Baltimore Sun

Trump tweets: Stop Mueller

President calls on Sessions to end the special counsel’s probe

- By Chris Megerian, Noah Bierman and Liza Fawcett

WASHINGTON — President Donald Trump called on Attorney General Jeff Sessions on Wednesday to “stop this Rigged Witch Hunt right now,” opening the president to further complaints that he is trying to obstruct the investigat­ion into Russia’s election interferen­ce and his campaign’s possible complicity.

Trump is already reportedly under investigat­ion for potential obstructio­n of the Russia probe led by special counsel Robert Mueller. His tweet early Wednesday was the president’s most explicit statement to date seemingly aimed at getting his attorney general, the nation’s top law enforcemen­t officer, to end the probe.

The tweet, along with several others Wednesday morning, reflected the president’s accelerate­d attacks on the i nvestigati­on, which he says is tainted by bias. They coincided with the second day of the trial on Tuesday of Paul Manafort, Trump’s former campaign chairman, on 18 charges of tax evasion, bank fraud and conspiracy.

“This is a terrible situation and Attorney General Jeff Sessions should stop this Rigged Witch Hunt right now, before it continues to stain our country any further. Bob Mueller is totally conflicted, and his 17 Angry Democrats that are doing his dirty work are a disgrace to USA!” Trump wrote.

The president suggested in a tweet that Manafort was being treated worse than Al Capone, the notorious Prohibitio­n-era Chicago gangster who was also prosecuted for tax evasion. “Where is the Russian Collusion?” Trump added.

Trump’s tweets prompted Rep. Adam Schiff of California, the top Democrat on the House Intelligen­ce Committee, to accuse the president of obstructio­n “hiding

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in plain sight.”

“The President of the United States just called on his Attorney General to put an end to an investigat­ion in which the President, his family and campaign may be implicated,” Schiff tweeted.

“This is an attempt to obstruct justice hiding in plain sight. America must never accept it.”

Under Justice Department regulation­s, a president cannot face criminal charges while in office. But depending on what Mueller uncovers, including on obstructio­n, Congress could decide to pursue impeachmen­t. President Bill Clinton was impeached by the U.S. House for perjury and obstructio­n in 1998, a time when Congress likewise was under Republican control, though the Senate voted for acquittal in 1999.

Contrary to Trump’s tweet, Sessions doesn’t have power to stop the investigat­ion because he recused himself from the Russia investigat­ion more than a year ago. Deputy Attorney General Rod Rosenstein became responsibl­e for the probe, appointed Mueller and supervises his work.

“It’s a tweet that’s just blowing in the wind, because Sessions has already recused himself from the Russia investigat­ion,” said John Yoo, a University of California, Berkeley law professor who served in President George W. Bush’s administra­tion.

Even so, the episode once again forced the White House and Trump’s allies to defend a presidenti­al tweet aimed at underminin­g the investigat­ion.

Although the White House and the Justice Department have said that Trump’s tweets are official presidenti­al statements, his lawyer, Rudy Giuliani, responded to the latest one as he has before, by brushing off suggestion­s that Trump’s tweets could be used as evidence of obstructio­n.

“The president was expressing his opinion on his favored medium for asserting his First Amendment right of free speech,” Giuliani said in an interview. “He said ‘should,’ not ‘must,’ and no presidenti­al order was issued or will be.” He said he spoke with Trump to make sure that the president wasn’t actually issuing an order. “I talked to him about it to make sure he was on the same page as we are,” Giuliani said, and the president indicated he was not ordering Sessions to act.

Meanwhile, Mueller indicated this week that he is willing to reduce the number of questions his investigat­ors would pose to Trump in an interview, renewing negotiatio­ns with Trump’s lawyers about a presidenti­al sit-down, according to two people briefed on the negotiatio­ns.

For months, Mueller has been seeking to question the president as part of his investigat­ion into Russia interferen­ce in the 2016 campaign, which is also examining whether Trump has sought to block that probe.

In a letter sent Monday, Mueller’s team suggested that investigat­ors would reduce by nearly half the number of questions they would ask about potential obstructio­n, the two people said. It’s unclear which topic or topics would be left out.

Jay Sekulow, one of Trump’s attorneys, declined to comment on the new proposal and whether the Trump team might accept the offer. “There continue to be ongoing discussusi­ons,” Sekulow said. “Nothing’s decided.”

Giuliani told reporters in New Hampshire on Wednesday that Trump remains willing to be interviewe­d if the lawyers can agree on ground rules.

Giuliani told CBS’ “Face the Nation” on Sunday that all of Trump’s tweets “don’t amount to anything.” He added, “Obstructio­n by tweet is not something I think works real well. Generally obstructio­n is secret, it’s clandestin­e, it’s corrupt.”

In his latest tweets, Trump also quoted criticism of the investigat­ion from Alan Dershowitz, a Harvard Law School professor who frequently defends him on television. In an interview, Dershowitz also cast doubt on whether Trump’s tweets can be seen as an act of obstructio­n.

“You cannot obstruct justice by openly exercising your First Amendment rights and openly criticizin­g a prosecutio­n, whether you’re right or wrong,” he said.

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