A former U.S. attorney says we are headed for a “constitutional crisis” if the leak about special counsel Robert Mueller possibly issuing a subpoena to the President is accurate. It is even worse if the leaked questions are factual.
Last night, we reported that Robert Mueller has allegedly discussed issuing a subpoena to President Trump. The goal is to force the President to answer his questions if he refuses.
If the leak about the 44 questions is also true, they are open-ended and meant to ensnare President Trump in a perjury trap. Many are Orwellian questions focused on ‘intent’, ‘motive’ the President’s ‘thoughts’. The Mueller team wants to know what he thought at the time. As an example, they aren’t asking why did you fire Comey, Mr. President. Instead, they want to know what was he thinking when he did it.
This is unAmerican and unconstitutional. It’s hard to fathom how Mueller would have the nerve to ask these Brian Stelter-type questions. He is not a tabloid talking head, but rather, a special counsel questioning a sitting President.
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Additionally, people should know that in a canned set-up interview with Rod Rosenstein and a Washington University law professor Tuesday, Rosenstein made it clear that he believes Congress has no oversight authority over the DoJ and FBI except what those department officials are willing to give.
That should greatly alarm people. We can’t have law enforcement acting as rogue governments answering only to themselves.
Last night, top attorneys Joe diGenova and Sol Wisenberg and both agree if this subpoena is pushed by Mueller, we are heading for a constitutional crisis.
These Mueller questions and the potential subpoena raise issues of executive privilege and the separation of powers.
It is important to note that Attorney Sol Wisenberg doesn’t think Bob Mueller has the power under his appointment to contest executive privilege in court. In other words, if that is true, the President could “bottle this up” in court on the grounds of executive privilege.
Former U.S. Attorney Joe diGenova said that the notion a special counsel can question a sitting President’s thoughts on firing an employee the President has every right to fire will lead to a “constitutional crisis”.
Watch:
President Trump posted these tweets Tuesday:
It would seem very hard to obstruct justice for a crime that never happened! Witch Hunt!
— Donald J. Trump (@realDonaldTrump) May 1, 2018
So disgraceful that the questions concerning the Russian Witch Hunt were “leaked” to the media. No questions on Collusion. Oh, I see…you have a made up, phony crime, Collusion, that never existed, and an investigation begun with illegally leaked classified information. Nice!
— Donald J. Trump (@realDonaldTrump) May 1, 2018
