(CNSNews.com) - If Special Counsel Robert Mueller wants to interview President Donald Trump, "They have to give us a factual basis, meaning some suspicion of a crime," Trump's attorney Rudy Giuliani said on Sunday.
"For example, I can't initiate an investigation of my neighbor just because I don't like him or just he's politically different from me -- which is really what happened here," Giuliani told CNN's "State of the Union" with Dana Bash.
"There is no evidence of wrongdoing by the president, no evidence of collusion," Giuliani continued:
They have nothing, Dana. They wouldn't be pressing for this interview if they had anything. If they had evidence of a crime, they would write a report. And they can't write their report because, on collusion, they have nothing.
On obstruction, they have a constitutionally suspect theory that you can charge a president with some kind of crime for exercising his duties as a president and removing the worst FBI director in history that Hillary Clinton would have removed.
Bash asked Giuliani if he's counting on Special Counsel Robert Mueller not issuing a subpoena for the president, if he refuses to sit for an interview voluntarily.
"I am not," Giuliani said. "I have no idea what he's going to do. I think, if he does, we could have the subpoena quashed. To subpoena the president -- never been done successfully in the history of this country. There is very, very strong law that the president cannot be subjected to criminal process...The reality is that we have a very strong argument that they haven't made the case for an interview.
"They don't show what's called particularized need...which says you can't just subpoena a public official. You have to show some particularized need, if you can get the evidence elsewhere. For example, on obstruction, all the evidence they need, they can get from the Lester Holt interview."
Giuliani said NBC plays an abridged version of Lester Holt's interview with the president, leaving out the pertinent part at the end, where Trump says he fired former FBI Director James Comey for the good of the American people, even knowing it would extend the FBI investigation. "That's a complete defense to obstruction," Giuliani said.
Giuliani said he's never seen a situation like this, where "we pressed them for, what do you have? You want him to testify, tell us what you have, and they go mum on us. Usually, that means they have nothing," he said. "When I wanted to get a witness to testify, I gave him at least one good fact that would shake their -- their day."
Giuliani said the only thing that can result from Mueller's investigation is impeachment. "Mueller can't indict. So what is he doing, I think? And he's got all Hillary's partisans, 13 angry Democrats, working for him. What the heck do you think they're doing?" he asked.