Rudy Giuliani, President Donald Trump’s lead defense attorney for the Russia investigation, said they would challenge a potential subpoena from special counsel Robert Mueller, if he issues one in response to Trump’s refusal to testify under oath.
“We’re going to see what legal remedies are available to us, including if they subpoena us, challenge the subpoena, Giuliani said to Fox News Laura Ingraham on Wednesday evening.
The former New York City mayor claimed Mueller’s legal team could not “constitutionally” subpoena or indict Trump.
The Supreme Court has yet to rule on the whether the Constitution allows a sitting president to be indicted; however, legal experts widely agree that Trump would be immune from prosecution.
Giuliani earlier said Trump’s legal team met with the special counsel, during which Mueller’s team reportedly told them they cannot indict Trump.
Following his investigation, Mueller may submit a report and recommendations to the Justice Department, but would lack the legal precedent to issue a formal indictment.
“All they get to do is write a report,” Giuliani said. “They can’t indict. At least they acknowledged that to us after some battling, they acknowledged that to us.”
“We’re trying to get him to end this,” Giuliani continued, referring to the Russia probe, which hits its one-year mark on Thursday. “This is not good for the American people. The special counsel’s office doesn’t seem to have that sort of understanding that they’re interfering with things much bigger than them, or us.”