Despite reports of FBI special counsel Robert Mueller threatening to subpoena President Donald Trump in the investigation into the 2016 presidential election, the U.S. president does not have to answer subpoena under executive privilege, according to attorney Rudy Giuliani.
"We don't have to," Giuliani told ABC's "This Week" with George Stephanopoulos. "He's the president of the United States. We can assert same privilege as other presidents have."
Giuliani noted a subpoena against former President Bill Clinton was proven ineffective, because it was ultimately withdrawn.
Stephanopoulos noted, though, President Clinton still testified under oath to a grand jury, to which Giuliani replied it only happened under agreed-upon conditions and not under a subpoena.
"Would we be willing to do that?" Giuliani asked. "I would rather have the Hillary Clinton treatment.
". . . Hillary Clinton treatment is what I'm looking for: that is not under oath; only a Q&A; we get the questions in advance; they write the report two weeks before."
Giuliani does admit President Trump "wants to testify," but legal advice and sense suggest he should not do so. Also, Giuliani could not rule out the president taking the fifth amendment.
"We may actually work things out with Bob Mueller, because working with him directly is good," Giuliani told Stephanopoulos.
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