President Donald Trump’s legal team is “pretty much finished with” a memorandum opposing a potential subpoena by special counsel Robert Mueller and is ready to “argue it before the Supreme Court, if it gets there,” as the president’s lawyers await a response from Mueller to Trump’s latest terms for a sit-down, Rudy Giuliani told The Washington Post Wednesday.
Mueller is leading the probe into Russian interference in the 2016 election, and is also looking into whether Trump obstructed justice in 2017 by asking then-FBI Director James Comey if he could drop the bureau’s investigation into former National Security Adviser Michael Flynn.
Trump’s lawyers have gone back and forth with Mueller’s team on a sit-down, and Giuliani last week said negotiations are “down near the end.”
Trump has been pushing for a meeting – he says he wants to clear his name – and has urged his legal team to come to an agreement. But Mueller reportedly still wants to ask Trump about obstruction of justice, while Giuliani has said Trump’s team wants an interview limited to questions involving alleged collusion between the Trump presidential campaign and Russia in the 2016 election. Giuliani argues that no “legal basis” exists for the president to be questioned about obstruction.
Obstruction questions are reportedly still on the table for the interview, though, according to a Politico report, with Giuliani saying Mueller needs to demonstrate “to us that he’s got a couple questions on obstruction that he doesn’t have the answer to, that he really needs the answer to and he hasn’t made up his mind that Trump is lying.”
“We would move to quash the subpoena,” Giuliani, who is the lead lawyer for the Russia probe, told the Post.
“And we’re pretty much finished with our memorandum opposing a subpoena.”
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