President Trump's lawyers sent a letter to Special Counsel Robert Mueller Wednesday rejecting his latest offer of terms for a sit-down interview with the president.
Two of them then took the conversation to the airwaves.
On a live radio program Wednesday, Trump attorneys Rudolph W. Giuliani and Jay Sekulow declined to elaborate on their rejection of Mueller’s interview terms, but both said the special counsel should finish his probe soon.
“This should be over with by Sept. 1,” Giuliani said. “We have now given him so many of the answers he has been seeking.”
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Giuliani has previously said that one of his greatest concerns about an interview was exposing Trump to accusations of perjury. Giuliani has said he fears that Mueller could decide to believe [James] Comey rather than Trump about a conversation the two men had early in Trump’s term in office and then accuse Trump of lying.
In an alleged reference to the FBI’s investigation of former national security adviser Michael Flynn, Comey has testified that Trump told him he hoped Comey could “let it go.” Giuliani said Trump does not recall saying anything like that.
By making another counterproposal after months of promises that they were only weeks away from deciding about an interview, Mr. Trump’s lawyers run the risk that Mr. Mueller could conclude that they are negotiating in bad faith to prolong the investigation. In a meeting with Mr. Trump’s lawyers this year, Mr. Mueller threatened to take the extraordinary step of subpoenaing the president to testify before a grand jury if he did not sit for a voluntary interview.
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Only one modern president, Bill Clinton, has been subpoenaed for testimony while in office; he eventually agreed to a voluntary interview to avoid a prolonged court fight. The Supreme Court has never decided whether a sitting president can be subpoenaed for testimony.
Law enforcement officials who have worked with Mr. Mueller, a longtime federal prosecutor and the head of the F.B.I. from 2001 to 2013, believe that he will try to use every tool he has to get the president to answer questions and that he will probably subpoena him to testify if he does not agree to be questioned voluntarily.
Some of Mr. Trump’s lawyers believe that Mr. Mueller will not subpoena their client out of fear of losing a court fight that could undermine the investigation’s legitimacy to the public.
The president’s lawyers have said they would fight a subpoena — a battle that could eventually be decided by the Supreme Court.
Trump lawyers reject interview request by special counsel in Russia probe (WaPo)
Trump’s Lawyers Counter Mueller’s Interview Offer, Seeking a Narrower Scope (NYT)