New York Daily News

Clam-nation!

Don att’ys: He doesn’t have to talk to you, Mueller

- BY LARRY McSHANE

A POINTED 20-page letter to special counsel Robert Mueller from White House lawyers warned the President’s cooperatio­n with his Russian collusion probe won’t come easy — if at all.

The Jan. 29 missive, obtained by The New York Times, argues that President Trump’s position as commander-in-chief spares him from obstructio­n of justice charges while also making clear their belief that Trump cannot be forced to sit for questions as part of the ongoing Mueller digging.

“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,” wrote attorneys John Dowd and Jay Sekulow.

The legal argument raises the possibilit­y of a court battle over how far Trump’s executive authority extends. And the memo specifical­ly mentions Mueller’s “request for testimony on alleged obstructio­n of justice.”

Mueller has threatened to possibly subpoena the President to answer questions in the investigat­ion that has sharply divided national opinion. Trump, in a Saturday afternoon tweet, ripped the leak of the letter and attacked the entire probe.

“When will this very expensive Witch Hunt Hoax ever end?” Trump asked. “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?” The hand-delivered letter from the lawyers also took a shot at the investigat­ion by referencin­g “the astounding public revelation­s about the corruption within the FBI and Department of Justice which appears to have led to the alleged … investigat­ion.” The letter mentioned 16 specific areas of inquiry for the President, and Trump’s lawyers argued they were all addressed in the “exhibits and testimony that have already voluntaril­y provided to you by the White House and witnesses, all of which clearly show there was no collusion with Russia.”

Both men made it clear that getting Trump to cooperate remained an unlikely propositio­n.

“As you know, under our system of government, the President is not readily available to be interviewe­d. Ample academic and jurisprude­ntial material supports this important principle. Moreover, as we have indicated in our meetings, we are reminded of our duty to protect the President and his Office,” the letter declared.

“The special counsel’s inquiry has been and remains a considerab­le burden for the President and his office, has endangered the safety and security of our country, and has interfered with the President’s ability to both govern domestical­ly and conduct foreign affairs.”

 ??  ?? President Trump’s lawyers John Dowd (below left) and Jay Sekulow (below right), wrote a letter to special counsel Robert Mueller (above) saying Trump didn’t have to answer questions on the Russia probe.
President Trump’s lawyers John Dowd (below left) and Jay Sekulow (below right), wrote a letter to special counsel Robert Mueller (above) saying Trump didn’t have to answer questions on the Russia probe.
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