Sources say Burney handed the post to Trump before he resigned last month.
White House officials are also considering how the federal investigation into the uprising affects other amnesties Trump has discussed, such as his personal lawyer Rudy Giuliani who called for a “hearing by combat” at a rally on Wednesday before the Capitol attack. .
A person close to the White House said the DC situation has also raised issues within the White House over the amnesty.
An additional apology is expected from the White House before Trump leaves office next week.
CNN did not immediately return calls from the White House, and Barrow did not immediately return calls seeking comment.
The memo says, however, that a seat may resign from the presidency and that person may then be pardoned by its vice president once he assumes the presidency. This was the case in 1974 when President Gerald Ford pardoned Richard Nixon.
Two separate sources close to Vice President Mike Pence say Pence is unlikely to forgive Trump in this situation. Pence was a staunch supporter of the president, but is now frustrated and disappointed with Trump for not calling for an investigation into his behavior around the insurgency and during and after the riots, multiple sources said.
Trump can forgive himself even if his administration does not approve the action. Self-pardon would only extend to federal crimes, and would not protect Trump from state action, including an investigation by New York State attorneys into Trump’s personal and corporate finances.
In general, the White House Council’s Fees, the Office of Justice’s Legal Adviser, will ask the Office Fees to comment on weighty legal issues. This office is responsible for giving opinions on executive branch authority, and generally tends to take a broader view of presidential powers.
Burr and Ciplon’s opposition to Trump’s pardon is significant because both were staunch defenders of Trump during the 2020 impeachment proceedings over his call with the European president during the Russian investigation.
There has been a recent disagreement between the two men over the lies of the presidential election. Barry resigned from his post in December, saying there was no widespread fraud in the election and that he considered resigning in recent weeks after Sipol strongly disagreed with the president and wanted to use his office to overturn the election results.
Evan Perez of CNN contributed to this report.