Former NYC Mayor and newest Trump legal team member Rudy Giuliani’s chief legal strategy in defending President Donald Trump is under fire… by Rudy Giuliani.
Despite recent assertions that Trump would not have to comply with a potential subpoena from Special Counsel Robert Mueller, Giuliani was beating a different drum in 1998, when he insisted that President Bill Clinton had to comply with a federal subpoena.
If the President is subpoenaed to testify, “he’s gotta do it. He has no choice.”
– Rudy Guiliani, 1998 pic.twitter.com/vpCzKYFvgJ
— Rogue Melania🍸🍸🍸 (@RogueFirstLady) May 9, 2018
On Sunday, Giuliani said that Trump can exert executive privilege as a way of avoiding answering a subpoena from Mueller. Speaking to ABC’s George Stephanopoulos, Guiliani said “we don’t have to” comply with a subpoena.
They don’t have a case on collusion, they don’t have obstruction … I’m going to walk him into a prosecution for perjury like Martha Stewart did? He’s the president of the United States. We can assert privilege other presidents [have].
"He's the president of the United States. We can assert the same privileges other presidents have," Giuliani said. He added that "we don't have to" comply if Trump is subpoenaed by the special counsel to testify. https://t.co/czJEaL6f81
— MSNBC (@MSNBC) May 7, 2018
Giuliani’s comments are the latest round of ammunition being lobbed at Mueller and his team of prosecutors, who for nearly a year have been looking into possible collusion and obstruction of justice by Trump and his associates. Mueller was hired by the Department of Justice after Trump fired then-FBI Director James Comey on May 9, 2017.
But in 1998, Giuliani opined that Clinton should be treated like any other citizen in the realm of criminal law. “You gotta do it,” he told Charlie Rose. “I’m mean, you don’t have a choice.”
Then there is a procedure for handling that. You go before a judge and a judge decides whether or not he has a recognizable exemption or privilege from testifying. And if a judge decides that he doesn’t, you have to testify. You don’t have a choice about it.
Giuliani also referenced President Richard Nixon and Watergate scandal, which “resolved the fact that the president is not above the law, is not able to avoid subpoenas.” Giuliani told Rose that like a defendant in any other criminal case, the president has the right to ask a judge to decide whether proper procedures are being followed.
And, if a judge agrees with that, fine. But, if a judge doesn’t, then you have to testify.