White House counsel Don McGahn's testimony to special counsel Robert Mueller's investigators is not protected under attorney-client privilege, but President Donald Trump "has nothing to fear" from counsel's cooperation, according to legal expert Alan Dershowitz.
"The president's position is he did nothing wrong, and if he did nothing wrong, he has nothing to fear from his White House counsel having a full sit down with the special counsel," Dershowitz told Fox News' "Fox & Friends" on Sunday.
In lieu of testifying to Mueller and his team, President Trump has authorized McGahn to fully cooperate to keep the president himself out of a "perjury trap," according to Dershowitz.
"Also, it doesn't risk anything for the president, because the president can't be charged with anything based on what the counsel says," Dershowitz said. "[Trump] can't be charged with lying to a federal official, or perjury."
President Trump's authorization of full cooperation was done when it was the White House's goal to conclude the Mueller investigation as quickly as possible.
"That didn't work," Dershowitz said. "The investigation continues – it looks like its never ending. There's still negotiation about whether the president should testify.
"I think the bottom line is it is less bad for the president to have his counsel testify than to have him speak to special counsel. Because if he speaks to the special counsel and says anything that's contradicted by another witness, he's essentially walked into a perjury trap even if he did nothing wrong."
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