney clashes with Trump MORE (R-Tenn.), for example, tweeted a call to fellow senators to forge a legislative check on the administration:

Senate GOP agenda: Politico: Two Republican senators are surveying GOP colleagues, searching for an agenda they can rally around. This week, Senate Majority Leader Mitch McConnell Addison (Mitch) Mitchell McConnellFEC flags McConnell campaign over suspected accounting errors Poll: 59 percent think president elected in November should name next Supreme Court justice Mark Kelly: Arizona Senate race winner should be sworn in 'promptly' MORE (R-Ky.) is expected to opt for a truncated August break to keep the Senate working (and perhaps keep some Democratic candidates away from the campaign trail), according to The Hill.

House GOP agenda: The Washington Examiner: Congress returns to an immigration stalemate this week, where a discharge petition to force a floor vote is a handful short of the required 218 signatures. House Republicans will gather on June 7 to try to hash out a path forward that has eluded them after weeks of discussions.

House Republicans: The Associated Press: End of an era? The House Tea Party revolt of 2010 was a midterm-year wave that ebbed with the realities of governing.

House shutdown: CNN: Former Trump adviser Stephen Bannon predicts another government shutdown this fall as Trump and Republicans push for border wall funding.

➔ CAMPAIGNS & POLITICS:

Immigration: The Hill: Sen. Jeff Merkley Jeffrey (Jeff) Alan MerkleyThe Hill's Morning Report - Sponsored by The Air Line Pilots Association - Trump, Biden renew push for Latino support Sunday shows - Trump team defends coronavirus response Oregon senator says Trump's blame on 'forest management' for wildfires is 'just a big and devastating lie' MORE (D-Ore.) shared a video on social media late Sunday following his unsuccessful efforts to gain entry to a federal immigration detention center in Brownsville, Texas. Merkley, a potential presidential aspirant in 2020, said he was told the facility held immigrant children separated from their parents.

> The New York Times: In interviews, lawmakers discuss the political risks of continuing to push for immigration votes this summer, as well as the downsides of Congress’s failure to do so.

> The Washington Post: GOP candidates echo Trump on immigration as the president transforms his party.

>CNN: How one month shifted the immigration landscape across three branches of government, and among voters.

The Hill’s Melanie Zanona reports the Republican Party has doubled female recruits for congressional races this year. There are 103 GOP women running for House seats this election — up from 48 in the previous election cycle, according to the Center for American Women and Politics at Rutgers University.

House majority: CBS News: A CBS News/YouGov poll finds that control of the House next year is a toss-up at the moment, a signal to GOP lawmakers that chances of retaining the majority have brightened.

>The Hill: The U.S. Chamber of Commerce is investing $300,000 in ads to back Texas GOP Rep. Will Hurd William Ballard HurdHillicon Valley: Oracle confirms deal with TikTok to be 'trusted technology provider' | QAnon spreads across globe, shadowing COVID-19 | VA hit by data breach impacting 46,000 veterans House approves bill to secure internet-connected federal devices against cyber threats House Democrats' campaign arm reserves .6M in ads in competitive districts MORE for reelection. It’s the chamber’s first foray into the much-watched race. "Will Hurd is fighting to protect the Dreamers," one ad says. "He's also leading the charge for new border security measures that will keep our communities safer. Will Hurd is working for all of us."

2020: NBC News: Former Vice President Joe Biden Joe BidenBiden on Trump's refusal to commit to peaceful transfer of power: 'What country are we in?' Democratic groups using Bloomberg money to launch M in Spanish language ads in Florida Harris faces pivotal moment with Supreme Court battle MORE is bounding into midterm campaigns while he weighs another race for the White House. Reporter Mike Memoli looks at the increasingly crowded field of Democrats who are thinking about a presidential run in 2020.







The Morning Report is created by journalists Jonathan Easley jeasley@thehill.com & Alexis Simendinger asimendinger@thehill.com. Suggestions? Tips? We want to hear from you! Share The Hill’s reporting and newsletters, and encourage others to SUBSCRIBE!







OPINION





Trump’s steel destruction: He starts a needless trade war with America’s best friends, by The Wall Street Journal editorial board. “His decision to slap tariffs on steel and aluminum imports from Europe, Canada and Mexico will hurt the U.S. economy, his own foreign policy and perhaps Republicans in November.” https://on.wsj.com/2Ha79Yb

At the top of the president’s “enemies list”: Jeff Bezos, by John Podesta, opinion contributor with The Hill. https://bit.ly/2J744hd







WHERE AND WHEN





The Senate convenes at 3 p.m. and resumes consideration of the nomination of Robert Earl Wier to be United States district judge for the Eastern District of Kentucky.

The House returns to work Tuesday.

The president has lunch with Vice President Pence and Mattis. Later, he meets with Klaus Schwab, founder and executive chairman of the World Economic Forum. In the afternoon, the president will participate in the Gold Star families Memorial Day reception.







ELSEWHERE





> Today, Supreme Court watchers are alert to a possible ruling on an abortion case expected before the end of the term. It involves an unaccompanied immigrant teen in federal custody. “This is getting pretty weird,” one law professor tells The Hill’s Lydia Wheeler. Orders from the court’s May 31 conference are due at 9:30 a.m. and opinions at 10 a.m. are possible. SCOTUSblog.com covers it all live.

> Many women with early-stage forms of breast cancer can skip chemotherapy, based on findings of a new test, by Denise Grady, The New York Times. The findings apply to about 60,000 women a year in the United States.

> First lady Melania Trump Melania TrumpTrump privately blamed Black Americans for lacking initiative: report The Hill's 12:30 Report: Ginsburg lies in repose Melania Trump: Ginsburg's 'spirit will live on in all she has inspired' MORE will not attend the upcoming Group of Seven summit in Canada with the president, and will not travel to the North Korea summit in Singapore next week, ABC News reported.

> Guatemala volcano Fuego erupts, sending lava into homes, killing dozens, The Associated Press reports.

> Trump says he’s a master negotiator. Those who’ve dealt with him beg to differ. “He still needs a negotiating win heading into November’s midterms,” by Michael Kruse, Politico magazine.

> Prostitution in the 1890s flourished adjacent to the U.S. Capitol, an area dubbed “the plague spot of Washington,” per an antique, hand-drawn map found in Library of Congress holdings, according to House History Man blog, by Paul K. Williams, president of historic Congressional Cemetery. “Grover Cleveland can sit in his bedroom window at the White House and survey this entire territory,” reported the disapproving commentary of that era. (Cleveland, a Democrat, was the 22nd and 24th president.)







THE CLOSER





And finally … The right stuff, circa 2018 … In 1961, the first American to travel into space, Alan Shepard, spent 15 minutes aloft and was later greeted with ticker-tape parades and enduring fame (10 years later, he walked on the moon). On Wednesday, an international crew will launch to the International Space Station, just days after three colleagues safely returned to Earth after spending five and a half months in space.

Russian cosmonaut Anton Shkaplerov, NASA flight engineer Scott Tingle, and Japanese physician-astronaut Norishige Kanai splashed down in Kazakhstan Sunday after 168 days of the kind of research that has become almost routine. “That was a good ride!” Tingle exclaimed. CBS News coverage here.





