Nobody wants to undermine Robert Mueller, the special counsel in the Russia-U.S. election probe, but the media has been accusing President Donald Trump of committing acts that do not constitute obstruction of justice, one of his attorneys, Jay Sekulow said Monday.
"The president of the United States takes action after receiving a memorandum from his attorney general, a letter actually from his attorney general and memorandum from his deputy attorney general," Sekulow told Fox News' "Fox & Friends" program.
"In that letter, there's recommendation for the removal of James Comey. He had been thinking about that as well."
Then, Sekulow continued, Trump took their recommendations to remove Comey, and "now according to The Washington Post's theory, he's under investigation for taking the action that the Department of Justice told him to take."
But when one looks at that matter that way, "there's nothing to investigate," said Sekulow. "That's constitutional rights and protections under the president's authority as commander in chief."
Sekulow also defended Trump's use of social media, saying he does not tell him what to write or not write, after the president last week tweeted that he was under investigation for firing Comey.
"This is an individual as president of the United States, has the social media platform that reaches 107 million people instantaneously with a message," said Sekulow.
"Number two, I think when you study elections, 10 years from now, five years from now in government courses and political management courses, what the president did utilizing social media will be in the history books as the most successful utilization of social media platforms and communication in our lifetime."
With Twitter, "the president has an ability to communicate with a broad sloth of people of 107 million," said Sekulow. "Look, I'm a lawyer. I don't tell him what to write or not write. I'm his lawyer."
Trump had posted earlier in the morning that Sekulow would be appearing on the Fox program, but the tweet was later removed.
Show co-host Brian Kilmeade also pushed back on Sekulow's comment, asking him why he doesn't take action on Trump's use of Twitter.
"You're his lawyer," Kilmeade told him. "You should be telling him, every client should get legal advice when so much is on the line."
"Brian, we're friends, and I'm not going to discuss legal advice I have given to my client, the president of the United States," Sekulow responded. "But the president does utilize Twitter and social media platforms and, again, the situation on Friday that created the five anonymous sources.
"So you can imagine if the president didn't have the opportunity to respond. He shared the opportunity to respond."
Over the weekend, Sekulow declared that Trump is not under investigation, after the president condemned the investigation as a "witch hunt" through a series of tweets.
Meanwhile, Sekulow said Mueller does have a "sterling reputation in Washington D.C.," and if there are conflicts with people he's named to his staff, that will be addressed.
"Right now, I think the focus has to be on what we know has happened," Sekulow said. "What we know is that James Comey, when he testified, confirmed that he told the president on three separate occasions he was not under investigation regarding this Russian probe.
"Number two, the actions the president took regarding the removal of James Comey from office after consultation with others in a deliberative process, is what presidents do, is not based on which an obstruction case could be based constitutionally."
Sekulow noted that "Fox News Sunday" host Chris Wallace had pushed him hard on whether Trump is under investigation, "and his first question is have you been notified of an investigation, and the answer, as I said, is no."
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