Robert Mueller's investigation on Donald Trump is happening whether his attorney Jay Sekulow likes it or not. That investigation is covering the possible collusion between members of the Trump campaign with Russian officials who interfered in the 2016 presidential election, the possible obstruction of justice by the President for firing FBI director James Comey, and the financial connections between Trump businesses and Russian associates.
President Trump will defy subpoena from grand jury
Professor Ben Gershman of Pace Law School worte an OpEd for the Daily Beast titled: "Why Robert Mueller may have to give Donald Trump immunity" where he predicts quite accurately, that President Trump will defy subpoenas to testify before a grand jury.
In order to understand his prediction, it should be pointed out that a grand jury has the power to summon a sitting president through a subpoena as they did with President Clinton over the Monica Lewinsky scandal during his second term.
Gershman appropriately predicts that Trump will refuse to testify, citing the President's "pathological contempt for the rule of law" as well as for Mueller's investigation which the President has consistently referred to as a "witch hunt." One only has to refer to the President's pardon for former Maricopa County sheriff Joe Arpaio and examine both the fact that the pardon itself defied federal law and the fact that Arpaio himself, has defied the courts throughout his entire career and even during his recent conviction.
Trump's lawyers already show signs of resistance
Throughout Trump's presidency, there have been many comparisons between his presidency and that of Nixon's over firings of those investigating him as to how this investigation will turn out. Gershman's OpEd is no exception as he pointed out that Nixon also refused to comply with a grand jury subpoena during his presidency.
Gershman recalls that the Supreme Court had rejected Nixon's claim, which hints at the possibility that when Trump's lawyers try to resist, they too will reject it and might try to buy more time and wait for the Supreme Court to decide.
President Trump's lawyers and those with the White House have already revealed that they intend to obstruct as much as they can.
In a recent report by the New York Times, a reporter overheard the attorney who is heading the President's own counsel, Ty Cobb, say that he wanted to give the special prosecutor as much information as possible in order to bring the investigation to an end faster. In his discussion, Cobb said that Donald McGahn -- the White House lawyer -- wanted to hold back so that he would be able to use executive privilege. Cobb is said to be trying to avoid any subpoenas from Mueller.
Trump likely to lie under oath
The similarities in Trump and Arpaio will be on display once again when the President is held in contempt of defying the subpoena. But, the article continues to imagine that Trump would be forced to testify and suggested the kind of questions the President would be asked in the process.
But Gershman accurately presumes that Trump would also lie his way through his testimony for which Mueller might grant Trump immunity.
This is because, if the President refuses to submit to testifying under a subpoena request, the promises of immunity would try and convince Trump that his statements during his testimony would not be used against him. It would make no difference if the President lied during his testimony, assuming that the prosecution already had proof of his obstruction of justice or other indictments that have resulted from the current investigation.
The immunity given to the President would also not protect him from being prosecuted for perjury should he give false testimony. The end of Mueller's investigation has been opined to fall with Republicans to decide on the President's fate of whether he is above the law or not.