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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