Donald Trump, checkmated by Robert Mueller
Donald Trump is not the tough guy he claims to be. Apparently, the president of the United States of America will have to go to court. His lawyer already warned that he will challenge any attempt to force him to testify against the implacable Robert Mueller, the Special Counsel in charge of unraveling the plot of the Russian collusion in the 2016 elections. Rudy Giuliani has insisted that an announcement cannot be issued to the president as part of the investigation into the Russian meddling in 2016. It also ruled out the possibility, somehow ridiculous, that the president could pardon himself, a danger for American democracy
The former mayor of New York, now lawyer of Donald Trump, insisted that it was impossible for a president to incur obstruction of justice since he has the power to do so. In this statement to a program of the national network NBC, Giuliani said that Donald Trump can finish the investigation whenever he wants because he has the faculties for it and even grant the pardon to himself. However, even if this claim is valid, the American democracy would be under inquisitive eyes and the tenant of the White House would wear his dictator costume during his term.
It is unthinkable for American democracy that a subject has unlimited and omnipotent faculties. Recall that suspicions about Donald Trump increased when he asked to cease investigations into the Russian collusion that initiated the former director of the FBI, James Comey, who was fired weeks later. From that moment, the decision was made to involve Robert Mueller, ex-chief of the FBI as well, to resume the investigation.
The investigation has reviewed nearly 1.4 million documents and 28 people who so far they have been questioned by Mueller, this without counting the list of witnesses on the case handled by the Office of the Special Attorney, of which 19 are contested with charges. Paul Manafort and Rick Gates, close collaborators of the president during his presidential campaign, are accused, while Michael Flynn and Gates assist with the investigation. In addition to the US citizens, 13 Russians and 3 companies of the same nationality have been accused too.
Donald Trump has stated on more than one occasion that he is not afraid to come forward to testify. The legal team seeks the resources to get him out of the fire that encircles him and has expressed public and private concern about the possible risks, since he could be accused of perjury. And although he denies it, Donald Trump has not stopped tweeting his consternation and obfuscation for being investigated. Remember he recently called of infamous the accusation of obstructing justice and even twitted: "Now I understand ... the have a crime invented, false, collusion, which never existed (...)."
Rudy Giuliani also commented to the program "Meet the Press"of NBC about the possibility of the president self-indulging, something discarded by the lawyer arguing that "it would be unthinkable and would probably lead to impeachment immediately. He has no need to do it, he has not done anything wrong", Giuliani said.
As several experts have warned if Donald Trump is wrong, this would mean his political suicide.
Robert Mueller has checked Trump, as in checks, he has two moves before checkmate. The first one is to order the investigation to stop. If he did so, he would be accused of obstruction of justice, a charge that is challenged on him. The other is to self-pardon, and right away he would admit he was indeed guilty. So, to testify in front of Mueller could be the only alternative of Trump, after all, "he has not done anything wrong".
The option of self-indulgence was suggested in January by the president's team of lawyers, long before the former mayor of New York City was part of the legal team. Giuliani does not rule out that he does have the power to do so, but he considers it could cause a constitutional crisis in the nation. "I think the political consequences would be difficult. To pardon other people is one thing but to pardon oneself is complicated", Giuliani told ABC's This Week.
At the time, experts in constitutional law and activists considered that the decision of President Donald Trump to fire the director of the Federal Bureau of Investigation (FBI), James Comey, laid the groundwork for a trial of challenge against him that will cause his dismissal.
A legal expert, David Cole, indicated that the Comey’sdismissal meant blocking the investigation. On the other hand, Louis Michael Seidman, a professor at Georgetown University, said the clause on the process of challenging a president is "deliberately vague." According to Cole, if it is perceived that the president is involved in misconduct or malfunctions, he can be accused without the need to commit a criminal act in itself.
These criteria contrast those offered by the legal team of Trump, who in January wrote the letter assuring that the accusation of justice obstruction was irrelevant. They argued that the Constitution grants the president the power to "if he so wishes," end the investigation or even exercise his power of pardon.
If Trump does not agree on granting an interview, Mueller will have to decide whether to proceed with a subpoena. Last March, the Special Attorney's office hinted at the possibility of taking the president to court but it is unknown if that possibility remains valid. Giuliani has told The Associated Press that the president's legal team believes Mueller’s office does not have the authority to give him a subpoena. Let’s see if Giuliani can save Trump from checkmate.