Rudy Giuliani, President Donald Trump's personal attorney, said that he planned on making an argument that special counsel Robert Mueller's appointment was unconstitutional.
"Both on its face and as applied, because on its face, the statute itself; and second, the fact that it (the appointment of Mueller) was produced by what might have been a totally illegal counterintelligence investigation they tried to make into a criminal investigation," Giuliani said Wednesday on Fox News' "The Ingraham Angle."
Giuliani said the leaked memos from fired FBI Director James Comey could also play into his argument. Giuliani said he was waiting on the Justice Department's inspector general report to follow up on that information. The inspector general's report due Thursday is expected to address Comey leaking those memos.
The president's attorney said that he planned to decide in the next "week or two" whether Trump would agree to an interview with Mueller.
"Which means we then go to battling over a subpoena, or getting him ready for a small, tailored, limited interview,” Giuliani said.
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