we begin with breaking news president Trump's legal team has now responded in
just the last few seconds to Robert Muller's latest offer for a presidential
interview this is outnumbered over time i'm harris faulkner now to the breaking
news the president's attorneys releasing a statement saying they have sent a
letter now to the special counsel regarding its request to sit down with
President Trump in its Russia investigation meanwhile Rudy Giuliani is
once again calling on Muller to wrap it up this investigation chief White House
correspondent John Roberts is live with the latest on this so break it down we
knew that there was something coming today what is it in Harris good
afternoon to you and just as you were introducing me there I was finishing up
a phone call with Rudy Giuliani who told me that he thinks that this should all
be over by September the first now I was saying he doesn't know if it will be
over by September the first but he thinks that Robert Muller should be able
to wrap it up by then he told me if it goes much past the beginning of
September then everybody who's involved in this
investigation could be accused of interfering with the election because if
this thing does drag on it gets closer and closer to those all-important
midterms but the response to Muller went out about an hour ago I've got two
statements from the president's elite attorneys Jay Sekulow saying quote we
have responded in writing to the latest proposal from the Office of Special
Counsel regarding its request to interview the president it is not
appropriate at this time to comment publicly about the content of that
response from Rudy Giuliani millions of pages of documents along with testimony
from dozens of witnesses have been provided we're restating what we have
been saying for months it is time for the Office of Special Counsel to
conclude its inquiry without further delay speaking again to that September
first timeline the Giuliani thinks that Muller should have wrapped up by now
while Giuliani would not go into the details of the counteroffer he did tell
Fox News it's not a refusal but at the same time it's not a completely
unreasonable position I can see a way he told me in which they Muller may agree
with it Giuliani says the chances of Muller accepting the offer depend on two
things a how much they really want an interview with the president and be the
degree to which they are willing to say this may be our last chance to get the
sit-down with the president Harvard Law Professor Alan Dershowitz was on Fox
News earlier today in America's newsroom he thinks this strategy is to present
Muller with something he cannot accept listen here well I think the tactic is
emerging and it's fairly clear the president wants to testify his lawyers
don't want to testify so the lawyers are going to set up a series of conditions
put it in terms of the Godfather they're gonna make Muller an offer he can't
accept and in the end Muller will say look I can't accept this offer so we're
gonna subpoena you the president will be able to say look I wanted to testify it
was mo turned me down Giuliani acknowledged that Muller may
indeed try to sippy into the president if an agreement for an interview can't
be worked out the president's attorneys have repeatedly stated that they would
fight any attempt in court to subpoena president Trump Dershowitz suggesting
that this fight could go on for months and end in a draw
Giuliani also told me this morning that they may be willing to allow the
President to answer some questions that go to the issue of obstruction of
justice if Muller could give them a couple of
sample questions that aren't quote red flags that don't look like he's tried to
set a trap but so many attorneys across this land who have commented on this
Harris believed that they are trying to set a trap for the president Giuliani
telling me that even if Muller would have accept this offer that was
transmitted about an hour ago there's still an awful lot of work to do before
Muller would get a chance to sit down with the President and these
developments they just come so quickly I know I thought maybe you were getting
another one because people know that we wear ear pieces and they wonder is a
clairvoyant know we're actually being talked to while we're talking before I
let you go John because I want to talk about the timing of this it is 90 days
today until the midterm election so you know you're talking about wrapping
something up in less than 30 days or do you let that bleed toward the November
election that's actually not Bob Muller's concern right now but it
certainly is a political concern yeah I don't think that Muller is concerned at
all about that other other than the fact that some pressure may be brought to
bear and the you know court of public relations and politics that Oh Muller is
dragging this thing out longer than it should be which may play in the
president's favor if it gets some sympathy on that point at the same time
though the president doesn't want this thing dragging toward the election
because you know if there were to be some sort of stunning revelation that
happens a thirty days before the election that could have an impact too
so it's definitely in the president's interests to either a not have this
happen or if it does happen happen under very stringent conditions and happen
quickly we'll see a dramatic new turn maybe imminent in the showdown between
the Trump legal team and special prosecutor Bob Muller according to fox
news sources Trump attorneys are preparing to send the special counsel a
letter largely turning down any questions related to obstruction of
justice during a potential presidential interview but Rudy Giuliani gave an
interview just posted on Politico where he leaves the door open to some limited
questioning about obstruction which is an interesting new development will this
spark though a major escalation between both sides in the Russia probe joining
us now to analyze Alan Dershowitz author of the big bestseller the case against
impeaching Trump insulting Berg former deputy independent counsel in the
