An attorney for President Trump said Monday it would be “very inappropriate” for the president’s “confidential” responses to special counsel Robert Mueller to be released.
“Well, that would not be a position that I would want, to just make a statement where we would release confidential communications that took place between the president of the United States and the Department of Justice or the special counsel’s office,” Jay Sekulow told CNN’s “New Day.”
“As a lawyer, you don’t waive privileges and you don’t waive investigative detail absent either a court order or an agreement between the parties,” he continued. “It’s not a simple just waive your hand and we release the document. That would be very inappropriate.”
Sekulow said it’s ultimately a decision Attorney General William Barr will have to make.
Barr indicated Sunday in a four-page letter to Congress that he will release as much of Mueller’s report on the investigation into Russian interference in 2016 election that is allowed under Justice Department guidelines. Guidelines prohibit releasing negative information on people who have not been indicted.
Mueller determined in his nearly two-year investigation the Trump campaign did not conspire with the Russians to win the election. He did not provide a conclusion about whether Trump obstructed justice, though Barr said he and Deputy Attorney General Rod Rosenstein determined there was insufficient evidence to bolster an obstruction charge.
The president could try and assert executive privilege to prevent the Justice Department from releasing evidence in Mueller’s inquiry.
[Related: 2020 Democrats unsatisfied with Barr’s letter: Release Mueller’s ‘damn’ report]
