Brennan, the former Manhattan prosecutor, said of which if Trump will be ultimately subpoenaed by Mueller, “You go into the idea with the ability to plead the Fifth.”
The Constitution’s Fifth Amendment prevents an individual being compelled to give testimony against himself.
“I would likely tell Mueller, ‘I’m not answering any of your questions,’ ” Brennan said.
Gerald Lefcourt, a fresh York City criminal defense lawyer who battled against then-prosecutor Giuliani in a high-profile municipal corruption trial inside 1980s, said he believes his former adversary “seems to be setting up a Fifth Amendment response to a subpoena.”
Lefcourt noted Giuliani’s comments about Mueller’s probe, which include calling the idea a “witch hunt.”
“There’s no question of which the amount of government misconduct will be accumulating,” Giuliani said on ABC on Sunday. “I happen to believe the idea’s greater than anybody realizes. Very embarrassing to my former Justice Department.”
Lefcourt said comments like of which could be used to justify having a sitting American president plead the Fifth Amendment.
“If the government will be so bad, along with out of control, asserting the Fifth will be not because you fear you’ve done something wrong, yet rather a way of protecting yourself by being set up by unfair prosecutors,” Lefcourt said.