President Trump’s legal team sent special counsel Robert Mueller a 20-page letter in January arguing the president could not have obstructed throughout any part of the Russia probe because he has the authority to “terminate the inquiry or even exercise his power to pardon if he so desired.”
The confidential letter, obtained by the New York Times, sheds light on the efforts of the president’s lawyers to prevent Mueller from compelling Trump to answer questions about whether he obstructed justice.
“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 so desired,” John Dowd and Jay Sekulow, two of Trump’s lawyers, wrote in their Jan. 29 memo to Mueller.
Dowd resigned from Trump’s legal team in March.
The letter was hand-delivered to the special counsel’s office and served as a response to Mueller’s request for Trump to answer questions about allegations he obstructed justice, the New York Times reported.
The president’s legal team has been negotiating with Mueller and his team on the terms of a potential interview with Trump. Though the president has expressed a willingness to speak to the special counsel — and has asserted repeatedly he did not commit any wrongdoing —Trump’s lawyers worry that he could face accusations of lying to federal investigators and risk facing impeachable offenses, the New York Times reported.
There has been a question as to whether the president would be compelled to testify if Mueller were to serve him with a grand jury subpoena, a question that could be the subject of a court battle if such a request were to be made.
Mueller reportedly raised the possibility of subpoenaing Trump in March, and Rudy Giuliani, one of the president’s lawyers, said the White House is preparing for the possibility one is served.
The 20-page memo from Sekulow and Dowd lays out more than a dozen topics the special counsel’s office said it wishes to discuss with Trump in order to complete Mueller’s probe.
Among the topics listed are Trump’s meeting with former FBI Director James Comey on Feb. 14, 2017, his “reaction” to Attorney General Jeff Sessions’ decision to recuse himself from the Russia probe, and the firings of former national security adviser Michael Flynn and Comey.
During the Feb. 14 meeting with Comey, the president asked the then-FBI director to drop the bureau’s investigation into Flynn, according to memos Comey drafted that memorialized his conversations with Trump.
But Sekulow and Dowd said the president could not have intended to obstruct the FBI’s investigation into Flynn, as he was unaware Flynn was under investigation at the time of his discussion with Comey.
“There could not possibly have been intent to obstruct an ‘investigation’ that had been neither confirmed nor denied to White House counsel,” they wrote to Mueller, according to the New York Times.
The president’s lawyers said in their memo to Mueller that the “answers to all your inquiries are contained in the exhibits and testimony” that was already turned over by the White House.
“We are reminded of our duty to protect the president and his office,” Trump’s lawyers wrote.
The memo obtained by the New York Times goes on to remind Mueller that Trump, as well as White House officials, have cooperated extensively with the special counsel’s office.
“We cannot emphasize enough that regardless of the fact that the executive privilege clearly applies to his senior staff, in the interest of complete transparency, the president has allowed—in fact, has directed—the voluntary production of clearly protected documents,” Trump’s lawyers wrote. “This is because the president’s desire for transparency exceeded the policy purposes for the privilege under the circumstances.”
Sekulow and Dowd raised concerns about the impact a possible grand jury subpoena could have on the future of the presidential office, the New York Times reported.
“More is at stake here than just this inquiry, more even than just the presidency of Donald J. Trump,” they wrote. “This inquiry, and the precedents set herein, will also impact the Office of the President of the United States in perpetuity. Ensuring that the office remains sacred and above the fray of shifting political winds and gamesmanship is of critical importance.”
The duo asserted the president did not violate obstruction-of-justice statutes, but rather acted within the authority granted to him under Article II of the Constitution.
Sekulow and Dowd also told Mueller in their memo that the president should not be “hampered” by interview requests from the special counsel, the New York Times reported.
“Having him testify demeans the Office of the President before the world. The imposition on the time and attention of the president caused by this inquiry has already inflicted unwarranted damage on the president and his Office,” they wrote. “This imposition is one reason why the president directed the most extensive and transparent cooperation with the numerous requests of the special counsel. The time and attention that would be required to prepare for an interview is significant and would represent a continued imposition that would directly impact the nation.”
Prior to the publication of the Times’ article, the president dismissed with a tweet the Russia probe as a “very expensive witch hunt hoax.” The president also suggested the Justice Department leaked the memo to the press.
“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?” Trump tweeted.
