If the president agrees to be interviewed, it seems extremely likely he will lie about something. Not because the interview is unfair or a “perjury trap,” but simply because of the president’s well-documented casual relationship with the truth. The president’s own attorneys reportedly cited their fear that he would lie as a reason to advise him against the interview
.. He has to assume that a president who refuses a consensual interview will not willingly stroll into the grand jury. Trump’s lawyers would likely mount various legal challenges to the subpoena. Although precedent suggests Mueller ultimately would win that battle, there are no guarantees. And it would mean months of delay — even if the case were fast-tracked to the Supreme Court.
.. If the president ultimately did end up in the grand jury, he could then assert his Fifth Amendment right not to incriminate himself — and Mueller might still be left with nothing. Or the president could testify, and even if it did not go well, he would have delayed the investigation and any possible consequences, perhaps even past the midterm elections. Mueller may well decide he’s better off completing his work without spending significant time and resources
.. Maybe his lawyers will offer to answer written questions as a “compromise,” but those answers will be crafted by the attorneys, cannot be cross-examined and will not put Trump in jeopardy. The president can save face by claiming he was eager to step in the ring mano a mano with Mueller but his lawyers told him he shouldn’t. (You know how lawyers are.)
.. You can hear the interviews now: Republicans on Capitol Hill will say that while it’s “unhelpful” that Trump won’t agree to be interviewed, “on the other hand, there are some serious questions about the fairness of Mueller’s investigation . . . ”
And this is where the sustained attacks on Mueller and the FBI come into play. Trump and his allies will justify his refusal to cooperate or even his taking the Fifth by attacking the legitimacy of the investigation itself. They will claim Trump would not be treated fairly by Mueller and the “deep state” conspiracy that is out to get the president. And if recent history is any guide, this argument will resonate with the president’s base and his allies in right-wing media and Congress.
.. stonewall, delay and attack the investigators — that seems to be the president’s most likely course.
Trump Would Be Crazy to Sit with Mueller. Mueller Would Be Crazy to Insist.
Why the special counsel probably won’t subpoena the president.
.. Trump and his allies are now racing to undermine the legitimacy of Mueller’s investigation in the hope of muting the impact of its results. The longer the investigation takes, the more successful Trump’s campaign is likely to be. Mueller, therefore, would be well advised to weigh the burden of the time-consuming and distracting litigation that Trump would launch to block a subpoena against the limited value of Trump’s testimony and move on.
.. Clinton resisted sitting down with Ken Starr until the independent counsel obtained a subpoena. They then negotiated to allow Clinton to testify for four hours from the White House with his lawyer present and the grand jury connected by video.
.. Prior presidents also feared the political damage from appearing uncooperative with law enforcement. Trump has worked furiously to build political support for his resistance to cooperation and appears confident that his base and core supporters in Congress will insulate him from political consequences.
.. Mueller—because of the importance of obtaining spontaneous answers, asking follow-up questions and observing the witness’s demeanor—will not agree to anything less than live questioning.
.. Moreover, the precedent set by issuing a subpoena could be abused by less scrupulous prosecutors than Mueller to sully a president for political purposes.
.. Trump will respond to a grand jury subpoena with a protracted legal challenge that will go to the Supreme Court. At the very least, he is likely to challenge the constitutionality of the special counsel’s appointment; argue that Mueller has exceeded his authority by investigating tangential matters; urge the court to impose limits on the scope, time, place and manner of the questioning; and contend that much of the information the grand jury will seek is covered by executive privilege. Mueller is likely to prevail, but victory will take time and distract his team from wrapping up the investigation, while giving Trump endless opportunities to denounce the “witch hunt.”
.. Although taking the Fifth could be politically embarrassing, grand jury secrecy might prevent the public from learning of it.
Trump Says He Is Willing to Testify Under Oath in Mueller Probe
President’s remarks seemed to surprise White House aides; lawyers working out details for interview
Mr. Trump’s attorneys have been considering whether Mr. Trump should take questions from Mr. Mueller, according to a person familiar with the matter. They have debated whether Mr. Trump should answer questions from Mr. Mueller in writing, have Mr. Trump appear before Mr. Mueller in person, or perhaps a combination of the two, the person said. Another possibility Mr. Trump’s attorneys have been considering is letting Mr. Trump sit for certain topics, but not others.