FNC: Appearing on FOX & Friends after his interview on The Ingraham Angle, President Trump's attorney Rudy Giuliani says the Russia investigation should be thrown out.
GIULIANI: I asked him specifically if they realized or acknowledged they didn’t have the power to indict bother under the justice department memo which gives them their power in essence, confines their power, and under the constitution. And he said we’ll – he wouldn’t answer. And one of his assistants said they acknowledged they had to be bound by justice department policies. And then the next day or the day after they clarified it for Jay Sekulow who was with me at the meeting that they didn’t have the power to indict and that what they’d eventually do is write a memorandum and give it to the deputy attorney general, [Rod] Rosenstein. And we never got to the issue of subpoena. I think he had raised that earlier with John Dowd but it didn’t come up with me but we are pretty comfortable that in the circumstances of this case, they wouldn’t be able to subpoena him personally.
There’s no Supreme Court decision that really is right on point. There are several decisions around it. For example, they could probably require documents to be produced – that’s what was required of Nixon. And we’ve produced 1.4 million documents. They can probably require you to testify in a civil case – possibly even as a witness in a criminal case but they can’t require you to testify in what would be your own case because after all, it’s all about a possible impeachment. Impeachment has to come before indictment.