Sekulow: ‘The President Is Not and Has Not Been Under Investigation’

Susan Jones | June 19, 2017 | 5:16am EDT
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Jay Sekulow, the chief counsel for the American Center for Law and Justice, is a member of President Trump's legal team. (Screen grab from CBS's Face the Nation)

( – Making the rounds of the Sunday talk shows, Jay Sekulow, a member of President Trump’s legal team, tried to set the record straight:

“The president is not and has not been under investigation,” Sekulow told CBS’s “Face the Nation.” He said the same thing on several other Sunday shows.

Sekulow, the chief counsel for the American Center for Law and Justice, was responding to Trump’s tweet on Friday morning, in which he wrote: "I am being investigated for firing the FBI director, by the man who told me to fire the FBI director. Witch hunt."

“The president issued that tweet on social media because of the report in ‘The Washington Post’ from five anonymous sources…alleging that the president was under investigation in this purported, expanded probe,” Sekulow said.

“The fact of the matter is, the president has not been and is not under investigation. So this was his response via Twitter, via social media, was in response to ‘The Washington Post’ piece with five anonymous sources.”

Sekulow noted that the Washington Post doesn’t even identify the agencies for which the five anonymous sources work. “And I want to be very clear about this – the president is not and has not been under investigation.”

“How do you know?” host John Dickerson asked:

“Because we've received no notice of investigation,” Sekulow replied. “There has been no notification from the special counsel's office that the president is under investigation.” Sekulow said he “can’t imagine” a scenario where the president would be under investigation and not know about it.

The Washington Post reported that Special Counsel Robert Mueller is investigating Trump for obstruction of justice because he fired FBI Director James Comey at a time when Comey was investigating alleged Russia-Trump connections.

But Sekulow said Trump “cannot be investigated, or certainly cannot be found liable, for engaging in an activity that he clearly has powers to do under the Constitution.” Even the FBI director told Congress that he serves at the pleasure of the president.

Sekulow, asked if President Trump meant it when he said he would testify under oath, said he hasn’t discussed that with the president. “He stated he would testify under oath. He didn't specify the venue. We'll just leave that as it is.”

And on the question of whether President Trump taped his conversations with Comey – as Trump hinted he did – Sekulow said: “I think the president is going to address that in the week ahead. There was a lot of issues this past week. The president gave a major address in Cuba. We had the assassination attempt of -- of Steve Scalise. There were a lot of intervening factors.

“So the issue of the tapes, I think right now was not priority issue number one when the country was facing an assassination attempt on Steve Scalise and other members of Congress and their staffs.”

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