Trump probably could not refuse Mueller subpoena to answer questions
January 9, 2018 by admin
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WASHINGTON — If Robert Mueller seeks to question President Donald Trump, could the White House successfully refuse to make him available?
Like anyone whose testimony is sought by grand jury subpoena in a criminal case, the president could cite his Fifth Amendment right not to testify against himself. Such a move, however, would carry significant political risk.
Related: Talks underway about Trump interview in Mueller Russia probe
The White House has given no indication that the president would refuse to answer Mueller’s questions. Trump said in June that he was “100 percent” willing to give Mueller his version of events. “I’d be glad to,” the president said when asked at a news conference.
But suppose he changed his mind. Could he decline to respond to a subpoena from Mueller on some other grounds? The answer, in a word, seems to be no.
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The Supreme Court has never directly addressed the question about whether a president can refuse to cooperate in a criminal investigation potentially involving his own conduct. That’s because no president has ever fought such a request. But in two other cases, the court has suggested that there’s no authority to decline.
President Richard Nixon failed when he tried to shield his White House tapes from the Watergate prosecutor who wanted them as evidence in charging presidential aides with crimes related to the scandal. The court rejected Nixon’s claim that the recordings were protected by executive privilege.
“The President’s generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial and the fundamental demands of due process of law in the fair administration of criminal justice,” the court said in 1974.
Twenty-three years later, the Supreme Court ruled that President Bill Clinton was not immune from a lawsuit filed by Paula Jones, who accused him of sexual harassment.
It’s settled law, the court said, “that the President is subject to judicial process in appropriate circumstances.”
While that ruling involved a private civil case, the court said the need for evidence in a prosecution is even greater.
“We have made clear that in a criminal case the powerful interest in the ‘fair administration of criminal justice’ requires that the evidence be given under appropriate circumstances lest the ‘very integrity of the judicial system’ be eroded.”
Two former White House counsels, under Republican and Democratic presidents, agreed Trump would have no legal grounds, other than the Fifth Amendment, to reject a subpoena for his testimony. Both spoke on condition that they not be identified.
Clinton became the first sitting president ever questioned by prosecutors about his own conduct. In 1998 Kenneth Starr’s team asked him about his relationship with White House intern Monica Lewinsky for nearly six hours in the Map Room, as a grand jury watched on a special video feed to the federal courthouse 10 blocks away.
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Starr’s team had earlier interviewed both the president and Hillary Clinton in 1995 about the Whitewater real estate matter, and they gave sworn testimony about Whitewater the year before to Robert Fiske, the special counsel who was initially appointed to investigate the issue.
Previous presidents have cooperated in criminal investigations while in office. Ronald Reagan answered written questions from the special counsel investigating the Iran-Contra scandal. Jimmy Carter gave four depositions in criminal cases unrelated to his own conduct. And Gerald Ford gave a videotaped deposition in the trial of a woman accused of trying to assassinate him.
A century earlier, President Ulysses Grant gave a long deposition in a criminal case, testifying for the defense in the Whiskey Ring scandal.
While it’s unlikely Trump could successfully refuse to answer Mueller’s questions if subpoenaed, how he does so would probably be negotiated. The special prosecutor might not be able to force him to appear on videotape for a deposition and might have to settle for written answers.
Mueller could try to summon the president to appear in court, though his lawyers could cite the Clinton precedent and seek to have the questioning done in the White House. In its ruling in the Clinton civil case, the Supreme Court said, “We assume that the testimony of the President, both for discovery and for use at trial, may be taken at the White House.” But that was a civil case with no grand jury.
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Drew Brees reminds why an undersized QB will go down as an NFL giant
January 8, 2018 by admin
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NEW ORLEANS — Somewhere in Atlanta, Nick Saban might have interrupted his film work for Monday night’s College Football Playoff National Championship to hurl his remote against a wall. Drew Brees had just thrown an 80-yard touchdown pass in the first quarter of what would be a rollicking playoff victory for the New Orleans Saints over the Carolina Panthers — the same Drew Brees who might have kept Saban in the pros in Miami, fighting his buddy Bill Belichick for control of the AFC East.
You know the story. In the spring of 2006, Dolphins doctors were worried enough about the right shoulder Brees wrecked in his final San Diego game to persuade Saban to sign Daunte Culpepper instead. The principals survived this haunting (for Saban) twist of fate. Brees went on to become an all-time NFL great in New Orleans, and his would-be coach went on to become an all-time NCAA great in Tuscaloosa.
