A look at the timeline shows that President Donald Trump didn't know, when speaking with FBI Director James Comey, that former National Security Adviser Michael Flynn had lied to the FBI, former Trump campaign adviser Michael Caputo said Monday.
"We're looking at a smoking gun anywhere they can get it," Caputo told CNN "New Day" host about the Flynn controversy. "If it comes from a tweet that the attorney adviser drafted for him, I think it's going to be it difficult to prove this in a court of law."
Early Sunday, Trump tweeted:
However, though the former FBI director testified in June before Congress that Trump asked him if he'd be open to "letting Flynn go." Comey claimed in his testimony that the president made the request one day after he forced Flynn to resign.
Over the weekend, Sen. Dianne Feinstein, D-California, who on Sunday told NBC News' "Meet the Press" "what we're beginning to see is the putting together of a case of obstruction of justice."
Trump also added to the controversy through a tweet saying that he fired Flynn for lying to the FBI, in a message that a member of his legal team claimed to have sent, rather than the president.
Caputo disagreed with Feinstein, saying that for obstruction of justice charges "you have to prove both falsification and concealment."
"We know that there are members of [special counsel Robert] Mueller's team who have far overreached," he said. "This is a very sticky wicket, not just for Donald Trump but also Mueller's team."
Caputo also commented on Trump's backing of Senate candidate Roy Moore, saying that's not up to him or the Washington establishment to determine the outcome of this month's election.
"This is up to the people of Alabama," Caputo said, "But I think the president and others around him in the Senate and House realize that the practicality of another Republican vote, loyal to the president far outweighs the allegations which came out in an election, that I always discount any accusations against a candidate in the final weeks of a campaign.