The Times noted that Trump's lawyers are anxious that submitting to questioning under oath would expose the president to charges of lying, a possible crime for which he could be impeached.
In the letter, the legal team argues that a charge of illegal obstruction is moot because the U.S. constitution empowers the president to, "if he wished, terminate the inquiry, or even exercise his power to pardon".
In the letter, the Trump's lawyers argue that a charge of illegal obstruction is moot because the Constitution empowers the president to, "if he wished, terminate the inquiry, or even exercise his power to pardon".
The attorneys reminded Mueller that the White House could have claimed "executive privilege" over the documents, but that "the president's desire for transparency exceeded the policy purposes for the privilege under the circumstances".
The attorneys also defended Trump against possible obstruction accusations regarding his actions surrounding the probe into Michael Flynn - his former national security adviser, who pleaded guilty in December to making false statements to the Federal Bureau of Investigation regarding his contacts with Russian Federation.
If the president does not consent to an interview and Mueller instead subpoenas him, the interpretation of executive powers by Trump's lawyers would likely be tested in court if they chose to fight the subpoena. Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media?
President Donald Trump says he didn't fire FBI Director James Comey over the Russian Federation investigation, despite previously citing that as the reason.
The president on Thursday pardoned conservative commentator and filmmaker Dinesh D'Souza, who pleaded guilty in 2014 to USA campaign finance law violations. As a result, it is not clear whether statutes criminalizing obstruction of justice apply to the president and amount to another legal limit on how he may wield his powers. "Hence, while it is certainly overstatement for the president to simply declare that the special counsel is unconstitutional, it is also true that the president has a number of significant inquiries that can be raised in litigation based upon the separation of powers, the appointments clause, and post Morrison case law (the Supreme Court's Edmond's decision) which stands for the proposition that officers with significant authority must be appointed as principal, and not as inferior officers".
Asked whether Trump has the power to give himself a pardon, Giuliani said, "He's not, but he probably does".
"I think the political ramifications would be tough", Giuliani told ABC's "This Week". Those include whether a president can be forced to answer questions from prosecutors, whether it's possible for a commander in chief to criminally interfere in investigations and whether a president's broad pardon power can be deployed for corrupt purposes.
The letter does not stress legal opinions by the Justice Department in the Nixon and Clinton administrations that held that a sitting president can not be indicted, in part because it would impede his ability to carry out his constitutional responsibilities.