On the show, Fox & Friends, Jay Sekulow, a member of President Trump’s legal team, explained that he believes that it is unconstitutional for Mueller to question the president regarding his firing. “The idea that a president could be asked questions… it’s counter to the constitution,” said Sekulow. Meuller was fired while he was conducting the Russian investigation.
Here is the full statement made by Sekulow:
“The idea that a president could be asked questions about — first of all, his Article II authority — it’s counter to the constitution. I mean, this whole notion that a president should be put in a place, especially in the scope of this investigation, to be questioned about ‘why you took actions against, let’s say, the former FBI director,’ or whatever it might be. Here’s the problem — the problem is not, ‘can the president answer the questions?’ Of course, the president could answer the questions. The question is, ‘should under these circumstances the president answer the questions.’ And you are now setting a precedent not just for this president but for the presidency. And my concern quite frankly in all of this is this is Article II core constitutional power of the presidency, and to allow questioning to go on with regard to decisions you make as president — I think it’s not only absurd and outrageous, it makes no sense under the way our government is set up. Because if that was the case, then any U.S. attorney that had any questions about any president’s policy could say, ‘you know, I’m gonna subpoena him and ask him some questions about that.’”
Sekulow is basically arguing that Article II of the constitution, which establishes the executive of the federal government, says that Trump is able to enforce his right to fire federal officials, no matter the circumstance. Duke law professor Samuel Buell has said that the law “becomes kind of ‘the king can do no harm’ argument, which just isn’t consistent with American law or constitutional law”.
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