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                                                                                                 U.S. NEWS Tuesday 5 June 2018
















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            Trump, lawyers lay out expansive presidential powers view



            Continued from Front         nothing  wrong,  the  state-
                                         ments  from  him  and  his
            That’s  because,  as  the  lawyers,  including  the  just-
            country’s  chief  law  en-   disclosed  January  memo
            forcement  officer,  Trump  to Mueller, make clear that
            himself has ultimate control  much  of  their  defense  re-
            of  the  Justice  Department  volves  around  establishing
            and executive branch.        that he was constitutionally
            Beyond  that,  his  lawyers  empowered  to  take  the
            have  repeatedly  insisted  actions he took.
            that  it’s  beyond  dispute  The defense argument sug-
            that a sitting president can-  gests that protocols meant
            not be criminally prosecut-  to  protect  against  abuses
            ed.                          of power are merely norms
            Trump  also  tweeted  Mon-   the  American  public  has
            day  that  the  Justice  De-  come  to  expect,  rather
            partment’s  “appointment  than  laws  binding  on  a
            of the Special Counsel is to-  president.
            tally UNCONSTITUTIONAL.”     In  Trump’s  view,  for  in-
            Mueller’s     investigation  stance, he is entitled to fire
            moves  forward  nonethe-     an FBI director — Comey or
            less,  and  as  it  does  courts  any other — for any reason.
            may have to confront ques-   He  can  similarly  terminate
            tions with minimal if any his-  an  FBI  investigation  given   White  House  press  secretary  Sarah  Huckabee  Sanders,  right,  accompanied  by  White  House
            torical precedent. Those in-  the  constitutional  powers   deputy press secretary Hogan Gidley, left, arrives for the daily press briefing at the White House,
            clude whether a president  he  enjoys,  the  president’s   Monday, June 4, 2018, in Washington.
            can  be  forced  to  answer  lawyers say. That argument                                                                         Associated Press
            questions  from  prosecu-    may  help  ward  off  allega-  the  law  doesn’t  treat  the  In  a  1997  ruling  allowing  Trump  has  already  proved
            tors,  whether  it’s  possible  tions from Comey that the  president  in  all  respects,”  Paula Jones’ sexual harass-  willing to break from proto-
            for  a  commander  in  chief  president  asked  him  to  Blackman  said.  “There  are  ment  lawsuit  against  Clin-  col  through  granting  par-
            to  criminally  interfere  in  in-  consider shutting down an  certain things the president  ton  to  go  forward,  Justice  dons  outside  the  Justice
            vestigations and whether a  FBI investigation into former  can  do  that  no  one  else  John  Paul  Stevens  wrote:  Department’s  pardon  at-
            president’s  broad  pardon  White House national secu-    can  do,”  such  as  granting  “We  have  made  clear  torney,  which  historically
            power  can  be  deployed  rity adviser Michael Flynn.     pardons  and  negotiating  that in a criminal case the  reviews clemency petitions
            for corrupt purposes.        There  is  logic  to  the  argu-  international treaties.  powerful interest in the ‘fair  and  makes  recommenda-
            “There’s  a  reason  they’re  ment  that  Trump  couldn’t  There’s   some   historical  administration  of  criminal  tions on worthy candidates.
            untested. It’s because they  have obstructed justice by  precedent for a court clash  justice’  requires  that  the  On his own, he has recent-
            were  unthinkable,”  said  firing  Comey,  even  if  the  that  could  be  instigated  evidence  be  given  under  ly   pardoned    conserva-
            Savannah Law School pro-     questions haven’t been ful-  by the Trump investigation,  appropriate circumstances  tive  Barack  Obama  critic
            fessor Andrew Wright, who  ly resolved, said Josh Black-  but in many ways the argu-   lest the ‘very integrity of the  Dinesh  D’Souza,  who  had
            served  in  the  White  House  man,  a  professor  at  South  ments remain unsettled.  judicial  system’  be  erod-  pleaded  guilty  to  cam-
            counsel’s office under Pres-  Texas College of Law.       The  Supreme  Court  has  ed.” He also said that presi-   paign  finance  fraud,  and
            ident Barack Obama. “The  “If  you’re  trying  to  apply  never  definitively  ruled  on  dents have given testimony  former  Bush  administration
            president’s  game  here  in  the  obstruction  statutes  to  the  question  of  whether  a  and produced documents  White  House  aide  I.  Lewis
            part  is  to  take  issues  that  something  the  president  president can be forced to  often  enough  that  “such  “Scooter” Libby. And Trump
            are  so  beyond  the  pale  has the power to do, then  testify,  though  the  justices  interactions ... can scarcely  said he was contemplating
            that they have never been  I don’t think the statute ap-  in  1974  did  rule  that  Rich-  be thought a novelty.”  clemency for Martha Stew-
            tested  and  say,  ‘Look,  plies,” he added.              ard Nixon had to produce  Though  Mueller  has  raised  art  and  former  Illinois  Gov.
            there’s no authority here on  White House spokeswoman  recordings and documents  the  prospect  of  subpoe-         Rod  Blagojevich,  among
            point.’”                     Sarah  Huckabee  Sanders,  that  had  been  subpoe-       naing Trump if he rejects a  “lots” of other people.
            Mueller   is   investigating  who  was  questioned  re-   naed.                        voluntary interview, it’s not  A 1974 opinion from the Jus-
            whether  Trump  associates  peatedly  Monday  about  Bill  Clinton  was  subpoe-       clear  he’ll  actually  do  so.  tice Department’s Office of
            coordinated  with  Russia  whether  the  president  is  naed in 1998 to appear be-     Such  a  move  could  theo-  Legal  Opinion  maintains
            during  the  2016  presiden-  above the law, said no, he  fore the Whitewater grand  retically end in a court de-   that presidents cannot par-
            tial  election  and  whether  is not.                     jury, though that subpoena  feat for Mueller, and would  don themselves “under the
            Trump  took  steps  to  shut  But Blackman said that was  was  withdrawn  after  Clin-  almost  certainly  prolong  fundamental  rule  that  no
            down  that  investigation  overly  simplistic,  that  the  ton  struck  a  deal  to  give  the investigation.       one may be a judge in his
            through   actions   includ-  better  question  is  how  the  testimony.  The  agreement  The past several days have  own  case,”  though  that
            ing the firing of FBI Director  law  applies  to  the  presi-  headed  off  a  potential  also  spurred  arguments  question  has  never  been
            James Comey.                 dent.                        challenge to the subpoena  about  the  scope  of  the  tested before the country’s
            Though Trump insists he did  “It’s  a  great  slogan,  but  on constitutional grounds.  president’s pardon power.   highest court.q
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