By now everybody, including special counsel Robert Mueller, knows with near 100 percent certainty that President Donald Trump never colluded with Russian operatives to affect the outcome of the 2016 presidential election.
Desperate to secure any legal victory, Mueller has therefore recentered his investigation on proving that the president somehow obstructed justice when he fired former disgraced FBI Director James Comey last year, the lack of any convincing evidence notwithstanding.
But as noted in a memo reportedly handed to Mueller by the president’s legal team in January, that ain’t happening!
Leaked to The New York Times this Saturday, the memo outlined in clear terms why an obstruction of charge cannot be leveled against Trump.
“It remains our position that 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,” the letter dated Jan. 29 reads.
Renowned constitutional scholar Alan Dershowitz has noted this same point on several occasions.
“You cannot charge a president with obstruction of justice for exercising his constitutional power to fire Comey and his constitutional authority to tell the Justice Department who to investigate, who not to investigate,” he said late last year during an appearance on “Fox & Friends.”
What’s Mueller to do then? The president’s legal team suspects he wants to force Trump into an interview so as to ensnare him in a perjury trap. It would take the president accidentally contradicting himself just one time for the special counsel to prosecute him.
Speaking Saturday with ABC News, however, Trump’s attorney Rudy Giuliani made it clear that under no circumstances will he allow an interview before Trump and Mueller to occur, including even if the special counsel tries to subpoena the president.
“If Mueller tries to subpoena us, we’re going to court,” the former New York City mayor pithily stated.
The president meanwhile took to Twitter this Saturday afternoon to blast Mueller’s office for leaking his legal team’s memo to the media:
There was No Collusion with Russia (except by the Democrats). When will this very expensive Witch Hunt Hoax ever end? 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?
— Donald J. Trump (@realDonaldTrump) June 2, 2018
Given the endless leaks from Mueller’s office, perhaps someone in the Justice Department needs to assign a second special to investigate his corruption, not to mention the endless corruption of the Democrat Party.
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