Donald Trump Will Refuse To Cooperate If Mueller Subpoenas Him, Giuliani Warns

[Mrs. Overall]

Source: Newsweek

Rudy Giuliani is adamant special counsel Robert Mueller will not subpoena President Donald Trump regarding his activities since he took office at the White House just under two years ago.

Mueller, a former FBI director, is currently conducting a probe into Russian meddling in the 2016 presidential election. Giuliani, who works for free as a lawyer for Trump, believes Mueller is unlikely to subpoena the President as all the questions he might have on alleged obstruction of justice stem from information he gathered from other witnesses.

"Any question he has on obstruction [...] the President has given [the answers] in interviews, tweets. Other witnesses have given it to him" Giuliani was quoted as saying by Axios.com.

"And the law definitely requires that if you're going to subpoena a president, you have to show that you can't get the information any place else."

Read more: https://www.newsweek.com/donald-trump-will-refuse-cooperate-if-mueller-subpoenas-him-giuliani-warns-1226433

[mac56]

1. Please proceed.

[empedocles]

2. No surprise coming from the WH

Many low information types will be surprised at the consequences that would likely follow that kind of WH 'posture'.

[EarthFirst]

16. The low information voter doesn't understand optics, quid pro quo or even more complicated...

strategies of gerrymandering.

In fact; many of those voters believe it was “Gods will!”

[louis c]

3. LOCK HIM UP...

...no wonder the top priority of the Trump family is prison reform.

[duforsure]

12. Sometimes he says things

He knows he won't do eventually, and this may be one of them.

[Achilleaze]

4. d'oh

pretty damn needless and stupid thing to say, Gules. No decent person ever had as much as an instant of misplaced trust with the notion that your boss, Dirty Donny* (R) would ever do anything that was honest, respectful, loyal, or honorable. d'oh.

* aka republican draft-dodger-in-chief

[Blue Owl]

5. Throw Temper Tantrump in the klink, soiled diaper and all...

n/t

[flibbitygiblets]

7. Trumper Tantrum! :-)

[flibbitygiblets]

6. "Trump would refuse to cooperate" You know, like any innocent person would

As to the obstruction, Mueller doesn't have to ask any questions. He already has the evidence to prove it--we've all seen the interview where the Dotard blurts out why he fired Comey "because of this Rusher thing". Ineloquent yet irrefutable proof, and that's just one example.

[NCjack]

8. The MAGA Criminal will refuse to cooperate because he is guilty. nt

[cstanleytech]

28. Well that stands to reason because didnt he say words to the effect that

the only ones that use the 5th amendment are those that are guilty? Thats essentially what he would be doing by refusing to testify.

[FreepFryer]

9. Have a seat, Rudy. A few questions for you about the FBI, Erik Prince and a laptop. (n/t)

[NewJeffCT]

10. Refusing the obey a subpoena

the actions of an innocent man, for sure.

[duforsure]

11. Because he believes he's above the rule of law

And he and his family are entitlement to do as they please corrupting anything they can for themselves, and without any consequences. When someone this corrupt gains power , they abuse it for themselves and their families . We've seen this in other countries may ,many times before , and it almost always ends up badly when justice catches up to them. He advocates violence, murders, and corruption over the rule of law. It will catch up to him and is family.

[LastLiberal in PalmSprings]

13. Giuliani is making up the law to suit his purposes.

While it is generally accepted (but not codified) that a sitting president can't be indicted, there's no law that a president can't be subpoenaed.

-----

Bill Clinton ... lost his attempt to avoid a civil complaint while in office. In Clinton v. Jones, the U.S. Supreme Court rejected Clinton’s argument that participating in the suit would distract him from his official duties. As Justice John Paul Stevens explained:

It is … settled that the President is subject to judicial process in appropriate circumstances. Although Thomas Jefferson apparently thought otherwise, Chief Justice Marshall, when presiding in the treason trial of Aaron Burr, ruled that a subpoena duces tecum could be directed to the President. We unequivocally and emphatically endorsed Marshall’s position when we held that President Nixon was obligated to comply with a subpoena commanding him to produce certain tape recordings of his conversations with his aides. . . .

Sitting Presidents have responded to court orders to provide testimony and other information with sufficient frequency that such interactions between the Judicial and Executive Branches can scarcely be thought a novelty. President Monroe responded to written interrogatories, President Nixon—as noted above—produced tapes in response to a subpoena duces tecum, President Ford complied with an order to give a deposition in a criminal trial, and President Clinton has twice given videotaped testimony in criminal proceedings. Moreover, sitting Presidents have also voluntarily complied with judicial requests for testimony. President Grant gave a lengthy deposition in a criminal case under such circumstances, and President Carter similarly gave videotaped testimony for use at a criminal trial.

The bottom line is that nothing in the Constitution directly suggests that the president can’t be forced to comply with a subpoena. However, as with an indictment, courts may still view a criminal subpoena as impermissibly interfering with the functioning of the executive branch and tarnishing the dignity of the Office of the President, particularly if it requires him to provide oral testimony.

https://observer.com/2018/08/can-donald-trump-be-subpoenaed

[Perseus]

21. "courts may still view a criminal subpoena as impermissibly interfering with the functioning"...

To me, this should be the most indefensible argument for indicting a sitting president.

It the guy is a crook, which is what the current situation shows, what is it that you are interrupting? Theft? Corruption? Treason?

It doesn't make any sense that because the person has a title of "president", one which he misrepresents on a daily basis, that a crook should be protected in any way.

