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Rudy Giuliani mentioned apologizing to Trump earlier than leaving the White Home, a report mentioned

The National Thanksgiving Turkey Corn stands ready as U.S. President Donald Trump speaks during the 73rd annual presentation (and pardon) in the Rose Garden of the White House in Washington, the United States, on November 24, 2020.

Hannah McKay | Reuters

President Donald Trump's personal attorney Rudy Giuliani recently spoke to the president about the possibility of receiving a preventative pardon before Trump leaves office. This emerged from a report on Tuesday.

The detailed discussions between the two men, detailed by the New York Times, come as Giuliani leads the final legal effort of Trump's campaign to reverse President-elect Joe Biden's proposed victory over Trump in the electoral college.

"Not true," Giuliani told CNBC via text message when asked about the Times report.

Giuliani, who had not been charged with any crime, was known to be under investigation by the US Attorney's Office for the southern borough of New York a year ago. This is the same Manhattan attorney's office that Giuliani headed in the 1980s before being elected Mayor of New York City in 1993.

Former New York City Mayor Rudy Giuliani, US President Donald Trump's personal attorney, gestures after the media announced that Democratic US presidential candidate Joe Biden will run the 2020 US presidential election in Philadelphia, Pennsylvania, the United States, on Nov. 7 2020 won.

Eduardo Munoz | Reuters

The investigation reportedly centered on Giuliani's actions in and connections with Ukraine, where he spent months trying to gather harmful information about Biden and his son Hunter Biden. The status of this investigation is unknown.

Trump was indicted by the House of Representatives last year and eventually acquitted after a Senate trial for pressuring the President of Ukraine to open an investigation into Hunter Biden's business relations in that country while Trump withheld from Congress-approved military aid to that nation would have.

The Times reported, citing two people familiar with the matter, that Giuliani spoke to Trump about a preventative pardon just last week.

The men had previously discussed this possibility, according to the newspaper.

Giuliani's attorney Robert Costello did not immediately respond to a request for comment from CNBC. A White House spokesman declined to comment.

Although rare, it is legal for a president to apologize for federal crimes before those people have actually been charged with such acts.

The most famous example of this was in 1974 when President Gerald Ford pardoned his immediate predecessor Richard Nixon, who resigned from grace after the Watergate scandal. Nixon was the target of a criminal investigation but had not yet been charged at the time Ford granted the controversial pardon.

Ford's successor in the White House, President Jimmy Carter, took precautionary measures to apologize to hundreds of thousands of American men who evaded the draft during the Vietnam War.

Trump last week apologized to his first national security adviser, Michael Flynn, for lying to FBI agents about his talks with a Russian diplomat prior to Trump's inauguration.

Flynn, who pleaded guilty to this case before turning back later, had yet to be convicted. The Justice Department attempted to break this belief and dismiss the charge at the time of the pardon.

Giuliani and other lawyers for Trump's campaign for weeks have alleged the president was fraudulently cheated of a victory in the 2020 election.

However, these attorneys have not presented any evidence of significant fraud. And the campaign and its allies have lost or withdrawn lawsuits to invalidate the ballots for Biden, who won both the electoral college and the popular votes.

Giuliani has suggested that state lawmakers can turn the results of their elections upside down and nominate electoral rolls for Trump to the electoral college, undoing Biden's planned victory there.

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