The Associated Press is reporting that Donald Trump will not answer any questions related to obstruction of the Russia investigation. Not in person, and not in writing. Earlier this week, the Trump legal team claimed that Special Counsel Robert Mueller had agreed to accept some answers from Donald Trump in writing. But those questions were centered around the issue of conspiracy—a topic where evidence is likely to be based on emails, letters, dates, meetings, and actions. Obstruction is a different story. A big part of obstruction is intent, and Trump attorney Rudy Giuliani has long made it clear that he did not want Trump answering questions on this topic.
Now Giuliani is stating that Trump definitely will not address this topic. However, considering that this is the topic on which a face-to-face meeting between Trump and the special counsel is most likely to have impact, it’s also the topic most likely to generate a subpoena. So Giuliani’s statement can be read as “Trump will not answer federal investigators' questions, in writing or in person, about whether he tried to block the probe into Russian interference … willingly.”
The firm refusal to deal with obstruction in any manner follows close on the heels of statements from Supreme Court nominee Brett Kavanaugh indicating that he would not recuse himself from questions regarding Trump and the Russia investigation. Even though Kavanaugh was part of serving a subpoena to a sitting president when that president was a Democrat, he’s since had a change of heart.
According to the New York Times, Giuliani’s statement concerning the obstruction issue is "That's a no-go. That is not going happen. There will be no questions at all on obstruction." Giuliani also seems freshly sure of Trump’s position on other communications with the special counsel, saying that questions would be limited to written questions on the topic of conspiracy, and Mueller would have to “justify” any follow-ups.
Giuliani has previously justified Trump’s refusal to answer questions related to obstruction on the grounds that Trump has the power to fire anyone without cause, so the reason why he dismissed FBI director James Comey or other officials doesn’t matter. And Giuliani has protested that if Mueller can’t prove conspiracy first, then there is no crime to obstruct. But neither one of those assertions holds up to even the most casual inspection. But it seems clearer than ever that Trump does not intend to talk to Mueller—everything that Giuliani and Trump’s legal team have done so far has simply been to bring them to the point. To delay any questioning until Trump is in reach of ending the investigation.
Trump has made it clear that, following the election, Jeff Sessions is out. A new attorney general will be able to take charge of the investigation, and either restrict or simply end, the special counsel’s writ. Should Trump still have to face Mueller, he’s counting on Kavanaugh to prevent Mueller from executing a subpoena or issuing an indictment. Giuliani has also been pressing the idea of a “window” in any prosecutions surrounding the election, ensuring that Trump makes it to his new AG and new justice with no speed bumps.
In any case, if Robert Mueller wants to talk to Trump, there’s just one way that’s going to happen: A subpoena. Now.