Can Trump Defy a Mueller Subpoena? Buchanan and Giuliani Suggest Just That

Rudy Giuliani, said in an interview Sunday "Trump Could Invoke Fifth Amendment."

“We don’t have to” comply with a possible subpoena for Mr. Trump, Mr. Giuliani said during an appearance Sunday on ABC’s “This Week.” “I’m gonna walk him into a prosecution for perjury, like Martha Stewart did?” Mr. Giuliani also left open the possibility the president could invoke his Fifth Amendment right to refuse to testify if forced to appear before a grand jury.

Agreeing to a voluntary interview would allow Mr. Trump’s lawyers to set conditions, including the length of the interview, the topics raised and whether Mr. Trump could be accompanied by counsel.

“When you volunteer at least maybe you can constrain the questions. When you’re subpoenaed, a subpoena is broad. Your lawyer isn’t present. This is a tough decision for the president’s team to make,” Harvard law professor Alan Dershowitz said Sunday on NBC’s “Meet the Press.

The high court has weighed in on cases involving presidents before. At the height of the Watergate scandal, the Supreme Court ordered Richard Nixon to turn over tapes and other evidence, but that case didn’t deal with testimony. Years later, the high court ruled Bill Clinton didn’t have immunity from civil suits, paving the way for his eventual deposition in a sexual-harassment case—but that case didn’t deal with questions of testimony in criminal investigations.

Memo to Trump: Defy Mueller

In a Memo to Trump, Pat Buchanan says Defy Mueller.

If Donald Trump does not wish to collaborate in the destruction of his presidency, he will refuse to be questioned by the FBI, or by a grand jury, or by Special Counsel Robert Mueller and his malevolent minions.

Should Mueller subpoena him, as he has threatened to do, Trump should ignore the subpoena, and frame it for viewing in Trump Tower. If Mueller goes to the Supreme Court and wins an order for Trump to comply and testify to a grand jury, Trump should defy the court.

The only institution that is empowered to prosecute a president is Congress. If charges against Trump are to be brought, this is the arena, this is the forum, where the battle should be fought and the fate and future of the Trump presidency decided.

The goal of Mueller’s prosecutors is to take down Trump on the cheap. If they can get him behind closed doors and make him respond in detail to questions — to which they already know the answers — any misstep by Trump could be converted into a perjury charge.

Trump has to score 100 on a test to which Mueller’s team has all the answers in advance while Trump must rely upon memory. Why take this risk?

Wrong Answer From NBC

This NBC headline comes up with the wrong answer: Trump probably could not refuse Mueller subpoena to answer questions.

Why can't he?

There may or may not be consequences, but no one can ever force anyone to talk if they refuse to talk.

Why Give a Reason?

Giuliani says plead the Fifth. Buchanan's approach seems more logical. Just refuse. Why give a reason other than Mueller has no authority?

Let the Supreme Court hear the case.

The Risk

The primary risk of such an approach is not legal. Rather, the primary risk is economic. The secondary risk pertains to the battle of public opinion and possible impact on the midterm elections.

A legal battle between Trump and the Supreme court would not change the downtrend (assuming one is in place), but it could speed things up. The fact of the matter is the market is insanely overvalued, and due to plunge anway. But Trump could get the blame.

Then again, Trump could see a benefit to such an outcome.

If the economy or stock market declined, Trump would have a nice scapegoat. He could and would blame the "Witch Hunt".

Trump's Best Option

Plead the Fifth? Why Bother?

All things considered, Trump's best option would be to defy Mueller with a "Go to Hell" speech along the lines that Pat Buchanan suggested.

The Supreme court may side with Trump and Trump would get a scapegoat.

Mike "Mish" Shedlock

What's even more frightening is that the country apparently learned absolutely nothing in the wake of the disgraceful Scooter Libby witch hunt. Here we set, 15 years later, with partisan lawyers and politicos teeing up another witch hunt...presidential this time.

Don’t forget The Starr Commission and the tons of evidence it unearthed about the Clintons. What did the spineless spaghetti noodles in the US Senate do with that? Vote to impeach? Certainly not!!

