Giuliani: Trump team would try to avert subpoena

Oliver Contreras  AP

Donald Trump's lawyers sent a private 20-page letter to the special counsel Robert Mueller to assert that he can not be forced to testify in the investigation into Russian meddling in the 2016 election, according to a report. "The president's game here in part is to take issues that are so beyond the pale that they have never been tested and say, 'Look, there's no authority here on point'".

"In light of these voluntary offerings, your office clearly lacks the requisite need to personally interview the president", the letter read.

Donald Trump can not have obstructed justice because he is America's top law enforcement officer, his lawyers have argued according to leaked 20-page memo.

It also asserts that, under the power of the Constitution, Trump could "if he wished, terminate the inquiry".

Giuliani also said it is an "open question" whether Trump would sit for an interview with Robert Mueller, the special counsel investigating potential collusion between Trump's 2016 presidential campaign and Russian Federation, but that the president's lawyers were leaning against having him testify.

The letter, obtained by the Times and written by Trump lawyers (at the time) John Dowd and Jay Kekulow, contends that Trump or any sitting president can't obstruct a federal investigation because the Constitution allows a president to shut down a probe or pardon those convicted.

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

"When the President does it, that means it's not illegal", Schatz said in one post.

They argued that the president holds a special position in the government and is busy running the country, making it hard for him to prepare and sit for an interview.

What will Apple announce at WWDC? iOS 12, MacBook, iPhone SE2 rumours
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The letter did not explicitly describe the possibility of Trump pardoning himself.

Most of these items pertain to matters that, in my view, indeed can not be obstruction of justice, given the president's powers. Giuliani has said that the president's legal team believes the special counsel does not have the authority to do so.

"When I chose to [fire Comey], I said to myself, you know, this Russian Federation thing with Trump and Russian Federation is a made-up story by the Democrats", Trump told Holt.

Mr Trump has not been shy about using his pardon power.

Whether Trump's lawyers' interpretation of the Constitution is correct is an open to debate.

It argued that Mr Trump is the nation's "chief regulation enforcement officer" and due to this fact claims of obstructing justice "would quantity to him obstructing himself".

The last time a special counsel was investigating a White House occupant, President Bill Clinton between August 1994 and February 1999, then counsel Kenneth Starr's office spent US$52 million in the 4-1/2 years.

Former FBI Director Comey and his deputy, Andrew McCabe, testified - under oath - that there was "no effort to impede" the investigation.

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