Dershowitz: Why Trump's Legal Team Is Right to Tell Him Not to Interview

Posted: Aug 09, 2018 12:00 PM

President Trump's counsel has informed Special Counsel Robert Mueller they will not be granting his request for an interview with the president as part of his investigation into Russia’s interference in the 2016 election. Although Trump has boldly expressed his willingness to testify, his lawyers have reason for resisting a potential meeting.

"Frankly it is the position of the legal team, and it's been pretty clear on this, is that there's not a constitutional basis to move an interview forward," said Trump attorney Jay Sekulow, who cited the "corruption" that led to the investigation.

Sekulow added that the probe is unconstitutional, because it questioned the president's ability to fire former FBI Director James Comey. It is "inappropriate" to pursue these kinds of criminal charges, the attorney said.

Former New York City Mayor Rudy Giuliani, who joined Trump's legal team in April, concurred that the Mueller probe was not without issues. He demanded an end to the investigation.

"Millions of pages of documents along with testimony from dozens of witnesses have been provided,” he said. “We're re-stating what we have been saying for months: it is time for the Office of Special Counsel to conclude its inquiry without further delay."

That is "the right tactical decision," according to liberal lawyer Alan Dershowitz, a Fox News contributor. It's way too easy to fall into a "perjury trap," he explained.

"All Trump has to do is be asked the question, 'did you know about the meeting in the Trump Tower with your son?' And if he says 'no,' which he has said, he has walked into a perjury trap because Cohen has said 'yes.' And that's all the prosecutor needs."

Trump's team has offered their own terms. So, if Mueller says no, he looks like the bad guy and it will look like Trump did what he could to sit down with him, to paraphrase Dershowitz. Mueller can also try to subpoena the president.

"In the end, there will be no sit down," Dershowitz predicted.

He added that if the case gets to the Supreme Court, it will be "a draw."