Andrew Weissman, a top prosecutor under former 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, said in an interview published Monday that he “would have subpoenaed” President TrumpDonald TrumpCheney says a lot of GOP lawmakers have privately encouraged her fight against Trump Republicans criticizing Afghan refugees face risks DeVos says 'principles have been overtaken by personalities' in GOP MORE during the investigation.
Weissman told Time magazine in an interview published Monday that if he were in Mueller’s role he would have subpoenaed the president. Weissman also said he would have included in the report that Trump obstructed justice.
“The things that I would have been differently are, I would have had our report say that the President obstructed justice, [and] I would have subpoenaed the President,” he said.
His interview comes as his book “Where The Law Ends: Inside the Mueller Investigation” is set to release on Tuesday.
But Weissman also defended Mueller, saying he worked for the special prosecutor and “these were his calls.”
“As I mentioned with respect to that decision about whether to say whether the President obstructed justice, his decision came from the most noble of places, which is respecting the rights of a target,” Weissman said.
When the top prosecutor was asked if a subpoena would have changed what happened with his impeachment trial in the Senate, he said, “No one knows.”
“We don’t know what it would have uncovered,” he said. “We don’t know if it would make a difference. But my answer is we shouldn’t have to ask that question. We shouldn’t have to be in a position having to speculate about that.”
Weissman’s book details the investigation into Russian interference in the 2016 election and Trump’s potential obstruction of justice. Weissman specifically managed the prosecution of Trump’s former campaign chief Paul ManafortPaul John ManafortDOJ investigating one-time Trump campaign adviser over alleged ties to Qatar: report Foreign lobbyists donated over M during 2020 election: report Former Mueller prosecutor representing Donoghue in congressional probes: report MORE.