Tags: Andy McCarthy | President Donald Trump | special counsel Robert Mueller | Russia probe

Andy McCarthy: Donald Trump Should Refuse Mueller Interview

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By    |   Saturday, 27 January 2018 03:45 PM

President Donald Trump should not agree to an interview by special counsel Robert Mueller nor should he be asked to go through one, as there are two different Trumps to take under consideration, Andrew McCarthy, a contributing editor for The National Review, said in an opinion piece Saturday.

"There is the very eccentric and volatile man who is the subject of Mueller's amorphous investigation. And there is the president of the United States, who has responsibilities to that vital public office," writes McCarthy. "Here, the interests of both happen to align."

Trump, as the man, is the person who recently told lawmakers he would sign any legislation they'd bring him on the Deferred Action for Childhood Arrivals, but a few days later, when the legislation was brought to him, he refused it.

McCarthy said he believes Trump did that because he was trying to refute the depiction of himself in Michael Wolff's "Fire and Fury" expose.

And then, said McCarthy, there was the story that Trump ordered White House counsel Don McGahn to fire Mueller, but dropped that idea when McGahn threatened to resign.

McCarthy said he has no reason to doubt the report in The New York Times, written by veteran reporters Michael S. Schmidt and Maggie Haberman, who quoted four anonymous, but likely well-placed sources.

Trump, though, has not fired Mueller, as he likely realized the repercussions would not equal the satisfaction of removing the former FBI director from the investigation, said McCarthy.

And instead of explaining himself when asked about The Times' story, Trump blamed it on "fake news," rather than saying he would have had reason to consider firing Mueller, and it would have been legal to do so.

Trump's "impulse is to deny now and clean it up later," said McCarthy, and for Trump's lawyer, the response would be "no way I let this guy testify."

In a courtroom or an interview with the FBI, however, a denial or "a bumbling misstatement" could be grounds for indictment.

Trump, who is "litigious and cocky" has a great deal of experience in court, McCarthy continued, and may feel confident he can handle an interview, but "he has not been sweated before like he would be in a special-counsel interview."

Mueller's prosecutors are professional and won't be "cowed or charmed," and Trump will not be able to control their questioning, he added.

McCarthy also said a president should never be subject to criminal investigation or to provide testimony, unless there is solid case to be presented.

"The awesome responsibilities of the presidency are more significant to the nation than the outcome of any particular criminal case," said McCarthy.

However, if there is reasonable cause to believe the president is involved in a criminal offense, then he should be questioned.

"It is not criminal obstruction for a president to weigh in on whether a subordinate (such as Michael Flynn) should be investigated, or to fire a subordinate — including a subordinate (such as James Comey, or theoretically Mueller himself) who is involved in conducting an investigation," said McCarthy.

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President Donald Trump should not agree to an interview by special counsel Robert Mueller nor should he be asked to go through one, as there are two different Trumps to take under consideration, Andrew McCarthy, a contributing editor for The National Review, said in an opinion piece Saturday.
Andy McCarthy, President Donald Trump, special counsel Robert Mueller, Russia probe
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2018-45-27
Saturday, 27 January 2018 03:45 PM
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