Giuliani: If Mueller subpoenas us, we will challenge it
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President TrumpDonald TrumpYoungkin ad features mother who pushed to have 'Beloved' banned from son's curriculum White House rejects latest Trump claim of executive privilege Democrats say GOP lawmakers implicated in Jan. 6 should be expelled MORE's attorney Rudy Giuliani said on Wednesday that if special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel MORE subpoenas Trump, their team will challenge it.  

"We're going to see what legal remedies are available to us, including if they [Mueller's team] subpoena us, challenge the subpoena," Giuliani told Fox News's Laura Ingraham Wednesday night.

Giuliani said the president cannot be subpoenaed because his position guarantees him immunity based on the Constitution. However, no federal laws or rulings from the high court have barred a sitting president from being subpoenaed. 


Giuliani also said the president would not fire Mueller if he didn't conclude the federal probe into alleged ties between the Trump campaign and Russian meddling in the 2016 presidential election.

"No, no, we're not going to fire anybody. Then we just start from day one again," he said. 

According to Giuliani, Trump's legal team has met with Mueller's team once. 

Earlier on Wednesday, Giuliani said Mueller informed him that Trump cannot be indicted because he is a sitting president. Mueller's team can only write a report at the conclusion of its investigation, he said.

“They can’t indict. At least they acknowledged that to us after some battling. They acknowledged that to us,” Giuliani told CNN.

Giuliani also told the network that he believes the Constitution prevents the indictment of a sitting president. The Constitution does not explicitly prevent the indictment of a sitting president, but most legal experts agree that sitting presidents are granted immunity from prosecution implicitly by the document.

The comments come as Mueller's probe into alleged collusion between the Trump campaign and Moscow hits its one year mark. Trump has denied any such collusion, referring to the investigation numerous times as a "witch hunt."