Attorney Victoria Toensing is not representing President Donald Trump, but she said Wednesday if she was, she'd tell him that if he wants to answer special prosecutor Robert Mueller's questions, he'd have to "go over my dead body" to do it.
"I would say, as I have said to other clients, if you want to go down there, I'm going to go stand in the door, you will have to go over my dead body to go down there," Toensing, who had to back out of serving with her husband, Joe diGenova on Trump's legal team over conflicts, told Fox News' "Happening Now."
"I have said at that to other clients," Toensing said. "They didn't go and thanked me later. "
She further warned that if Trump answers Mueller's questions, it could be a trap that could lead to his impeachment.
"Remember Scooter Libby, my client who the president pardoned?" said Toensing. "There was not crime. Valerie Plame was not covert. They got Scooter on process."
And that "process" could be used to get Trump as well, she said.
"If the president says X, and Jim Comey says Y, Bob Mueller's people will say, 'Oh, Jim Comey told the truth and the president lied,'" said Toensing.
"This is now an article for impeachment. They can't indict him, according to the DOJ [Department of Justice] case precedent but they can take him, but they can write an article of impeachment. That is exactly what happened to Scooter Libby. Two people's memories differed. Scooter was indicted. He was not the president."
On Monday, The New York Times reported an extensive list of almost 50 questions Mueller's team reportedly wants to ask Trump, should an interview be conducted.
The person or people who leaked the question has not been revealed, but Michael Schmidt, who wrote the article, said it was written from a document Trump's legal team compiled based on talks with Mueller's team.
Toensing said the questions weren't not only devised to trap Trump, but all are "improper questions," and the president, under the legal vernacular, "is not readily available to be interviewed."
"The information has to be very material to the matter, [and] cannot be gotten from any other place or any other person" said Toensing.
That policy is because there are many people who would want to call a president to be witness in a case, she said.
"But there is even more important issues at play here and at that is, the president's — so many questions are challenging the president's authority under Article 2," she said. "The president is the chief executive. He hires and fires people. He can do so. He is not to be questioned in any place for having done so."
Trump also enjoys executive privilege concerning the deliberative process he uses for personnel matters, said Toensing.
"These [questions] blew my mind," said Toensing. "'What did you feel? What did you think when?' Bless me father, I have sinned, I had impure thoughts. I thought Catholic confessional was the only place that our thoughts are called into question, not the legal system of the United States."
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