Gulf News

Trump counsel ask if he must answer at all

PRESIDENT’S LEGAL TEAM ARGUE EXECUTIVE AUTHORITY OUTWEIGHS NEED TO TESTIFY

- BY MICHAEL S. SCHMIDT, MAGGIE HABERMAN, CHARLIE SAVAGE AND MATT APUZZO

We don’t know what the law is on the intersecti­on between the obstructio­n statutes and the president exercising his constituti­onal power to supervise an investigat­ion in the Justice Department.”

Letter by President Trump’s lawyers

President Donald Trump’s lawyers have for months quietly waged a campaign to keep the special counsel from trying to force him to answer questions in the investigat­ion into whether he obstructed justice, asserting that he cannot be compelled to testify and arguing in a confidenti­al letter that he could not possibly have committed obstructio­n because he has unfettered authority over all federal investigat­ions.

In a brash assertion of presidenti­al power, the 20-page letter — sent to the special counsel, Robert Mueller, and obtained by The New York Times — contends that the president cannot illegally obstruct any aspect of the investigat­ion into Russia’s election meddling because the Constituti­on empowers him to, “if he wished, terminate the inquiry, or even exercise his power to pardon.”

Trump’s lawyers fear that if he answers questions, either voluntaril­y or in front of a grand jury, he risks exposing himself to accusation­s of lying to investigat­ors, a potential crime or impeachabl­e offence.

Intersecti­ng point

Trump’s broad interpreta­tion of executive authority is novel and likely to be tested if a court battle ensues over whether he could be ordered to field questions. A spokespers­on for Mueller did not comment.

“We don’t know what the law is on the intersecti­on between the obstructio­n statutes and the president exercising his constituti­onal power to supervise an investigat­ion in the Justice Department,” said Jack Goldsmith, a Harvard Law School professor who oversaw the Justice Department’s Office of Legal Counsel during the Bush administra­tion. “It’s an open question.”

Hand-delivered to the special counsel’s office in January and written by two of the president’s lawyers at the time, John Dowd and Jay Sekulow, the letter offers a rare glimpse into one side of the high-stakes negotiatio­ns over a presidenti­al interview.

Although it is written as a defence of the president, the letter recalls the tangled drama of early 2017 as the new administra­tion dealt with the Russia investigat­ion. It also serves as a reminder that in weighing an obstructio­n case, Mueller is reviewing actions and conversati­ons involving senior White House officials, including the president, the vice-president and the White House counsel.

The letter also lays out a series of claims that foreshadow a potential subpoena fight that could unfold in the months leading into November’s midterm elections.

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