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To: tirednvirginia

I’d politely refuse to testify, wait for the subpoena and let the lawyers drag it through the courts. If the Supremes voted against me, I’d plead the fifth and make the courts fight it out. No sense giving them ammo.


13 posted on 05/09/2018 11:03:32 AM PDT by King Hawk
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To: King Hawk
> . . . I’d plead the fifth and make the courts fight it out....

There is a trap in this, too. If someone pleads the fifth, then they can be given immunity on the specifics of the topic on which they decline to testify (e.g. Russian 'collusion') - and then be compelled to testify. However, on a fishing expedition like Mueller is on, it's never the first topic that matters to him. He wants Trump to testify - with a limited and specific immunity - in the hopes that in the course of the testimony he will make a mistake on something he says. Then a new charge of perjury will be filed. Or obstruction of justice. Or some other 'process crime.' This is a particular risk for Trump because he tends to wander on his comments a lot.

Proof of this - if any is needed - is in the questions that were leaked. They were all 'how did you feel about this?' and 'what were you thinking when . . .?' questions that are intended to provide out-of-context quotes to imply obstruction of justice.

More than all of that, there is an important precedent that the president is not answerable to his own minions. If this were a prosecutor with a Congressional mandate (not a DOJ mandate), then he might have to answer, but not from his own subordinates. Congress can impeach and (if convicted) remove the president. His own administration cannot. So he needs to refuse to respond to the subpoena and force the Supreme Court to decide (if they would - and it's wrong but they just might) that the president is not the head of the executive branch.

Out of all this my favored outcome is for Rosenstein to be fired (not Mueller). It's Rosenstein's job to keep Mueller on track, and he's not doing it. The charter from Rosenstein is a direct violation of DOJ policy because there is no specific crime for the special counsel to pursue. It's all a fishing expedition looking for process crimes. Trump needs to absolutely refuse to play that game until and unless the Supreme Court decides otherwise (and maybe even then). I would refuse even if the Supreme Court said I had to testify, with the comment, "If you think I've done wrong, then recommend that Congress impeach and convict me."
16 posted on 05/09/2018 11:23:54 AM PDT by Phlyer
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To: King Hawk

Trump will choose the slickest route most confounding to the Coupists and it may be a route none of us will have anticipated.


19 posted on 05/09/2018 11:27:02 AM PDT by arthurus (k)
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To: King Hawk

“If the Supremes voted against me, I’d plead the fifth and make the courts fight it out.”

Even if the Supreme Court says they have the right to subpoena you, there is still no enforcement mechanism to make the President testify. You want to charge him with contempt? Who is going to do that? Oh yeah, the DOJ, who works for the President. You want to haul him to jail? Who is going to do that? The FBI or US Marshals, who also work for the President.

Just do like Obama did when Congress tried to make Holder talk. Ignore them, because there are no means (short of impeachment) to enforce anything against the Executive Branch unless the Executive chooses to cooperate.


28 posted on 05/09/2018 12:34:09 PM PDT by Boogieman
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