Donald Trump’s attorney said his legal team would fight a subpoena for the president to testify in special counsel Robert Mueller’s probe of potential obstruction of justice.
“We will say hey. You got everything you need...what do you need us for?” Rudy Giuliani said during an interview on ABC’s “This Week”.
His remarks came after the New York Times detailed a memorandum from Mr Trump’s legal team arguing against Mr Mueller’s team compelling Mr Trump to testify - foreshadowing a potential historic clash as Mr Mueller’s team seeks to determine whether the president hindered the special counsel’s probe into Russian election interference and links to the Trump campaign.
A paramount question for the president’s lawyers is whether Mr Trump will sit for an interview - and, if he were to refuse, whether Mr Mueller has the legal power to compel his testimony by issuing a grand jury subpoena.
While Mr Giuliani stopped short of saying the president categorically could not be subpoenaed, he said Mr Trump’s attorney are “leaning towards not” allowing the president to be interviewed - overriding Mr Trump's desire to set the record straight.
“He believes he’s innocent“, Mr Giuliani said. ”He believes if he gets the chance to explain it people will understand: no collusion with the Russians, no obstruction of justice”.
Mr Giuliani rejected the memorandum’s explosive contention that a president cannot be investigated for obstruction of justice and can halt a legal inquiry at any time, saying “I would not go that far”. In a separate appearance on “Meet the Press”, the president’s counsel acknowledged the political peril if Mr Trump were to try and dissolve Mr Mueller's inquiry.
“It could lead to impeachment - if he terminated an investigation of himself, it could lead to all sorts of” outcomes, Mr Giuliani said.
Similarly, while Mr Giuliani affirmed that Mr Trump “probably does” have the power to pardon himself - wielding a tool he has repeatedly used on his political allies - he said it would not happen.
“The president of the United States pardoning himself would just be unthinkable”, Mr Giuliani said, “and it would lead to probably an immediate impeachment”.
Mr Giuliani continued to resist the argument that Mr Trump had sought to undercut the Russia probe by urging former FBI director James Comey to ease off former Trump adviser Michael Flynn - who has since pleaded guilty to lying about his contacts with Russia - and subsequently firing Mr Comey. Deputy attorney general Rod Rosenstein has since assumed responsibility for overseeing Mr Mueller’s probe.
“Firing an employee when you know that another employee’s going to come in and take that job and further the investigation cannot possibly obstruct the investigation”, Mr Giuliani said.
As Mr Mueller’s inquiry into the president’s actions has reached a crescendo, Mr Giuliani has made a series of statements about the limits of Mr Mueller’s power to investigate a sitting president.
Last month, Mr Giuliani said he had been made to understand that Mr Mueller’s team would adhere to longstanding legal precedent saying a president cannot be indicted. The Justice Department has not publicly confirmed that Mr Mueller has reached that conclusion.
