Rudy Giuliani on Saturday said he would take Robert Mueller to court if the special counsel issues a subpoena against President Donald Trump. In an interview with ABC News, the former New York City mayor said “If Mueller tries to subpoena us, we’re going to court.”
This latest bit of bombastic bluster from Giuliani may be an attempt to intimidate the special counsel but if that’s the case then it’s not likely to succeed. Most people believe that Bob Mueller and his team are well prepared legally to do battle in court with Trump’s legal team.
Few people believe that Giuliani’s legal skills and knowledge of the law exceed those of the world-class prosecutors who are working for Mueller in their investigation of Russia’s interference in the 2016 U.S. presidential election. Giuliani joined Trump’s legal team in April.
In his interview Giuliani also confirmed the contents of a 20-page letter sent by Trump’s lawyers to Mueller in January. The New York Times had just reported on the existence of the letter which argued that the president cannot legally obstruct justice in the Russia investigation due to his position as “chief law enforcement officer.”
“It remains our position that the President’s actions here, by virtue of his position as the chief law enforcement officer, could neither constitutionally nor legally constitute obstruction because that would amount to him obstructing himself, and that he could if he wished, terminate the inquiry, or even exercise his power to pardon if he so desired,” the letter said. It was dated January 29, 2018. Giuliani yesterday said that the legal strategy the letter outlines still stands.
Just before the Times story was published President Trump tweeted an accusation that the letter had been leaked to the media by someone on Mueller’s team:
“There was No Collusion with Russia (except by the Democrats). “When will this very expensive Witch Hunt Hoax ever end? So bad for our Country. Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media? Should be looking at Dems corruption instead?”
There was No Collusion with Russia (except by the Democrats). When will this very expensive Witch Hunt Hoax ever end? So bad for our Country. Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media? Should be looking at Dems corruption instead?
— Donald J. Trump (@realDonaldTrump) June 2, 2018
Giuliani also accused the special counsel’s team of leaking the memo but there is no evidence to support this.
Mueller has requested an interview with Trump, but while the president has said he would be willing to sit down with the special counsel, his legal team has advised against it. Giuliani recently said that there would be no Trump interview with Mueller until the president has a chance to review the “spygate” documents.
It appears likely that despite Giuliani’s most recent threat, Mueller will probably issue a subpoena to the president to compel him to testify under oath. This is something the entire world is waiting to see.
I am a lifelong Democrat with a passion for social justice and progressive issues. I have degrees in writing, economics and law from the University of Iowa.