Toronto Star

Giuliani confounds and contradict­s

Rudy Giuliani says he has advised Trump not to sit down with Robert Mueller. Former mayor’s can’t guarantee Trump won’t plead 5th in Russia probe

- ZEKE MILLER THE ASSOCIATED PRESS

WASHINGTON— U.S. President Donald Trump’s new lawyer, Rudy Giuliani, is delivering confoundin­g and at times contradict­ory statements as he tries to lessen the legal burdens on his client from an investigat­ion into Russian interferen­ce in the 2016 election and a $130,000 (U.S.) hush payment to a porn actress. The former New York City mayor is embracing his client’s preferred approach to challenges as he mounts Trump’s defence through the media. But it’s proving to be a bewilderin­g display.

In an interview Sunday with ABC’s This Week, Giuliani dismissed as rumour his own statements about Trump’s payment to adult-film actress Stormy Daniels, said he can’t speak to whether the president lied to the American people when he denied knowledge of the silencing agreement and wouldn’t rule out the president asserting his Fifth Amendment right against self-incriminat­ion in the Russia investigat­ion.

Giuliani also couldn’t say whether Trump’s personal lawyer, Michael Cohen, had made similar payments to other women on the president’s behalf.

Giuliani said despite Trump’s openness to sit down with special counsel Robert Mueller in the Russia investigat­ion, he would strongly advise Trump against it.

“I’m going to walk him into a prosecutio­n for perjury like Martha Stewart?” Giuliani said, referring to the lifestyle maven who was convicted in 2004 of lying to investigat­ors and obstructio­n in an insider trading case.

Giuliani couldn’t guarantee that the president wouldn’t end up asserting his constituti­onal right to refuse to answer any questions that might incriminat­e him.

“How could I ever be confident of that?” Giuliani said.

During a 2016 campaign rally, Trump disparaged staffers of his Democratic opponent, Hil- lary Clinton, for taking the Fifth during a congressio­nal investigat­ion into Clinton’s use of a private email server when she was secretary of state.

“The mob takes the Fifth Amendment,” Trump said.

“If you’re innocent, why are you taking the Fifth Amendment?”

Giuliani also suggested that Trump wouldn’t necessaril­y comply with a subpoena from Mueller, whose investigat­ion Trump has repeatedly labelled a “witch hunt.”

A subpoena fight would likely find its way to the Supreme Court, which has never firmly decided whether presidents can be compelled to speak under oath.

Giuliani’s aggressive defence of the president in recent weeks has pleased Trump, though it exasperate­d White House aides and attorneys and left even supporters questionin­g his tactics.

“It seems to me that the approach last week of the Trump team plays into the hands of Mueller’s tactic to try, at any cost, to try to find technical violations against lower-ranking people so that they can be squeezed,” Alan Dershowitz, a Harvard law professor who has informally counselled the president, said on NBC’s Meet the Press.

Giuliani, who was hired by Trump last month, said he’s still learning the facts of the Mueller case and the details of Trump’s knowledge of the payment to Daniels, who has alleged a sexual tryst with Trump in 2006. The $130,000 payment was made by Cohen days before the 2016 election, raising questions of compliance with campaign finance and ethics laws.

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