The Trump attorneys' 20-page letter to Mueller on January 29, 2018, which The New York Times first reported and published Saturday, asserts that because the president under the Constitution is the "chief law enforcement officer" he could not obstruct the investigation because "that would amount to him obstructing himself".
The president claimed Monday morning that he had the "absolute right" to pardon himself, and he followed up that baseless argument by questioning the constitutionality of the special counsel probe. "And he has no need to do it, he's done nothing wrong".
The letter states the president "could, if he wished, terminate the inquiry, or even exercise his power to pardon if he so desired".
"I think the political ramifications would be tough", Giuliani told ABC's "This Week". Mr. Mueller, the president's attorneys argued, needs to prove that the president is the only person who can give him the information he seeks and that he has exhausted all other avenues for getting it.
Trump's legal team is making clear that it will combat any effort to force the president to testify in front of a grand jury.
The special counsel's team is now in talks with Trump's lawyers about arranging an interview with the president, which is likely the final step before Mueller completes the investigation.
Giuliani told Hannity, "If they're objective, we can work something out".More news: The Queen Gave Meghan and Harry York Cottage
"The president's prime function as the chief executive ought not be hampered by requests for interview", Trump's attorneys write.
The Times - a recipient of 125 Pulitzer prizes which Trump has called "biased", "failing", "naive", "dumb" and "a laughingstock rag" - called the memo "a brash assertion of presidential power".
Trump's lawyers also acknowledge for the first time his involvement in dictating that infamous statement about the Trump Tower meeting in 2016, where Trump campaign officials, including his son and son-in-law met with a Russian lawyer who was offering negative information on Hillary Clinton.
"The records and testimony we have, pursuant to the President's directive, already voluntarily provided to your office allow you to delve into the conversations and actions that occurred in a significant and exhaustive manner, including but not limited to the testimony of the President's interlocutors themselves", the letter says. "Our recollection keeps changing, or we're not even asked a question and somebody makes an assumption". Dowd left the president's legal team in March.
If the President does not consent to an interview with the special counsel and Mueller does subpoena him, the interpretation by Trump's lawyers of broad executive powers would likely be tested in court if they made a decision to fight the subpoena.
Under the Constitution, a president can be impeached by the House of Representatives and then removed from office by the Senate. And one of the articles of impeachment prepared against Richard Nixon in 1974 was for obstruction.
Brooke Singman is a Politics Reporter for Fox News.More news: Kathleen Wynne concedes as Ontario Liberals trail NDP, PCs in polls
President Donald Trump asserted his presidential power and escalated his efforts to discredit the special counsel Russian Federation probe Monday, declaring he has the "absolute right" to pardon himself and attacking the investigation as "totally UNCONSTITUTIONAL!" Negotiations between Trump's lawyers and the special counsel on a possible interview have continued ever since.
A spokesman for the special counsel's office declined to comment.
However, the Globe's report also says (quoting one of its two sources) that Trump's employees don't "intentionally misspell words or names", but "do consciously use poor grammar".
Mr. Trump's legal team did not immediately respond to a request for comment.
Trump, who was spending a rainy Washington weekend at Camp David, also unleashed a new attack on the Justice Department, which he has repeatedly painted as corrupt and biased against him.
"They did nothing about it", Dowd told CNN at the time. "Should have told me!"More news: Outsider Masar lands Appleby and Godolphin first Derby victor