But you should understand that Saban had the easier route to a Hall-of-Fame career. He could recruit the best prospects in America year after year, giving him a competitive advantage that the draft, schedule, salary cap and free agency don’t allow teams in the NFL. Brees? Not only was he burdened by the rules in the pros, but he also had to overcome a built-in size disadvantage at a position heavily tilted toward much taller men. On the sideline, height was never a problem for the 5-foot-6 Saban.
As it turned out, height was never a problem for the 6-foot Brees on the field. On Sunday in the Superdome, it came as no surprise that Brees outplayed Cam Newton in a heavyweight matchup that featured only one true heavyweight in the ring. In the tale of the tape, the soon-to-be 39-year-old Brees was giving away 10-plus years, 6 inches and 51 pounds to Newton, who rallied late, overcame a shot to his eye that staggered him and threw some heavy punches before losing the decision on points.
Newton completed 24 of 40 passes for 349 yards and two touchdowns, while Brees completed 23 of 33 passes for 376 yards and two touchdowns … and five more points on the scoreboard. This 31-26 wild-card victory summarized everything Brees has been in his wildly improbable 17-year career and everything he still is despite his advanced age.
In the second quarter, after hitting Josh Hill for his second scoring pass, Brees made a ridiculously precise 14-yard throw to a diving Michael Thomas at the Carolina 1-yard line to set up the Saints’ third touchdown. It appeared that New Orleans would comfortably finish off a three-game sweep of the Panthers, and to Newton’s credit, he met the challenge and gave his team a chance to advance to the divisional round to face the Vikings in Minnesota. Sean Payton gave Newton a hand, too.
On third-and-2 in the final minutes, Payton went away from a hot quarterback with historic accuracy and called Kamara’s number on a day when the rookie was as quiet as a church at midnight. Kamara came up short, and on fourth down, a scrambling Brees had no choice but to lob a jump ball that the Panthers intercepted — losing 16 yards in the process. Newton moved his team down the field but couldn’t finish the drive. Brees took a knee, and the 2017 Panthers took a long flight home.
“With a quarterback like Drew,” Ginn said, “no matter if you’re in or out of the game, you’re still in the game.” It sounded like a quote pulled from Yogi Berra’s playbook, and it made perfect Yogi-ism sense. Ginn, a former Carolina Panther, was wearing an exotic outfit at his locker while holding a $5 broom (in honor of the sweep) and taking some not-so-subtle digs at his former boss, Dave Gettleman. The NFL playoffs can be a pretty fun place.
But this was serious business for the Saints, who hadn’t won a home playoff game since the 2011 season. Payton knew the Panthers were going to be what he called “a tough out,” and he needed Brees to play up to his résumé. The quarterback completed nine consecutive passes and threw for 230 yards in the first half, and he spread the ball all over the field. He targeted eight receivers, and all eight made at least one catch. Brees used his mobility, athleticism and downfield vision to book a game with the Vikings that will be played the day before his 39th birthday.
“You try to enjoy as many of these moments as possible because it’s not going to last forever,” Brees said. “And certainly these are the memories that you hang on to.”
In his postgame news conference, Brees was peppered with questions about Carolina’s curious approach. He has been around long enough to quickly figure out where reporters were going. They wanted to know if he felt insulted — or at least inspired — by the Panthers’ obvious attempt to force him to win the game.
“If a team is going to do that,” Brees said, “obviously, I feel like with the matchups we have on the outside that there should be opportunities.”
He wasn’t going to bite.
“I think what we proved is that we can beat you in a lot of different ways,” Brees said. He talked about all the “weapons” he has around him, but in reality, the Saints’ most dangerous weapon this month is the guy throwing the ball — not the guys catching it.
Brees proved Sunday that he can still carry a contending team, which is a helluva thing to say about an athlete days from turning 39. On Monday night, the football coach who nearly hired Brees in a different life, Nick Saban, might win his sixth national title and his fifth at Alabama. Even if Brees doesn’t win a second Super Bowl ring for the Saints, what he has done is just as impressive.
Brees has overcome a major competitive disadvantage and sent this message to underdogs of all shapes and sizes: Yes, a little man at a big man’s position can go down among the giants of his craft.