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Mueller is wrapping it up - "I can't subpoena Trump"
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<blockquote data-quote="Babagounj" data-source="post: 3520843" data-attributes="member: 12952"><p>Another interesting view on Mueller vs Trump.</p><p></p><p><a href="https://www.weeklystandard.com/theodore-b-olson/mueller-v-trump" target="_blank">Mueller v. Trump</a></p><p></p><p>One might imagine based on news reports that Mueller has made or will make a formal request for face-to-face testimony by the president. If so, the president’s lawyers might conceivably advise Trump not to agree to anything like that unless accompanied by a specific commitment from Mueller that the interview would be short, limited, intended simply to wrap up loose ends, part of the process necessary to conclude his investigation, and not intended to be used as a basis for gathering incriminating evidence. Mueller, presumably, would not be inclined to make any such commitments. He may, at that point, proceed with a grand jury subpoena.</p><p></p><p>Acting on the advice of his lawyers, the president could refuse to comply with the subpoena. Mueller could then go to the court seeking an order compelling compliance with the subpoena accompanied by a threat that the president would be held to be in contempt of court if he continued to refuse.</p><p></p><p>At this point, the judge would probably require Mueller to show precisely what he wants from the president, why he needs it, why he cannot get the evidence elsewhere, and the importance of that evidence to a specific prosecution. Mueller would have to be highly specific and show that his need for the president’s testimony as a witness—not for the purpose of discovery—was necessary to prosecute specific criminal acts. If the court was convinced by the Mueller showing, it could order the president to comply. And that decision could be appealed by the president to the Supreme Court.</p><p></p><p>If the Supreme Court affirmed an order compelling the president’s testimony, President Trump and his lawyers could then decide whether to cooperate, compromise in some fashion, submit to the grand jury, refuse to testify based on his Fifth Amendment rights, or simply refuse and prepare for an impeachment battle.</p><p></p><p>The importance of all this to the president is that it is unlikely that he can be forced to give grand jury testimony simply to satisfy Mueller’s curiosity and submit to a potential perjury trap. He could, in short, put Mueller to his proof—make Mueller show that the president’s testimony was necessary to prosecute someone else. And that such evidence could not be obtained elsewhere. That is a high bar, indeed, and one that at this point Mueller has not shown he would be able to surmount.</p></blockquote><p></p>
[QUOTE="Babagounj, post: 3520843, member: 12952"] Another interesting view on Mueller vs Trump. [URL="https://www.weeklystandard.com/theodore-b-olson/mueller-v-trump"]Mueller v. Trump[/URL] One might imagine based on news reports that Mueller has made or will make a formal request for face-to-face testimony by the president. If so, the president’s lawyers might conceivably advise Trump not to agree to anything like that unless accompanied by a specific commitment from Mueller that the interview would be short, limited, intended simply to wrap up loose ends, part of the process necessary to conclude his investigation, and not intended to be used as a basis for gathering incriminating evidence. Mueller, presumably, would not be inclined to make any such commitments. He may, at that point, proceed with a grand jury subpoena. Acting on the advice of his lawyers, the president could refuse to comply with the subpoena. Mueller could then go to the court seeking an order compelling compliance with the subpoena accompanied by a threat that the president would be held to be in contempt of court if he continued to refuse. At this point, the judge would probably require Mueller to show precisely what he wants from the president, why he needs it, why he cannot get the evidence elsewhere, and the importance of that evidence to a specific prosecution. Mueller would have to be highly specific and show that his need for the president’s testimony as a witness—not for the purpose of discovery—was necessary to prosecute specific criminal acts. If the court was convinced by the Mueller showing, it could order the president to comply. And that decision could be appealed by the president to the Supreme Court. If the Supreme Court affirmed an order compelling the president’s testimony, President Trump and his lawyers could then decide whether to cooperate, compromise in some fashion, submit to the grand jury, refuse to testify based on his Fifth Amendment rights, or simply refuse and prepare for an impeachment battle. The importance of all this to the president is that it is unlikely that he can be forced to give grand jury testimony simply to satisfy Mueller’s curiosity and submit to a potential perjury trap. He could, in short, put Mueller to his proof—make Mueller show that the president’s testimony was necessary to prosecute someone else. And that such evidence could not be obtained elsewhere. That is a high bar, indeed, and one that at this point Mueller has not shown he would be able to surmount. [/QUOTE]
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