Trump Team's Attempt to Avoid Mueller

News  |  Jan 31, 2018

According to CNN, President Trump's lawyers are trying to keep him from having to interview with Special Counsel Robert Mueller.

While the White House has cooperated with Mueller's investigation by providing documents and voluntary witness testimony, the President's legal team argues that the President should not be treated like anyone else. Trump's attorneys would like Mueller's prosecutors to show that only the President can give them the information they require.

Just last week, the president declared he would love to speak with Mueller as soon as possible but added that it would be up to his lawyers to make that decision. 

CNN:

But even if the President's lawyers object and seek to fight efforts to talk to him, Mueller could ultimately seek to force the issue through a grand jury subpoena. That would prolong the issue and could lead to court battles.

One legal theory comes from a case related to the investigation of Mike Espy, President Bill Clinton's first agriculture secretary, who resigned in 1994 amid an ethics scandal and independent investigation involving gifts. His case attempted to use executive privilege to rebuff an independent criminal investigator's request for documents.

The Espy decision also laid out a legal test that lawyers on both sides could use when a president faces an inquiry. A special counsel that subpoenas the president must seek evidence that's "important to the ongoing grand jury investigation and [must demonstrate] why this evidence is not available from another source."

One significant challenge facing the President's lawyers is there is no clear legal precedent for a president to avoid testifying.

Trump's lawyers argue Mueller has not met threshold for presidential interview (CNN)