The person is a danger to the safety of the country and the world, why wouldn't you want to get rid of that person? To have special provisions for a president doesn't make sense, a crook is a crook anywhere he or she sits. Shit is shit, no matter how much perfume you throw on it, and trump is crap, no matter how many times he poops in a golden toilet.

[LastLiberal in PalmSprings]

37. Interfering with the functioning of the president implies he actually does something.

Monday Trump's entire schedule was this:

10 am Greet White House Christmas tree

12 pm Lunch with Vice President

The rest was probably spent doing "Executive Time," i.e., watching Fox News.

He doesn't want to sit down with Mueller because he's a lying coward.

[Historic NY]

27. Yes he can...

[EricMaundry]

14. Giuliani is a circus clown

[RockRaven]

15. He can try that, but it only illustrates his consciousness of guilt AND deprives his defenders --

who, by the way, are defending him in political/PR arenas not courts -- of a critical argument, namely that he's doing everything he can to be helpful but Mueller is the unreasonable one, never satisfied and dragging this out.

[getagrip_already]

17. rudy is almost more of an idiot than trump.......

Correct me if I'm wrong here, but by the time a subpoena is issued, a judge will have heard all of the arguments and ruled it was legitimate under the law. In this case, it is likely it will go to scotus before being allowed.

So no matter what "the law requires", it will have been addressed already.

There is no argument about the law at that point. All questions have been resolved. All accommodations will have been reviewed.

And he is saying trump will ignore a lawful order.

[PJMcK]

23. Giuliani jumped the shark

It's probably related to the reasons of his divorce from Judy.

When Giuliani was a prosecutor and then mayor, he was an ass but it all made sense. Today, he's just a fool willingly destroying his own legacy for Trump. I'd be embarrassed if he were the public face of my legal team.

Trump has no respect for the rule of law, the Constitution, the people of the United States or those of the world. Giuliani is in the same league.

I hated Giuliani when he was mayor. If he ends up on an ash heap or in jail, I will be very happy that karma has asserted itself.

[Progressive Jones]

41. Trump isn't taking this seriously, and that will bite him hard.

A legal expert said in an article that Trump thinks he's dealing with an Assistant DA on a real estate problem in Manhattan.
He's in for some big surprises.

[PJMcK]

42. But Giuliani should know better

If he can't give Trump some straight talk about what they're facing, why is he exposing himself to so many problems?

It's baffling to me. Trump is an idiot but Giuliani used to have a brain, (sort of).

[former9thward]

31. No that is wrong.

A judge would approve a subpoena but if there is an active investigation or trial these are rubber stamped in most cases. If Trump resisted the subpoena for his testimony it would then go to court for a trial to see if the subpoena was valid. That decision would go to the Court of Appeals and that decision would be appealed to the SC. The SC would not have to take the appeal. If they did it would be argued and they would make a decision. This whole process would take about a year. Because of that Mueller is unlikely to go this route.

Do not confuse a subpoena with a search warrant. A search warrant has a far higher standard to be initially approved.

[INdemo]

18. The Republican "Red Wall" is extremly cracked and

about to break....
Mueller is tearing down that wall.

[Roland99]

19. Reminder: Hillary. Under Oath. 11 Hours. Televised.

[ffr]

35. HRC stamina. tRump would be a warm pool of Jello after the first hour.

Sobbing and in contempt of court.

[Saviolo]

20. This line stuck out:

"Any question he has on obstruction [...] the President has given [the answers] in interviews, tweets. Other witnesses have given it to him" Giuliani was quoted as saying by Axios.com.

Because of course Twitter and interviews are all held under oath, right? You have to swear on a religious text every time you want to make a tweet.

[SCVDem]

22. Truth, justice and the American way!

Remember when those were the proud principles of our country?

Now it's duck, dodge and deflect. Accept no responsibility if it can be obstructed.

We have NOTHING to be proud of any longer!

[Hulk]

24. Not a surprise at all.

He simply won’t comply. What are they going to do....? Nada.

[Progressive Jones]

40. As I've said many times, Trump will do what Mueller directs him to do

if Trump knows what's good for him. He can't run. He'll be chased down.

[C_U_L8R]

25. A tweet is not testimony, jackass

Who gave this clown a license to practice law... what a disgrace.

[dweller]

32. well, he IS working "for free"

so his advice is worth about as much

[BumRushDaShow]

26. Somebody on DU must have said his name 3 times again.

[Docreed2003]

29. Oh Trump sure gave some answers in interviews...didn't he Rudy!

Like when he told Lester Holt he fired Comey over "the Russia thing"

[Adrahil]

30. Ghouliani is going to regret that....

If his position is that the President's motivations can be gleaned from interviews, Trump is FUCKED.

[JDC]

33. Says the guy who was wrapping this up in 2 weeks.

[ffr]

34. lol

[WhiteTara]

36. That's where the Marshalls come in and take him away.

[Just a Weirdo]

38. Then Donald Duck Trump has to go to prison

Probably for life. He can be pals with Black Bubba down in Texarkana, TX, sniffing the goddamn pollution from the nearby paper mill for the rest of his life

[Progressive Jones]

39. Mueller, I'm sure, will do what he damned well pleases. Trump will

cooperate, if he knows what's good for him.

[politicaljunkie41910]

43. And what if you're wrong Giuliani? There's only 'everything' riding on your being right that Mueller

won't call your bluff. I'm willing to bet my money on Mueller and his team over Team Trump/Giuliani. First of all, Trump don't know shit from shinola. And second, Giuliani's (as Trump's lead counsel) best days are behind him. Everyone has been saying that Mueller has assembled a competent, well organized fighting machine; whose kept their heads low and their mouth's closed. And then there's Trump/Giuliani......