Trump was elected because he showed voters some backbone. Never mind policies or ethics or experience or anything else, but as a candidate will you finally stand up and fight back? He has tried and now the world will see what happens whence one stands up to TPTB.

both serve in a p.r. role and not as legal experts or advisers. they are acting as surrogates advocating a position and not how the law works or is likely to. i would not be surprised if rudy's role ends very soon. its been a disaster. shambolic to say the least

i imagine trump will refuse, it will go to the courts and trump will either follow clinton's lead or take the 5th. he's hired emmett flood, which tells me trump will follow a legal process and respect the courts. with trump its best to avoid the tv drama

Meanwhile, Isreal, The Saudis, and the deep state continue to aggravate Syria and Iran to trigger a war. M
ueller and his mayhem are the perfect cover.

no president has ever been removed. the bar is a high one. and given that house republicans show more interested in impeaching rosenstein and sanctioning sessions i doubt they'll shift gears and impeach trump


Exactly as you say, to the eternal consternation of Hollywood script writers, who could never dream this stuff up in their wildest brainstorming workshops.

We have 4 branches of government , executive, judicial, legislative and the autonomous "deep state". The legislative branch , starting with the passage of the Patriot Act, has continual broadened the powers and scope of this shadow government . You are witnessing the results.

The president can be impeached no doubt, just that this whole Bob 'thebite' moller is not bring an impeachment just a sloppy lawyer in and been such s-i-n-c-e the anthrax investigations. What is collusion? His case is swiss cheese as the circuit court said last week.

Yep, and don't forget the distraction factor of Rudy 911iani, perhaps the greatest "look at me" politician of our era. He makes the Kardashians look bashful in comparison.

And thus one of the failings of the American constitution is demonstrated: the whole political system has become a dysfunctional and endless court battle. Its not just economic, security and social policy getting blocked, perverted or watered down by endless opposition lobbying in the courts even the presidential chair begins to look like a witness stand. America should dump electoral government and let the corporate lawyers and its clique of judges run the country, it would be cheaper. Rule of law was supposed to balance power not just empower the interests of establishments with money.


we've become a nation of jackasses, and Guiliani does serve the purpose of deflecting our repulsion away from the subject Donald Trump. There isn't much more for him to do, but shut up and leave. This was the year our distrust of the MSM failed to comprehend the same actions when the Russians superceded mere US journalists at directing our attention. If media propaganda is bad, why are we blind to Russian propaganda? Its obvious some of his people were involved, he is not too careful about who he trusts, thinking that if he fires them later then it is not my bad. If there was nothing to it Mueller would have gone home months ago. What HE wants is a government solution, he doesn't want to have to bring the potus to account with criminal charges. (I don't want him to either) He should get his pink slip from Congress, it might help restore some faith in the people's house and start the process of restoring the balance of power.

You sound like the typical delusional Hiliary sycophant who still upset about her losing the election because she was a corrupt evil bitch. Do you think the little pittance of money spent by the Russians compared to the MSM non stop assault on Trump really made a difference?? How do you know they didn't spend money trying to dissuade against Trump for Hiliary also? I would think they would have preferred her as she can be bought and sold. What is the name for that? Also any intereferenc the Russians made pale in comparison to what the US has done to other countries throughout the world. THe Hypocrisy is ridiculous

Trump should not testify under any circumstances. The Mueller probe has nothing to do with investigating Russian connections. It's entirely about getting rid of Trump. With or without any real evidence. Anything Trump says can be used as ammunition against him.

BTW if even Trump did work with Russians directly this is not illegal. Bad form but no laws would have been broken.

I can see no point whatsoever in President Trump cooperating with Mueller in anyway. Mueller has been busy digging for yonks and has achieved nothing of note because there was no collusion with the Russians. All that has been achieved is to highlight the corruption and incompetence in the DofJ, FBI and the CIA. There needs to be some heavy duty stable clearing.

Um, are you shocked by this? It's a long established legal principle, because if a current or former president didn't have immunity from prosecutions, political battles could devolve to the point that the losing side would simply prosecute for vengeful reasons later. After which, no worthy individual would ever want to hold the office again. It's also why Hillary wanted to win so badly, because Bill can't be prosecuted.

" It's also why Hillary wanted to win so badly, because Bill can't be prosecuted." Remember the perps that Willy Weasel sold pardons to just before he left office? Eventually the investigations will go where there is some real evidence of criminal behavior. If Hillary had been elected, none of the real crimes would ever be exposed.