Whitewater investigation we'll also get into the cantankerous TS LS the the
federal district judge who is presiding over the paul manna for trial but let's
get to this this breaking news Rudy Giuliani and this Politico interview you
probably haven't read it either of you but he seems to leave open the
possibility of a very narrow set of questions if it can be narrowed on
obstruction Alan I'll go to you first what might be the wisdom in that well I
think Giuliani is tactic is to be able to say to the public look our president
was willing to speak and Muller turned him down I think he's making Muller an
offer that Muller can't really accept he is
putting forth a kind of narrow window if Muller accepts it then game on and we'll
see some narrow questioning but if I were Trump's lawyer I'm not I would not
under any circumstances allow him to testify because all you need is one
question in which he answers truthfully but somebody else answers in a different
way say he says I didn't know about the meeting at the Trump Tower involving the
Russians and Cohen says yes he did then you have an opportunity to spring that
perjury trap so in the end I don't think lawyers generally will advise a client
to testify or sit down with the prosecutor but I think this client wants
to be able to say I offered to sit down and it was Muller who turned me down so
I think that's the strategy okay here's some of the previous conditions all
placed on any potential interview that Giuliani had set out and we'll put it up
on the screen for our viewers could only be two to three hours long narrow set of
questions on collusion they provide info on FBI information first that they want
that information show proof that Trump committed a crime show testimony is
needed to end the probe and curtail obstruction questions so that's the one
that kind of was fleshed out a little bit more tonight in Giuliani's comments
to Politico that last bullet point saw your reaction to these latest
developments do you agree with what professor Dershowitz is positing there
well no prosecutor worth is salt is he to accept those kind of preconditions
but there is a reason and I do agree with and have long agreed with professor
Dershowitz his assertion that the president shouldn't go in and answer
these questions is far too dangerous but there's a reason Bob Muller has put up
with this dance for so long and I think a lot of people don't understand it if
he issues a subpoena to force President Trump to be interviewed by
to go to the grand jury for example certainly President Trump has to accept
that subpoena you can subpoena a president but then when President Trump
invokes executive privilege under the law the current law in the DC Circuit in
resealed case it is very going to be very difficult and time-consuming for
Bob Butler to ask the questions he wants to ask particularly about obstruction
and there is absolutely no guarantee that he will win you're talking about
the heart of executive privilege here presidential communications and
presidential thought processes and Muller would have to show that it's very
very important evidence and that he can't get it anywhere else and don't
forget and when Jaworski when Jaworski won the tapes case against Nixon and
when Cox won the earlier case they knew their subpoenas were incredibly narrowly
drawn they knew the tapes existed they knew that we're potentially
incriminatory conversations on those tapes Muller does not have very Dan more
than more than anything else Muller does not have the right to even
litigate executive privilege the first thing president Trump is going to say is
I'm your boss you can't even be in court so the reason why Muller has put up with
these ridiculous preconditions is that he probably can't win if he goes to
court and in Allen they have already gained this out you have Emmitt flood
one of the top partners at Williams and Connelly who's running this side of the
the legal prep inside the White House he clerked for Justice Scalia he was my co
Clerk on the second circuit for Ralph winter brilliant guy they've already
gained this out correct I mean this is really our recourse they had gained it
out a long time ago remember that was the firm that represented Bill Clinton
in his efforts to try to prevent testimony in addition to his claim of
executive privilege there's also a constitutional argument and that is that
since a senator and a congressman can't be questioned about what they did on the
floor of the Senate I don't believe a president can be
questioned about why he pardoned or why he fired or why he tweeted
well why he exercised any of his powers under article 2 of the Constitution or
the First Amendment so although I think in the end if a subpoena was issued and
challenged I think Muller would be able to get some
testimony from the president if he stayed away from issues that are covered
by these privileges but in the end it would be a Pyrrhic victory it would take
him so much time that it would guarantee that the report could not be written
until after the midterm elections Wow we don't have time to get to TS Ellis and
how well he was a little cantankerous but we're gonna have you back well I
mean this is gonna be going on for at least another week or so he's a tough
judge he's a tough judge you've got to look at me when I talk to you that's
what I say to my kids tells the truth looking at you yeah you know he does
this with everybody he does this with everybody but it but it doesn't make it
right he needs to he needs to really hold back and let the litigators try
their case did the right thing when he talked about mana 4 and why they're
going after him he told the truth about that a truth that too few people are
willing to recognize I think he want to look yeah but he doesn't need to be
doing that in front of the jury though what are you saying you have tears in
your eyes no and that Gregory was not in front of
the jury yeah oh no I don't I'm sorry but it is very dramatic but it might be
a little too much all right guys thanks so much
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