Giuliani: If Mueller subpoenas us, we will challenge it
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President TrumpDonald John TrumpSchiff urges GOP colleagues to share private concerns about Trump publicly US-China trade talks draw criticism for lack of women in pictures Overnight Defense: Trump to leave 200 troops in Syria | Trump, Kim plan one-on-one meeting | Pentagon asks DHS to justify moving funds for border wall MORE's attorney Rudy Giuliani said on Wednesday that if special counsel Robert MuellerRobert Swan MuellerSasse: US should applaud choice of Mueller to lead Russia probe 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."