Orlando Sentinel

Giuliani: President wouldn’t have to obey a subpoena

- By Laura King

WASHINGTON — President Donald Trump’s attorney, Rudy Giuliani, who has already roiled the White House’s legal tussle with adult-film actress Stormy Daniels, asserted Sunday that the president would not have to respond to a subpoena in the special counsel’s wide-ranging Russia investigat­ion.

Giuliani, who joined the president’s legal team two weeks ago, also said that if Trump does agree to be questioned, he might invoke his Fifth Amendment right to guard against self-incriminat­ion by refusing to respond to some questions.

Giuliani, on ABC’s “This Week,” said Trump was under no obligation to obey a subpoena. “We don’t have to comply” with one, he said.

“He’s the president of the United States,” Giuliani said. “We can assert the same privilege that other presidents have.”

He was referring to President Bill Clinton’s choice to resist a subpoena in connection with the Monica Lewinsky investigat­ion, though Clinton ultimately agreed to submit to questionin­g.

Giuliani, having emerged as a key catalyst in the separate Stormy Daniels case with his unexpected disclosure­s and changing stories about the president’s involvemen­t in a pre-election hush-money payout to the porn actress, was somewhat more circumspec­t in addressing the investigat­ion of Russia’s election interferen­ce and possible Trump campaign complicity.

Questions over whether special counsel Robert Mueller might seek to compel Trump to testify before a grand jury intensifie­d last week after The Washington Post reported that Mueller had broached the possibilit­y this spring, in talks with the president’s lawyers about whether Trump would agree to an interview with investigat­ors.

A subpoena confrontat­ion could substantia­lly raise the constituti­onal stakes related to Trump’s dealings with — and his possible attempts at obstructio­n of — the Russia investigat­ion, which the president has repeatedly termed a “witch hunt.”

Trump reiterated last week he would “love to” sit and answer Mueller’s questions. But he said he would do so only if he were convinced that investigat­ors were treating him fairly.

Giuliani said he would strongly advise against such an in-person encounter, however.

“I’m going to walk him into a prosecutio­n for perjury like Martha Stewart?” he asked rhetorical­ly, alluding to the 2004 conviction of the entreprene­ur on charges of obstructio­n and lying to investigat­ors in connection with an insider-trading case.

The challenges faced by Trump in connection with the Russia investigat­ion are being steadily amplified by the separate-but-parallel Stormy Daniels case. Trump’s former legal fixer, Michael Cohen, faces a criminal investigat­ion after having acknowledg­ed making a $130,000 payment to her shortly before the 2016 election that was intended to buy her silence about an alleged sexual encounter with Trump more than a decade ago.

Giuliani and Trump each have offered inconsiste­nt and contradict­ory explanatio­ns about when and whether the president was aware of the payment and the underlying motives for the agreement with Daniels, whose real name is Stephanie Clifford.

Giuliani offered yet another glimpse into the netherworl­d of what the president’s surrogates have characteri­zed as nuisance claims against Trump. In the ABC interview, Giuliani casually acknowledg­ed that Cohen could have made payoffs to other women under circumstan­ces similar to those surroundin­g Daniels’ allegation­s.

“I have no knowledge of that,” said Giuliani. “But I would think if it was necessary, yes.”

Seeking to explain why the president would authorize Cohen to make payments at his own discretion, without Trump’s knowledge, Giuliani suggested that sums such as the amount paid to Daniels were inconseque­ntial to Trump as a way of brushing false accusation­s aside.

“I know this sounds funny to people there at home — I never thought $130,000 was a real payment,” he told ABC. “People don’t go away for $130,000 with a meritoriou­s claim.”

Appearing on the same program, Daniels’ attorney, Michael Avenatti, said he was flabbergas­ted by Giuliani’s freewheeli­ng round of television appearance­s on Trump’s behalf, including the one Sunday just before his own, in which Giuliani said he did not know when Trump became aware of the Daniels payment. Last week, Giuliani, supported by Trump, said the president had reimbursed Cohen. The president subsequent­ly said Giuliani did not have the facts straight, but Trump did not specify what was wrong with Giuliani’s account or what the truth is.

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