1994 case may be relevant to Russia inquiry
Trump’s legal team is in early talks with federal investigators about a possible interview.
WASHINGTON – President Trump’s lawyers closely examined a 24-year-old investigation of Agriculture Secretary Mike Espy as they negotiate the terms of the president’s possible interview with Russia special counsel Robert Mueller’s team and related requests for White House documents, three officials familiar with the matter said.
Trump’s legal team is in early talks with federal investigators about a possible interview with the president related to the wide-ranging investigation into alleged Russian interference in the 2016 presidential election and possible collusion with Trump associates. Mueller’s team is investigating whether the president tried to obstruct justice in the Russia inquiry.
As the Trump legal team negotiates the scope of the possible interview, the contentious independent counsel investigation of Espy in 1994 has become a roadmap for their discussions, according to the officials, who were not autho- rized to speak on the record about preliminary talks with the special counsel’s office.
The high-profile Espy case featured a protracted battle over White House documents and was a legal test over how far presidential privilege could extend when potential crimes are at stake. And it could have implications for some of the most sensitive aspects of Mueller’s inquiry, including the examination into possible obstruction of justice related to the dismissal of FBI Director James Comey and national security adviser Michael Flynn.
In the Espy case, an appellate court concluded that the Clinton White House’s claim of presidential privilege — the central argument for withholding dozens of documents prosecutors requested — was sound.
The court ruled that the White House’s request to keep some documents private not only applied to direct communication involving the president — but extended to his advisers as they gathered information to inform the commander in chief about the potential legal jeopardy facing his Agriculture secretary.
Espy was eventually acquitted of corruption charges related to his acceptance of travel and other gifts, and the court ruling helped provide political and legal cover for the Clinton administration.
Trump declined to commit to a meeting with Mueller, saying Wednesday that his testimony wasn’t necessary for an investigation he characterized as a “Democrat hoax.”
“Certainly, I’ll see what happens,” Trump said after a meeting with Norway’s prime minister. “When ... nobody’s found any collusion at any level, it seems unlikely that you’d even have an interview.”
In June, Trump said he would provide sworn testimony if asked.
Two of the officials said the “Espy standard” should apply not just to document demands but to any other evidence prosecutors seek from the president, including testimony.
The Trump White House originally said it dismissed Comey in May on the recommendation of Justice Department leadership, because of his controversial handling of the investigation into Hillary Clinton’s use of a private email server when she was secretary of State.
Days later, Trump said in a television interview that the Russia investigation was on his mind when he fired Comey — and that he would have made the decision regardless of Justice’s recommendations.