Trump’s Lawyers, in Confidential Memo, Argue to Head Off a Historic Subpoena

Marsha Scott
June 3, 2018

The legal assertions made in the letter, which constitutional experts say raise novel issues, likely will be tested in court if Trump declines an interview, Mueller issues a subpoena and a legal battle ensues.

Lawyers for President Donald Trump told Robert Mueller that Trump could not have committed obstruction of justice by "virtue of his position as the chief law enforcement officer", according to a January letter to the special counsel published Saturday by the New York Times.

They also contended that nothing Mr. Trump did violated obstruction-of-justice statutes, making both a technical parsing of what one such law covers and a broad constitutional argument that Congress can not infringe on how he exercises his power to supervise the executive branch.

After the Times reported on the Trump Tower meeting last summer, "The president dictated a short but accurate response. on behalf of his son", stated the newly obtained letter, written by Trump's attorneys Jay Sekulow and John Dowd (who has since left the Trump legal team).

Giuliani told the Fox News Channel host Sean Hannity on May 2 that he believes an attempt by Mueller to subpoena the President could prompt litigation.

"There was No Collusion with Russian Federation (except by the Democrats)", Trump tweeted. "When will this expensive Witch Hunt Hoax ever end?" he wrote. "So bad for our Country". "Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media?"

Republicans are calling on investigators to wrap up the ongoing investigation into collusion claims between the Trump campaign and Russian Federation soon.

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The letter outlines 16 topics Mueller's team intends to question Trump about, including the firing of FBI Director James Comey.

President Donald Trump's attorney Rudy Giuliani arrives with his guest Jennifer Leblanc at the White House in Washington, U.S., May 30, 2018.

Statute allows him to terminate probe?

The lawyers also seem to hold out the possibility of a pardon for former national security adviser Michael Flynn.

Kasowitz also said an interview with NBC's Lester Holt was taken out of context when Trump said, "I was going to fire Comey knowing there was no good time to do it".

"And in America, no one is above the law, including the president".

In recent weeks, they have also begun a public-relations campaign to discredit the investigation and in part to preempt a potentially damaging special counsel report that could prompt impeachment proceedings.

Other reports by MaliBehiribAe

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