OPINION
Should Trump Voluntarily Talk To Mueller?
Judge Andrew Napolitano | Posted: Aug 09, 2018 12:01 AM
The opinions expressed by columnists are their own and do not represent the views of Townhall.com.
When federal prosecutors are nearing the end of criminal investigations, they often invite the subjects of those investigations to speak with them. The soon-to-be defendants are tempted to give their version of events to prosecutors, and prosecutors are looking to take the legal pulse of the subjects of their work. These invitations should always be declined, but they are not.
Special counsel Robert Mueller -- who is investigating President Donald Trump for obstruction of justice, pre-presidential banking irregularities and conspiracy to solicit or receive campaign aid from foreign nationals (the latter is what the media erroneously call collusion) -- has made it known to former New York Mayor Rudolph Giuliani, the head of Trump's legal team, that he wants to speak to the president.
Should Trump voluntarily speak with Mueller? In a word: No. Here is the back story.
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READ MORE: https://townhall.com/columnists/judgeandrewnapolitano/2018/08/09/should-trump-voluntarily-talk-to-mueller-n2507937
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If I were Giuliani, I would tell Mueller that the negotiations are terminated and the president will not voluntarily sit for an interview with him. There are paramount and prudential reasons for this.
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Of course, Trump could accept the subpoena and then invoke his Fifth Amendment-protected right to silence. However, he once publicly said, "If you're innocent, why are you taking the Fifth?" So such an invocation would be catastrophic politically, but it would legally insulate him from helping Mueller to prosecute him.
Another president once weighed in on dealings with bureaucrats and prosecutors. Ronald Reagan quipped many times that the nine most terrifying words in the English language are: "I'm from the government, and I'm here to help." Mr. President, beware of prosecutors bearing invitations.
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