Sekulow: Obstruction of justice by tweet is absurd

Sekulow: Obstruction of justice by tweet is absurd

President TrumpDonald John TrumpMarine unit in Florida reportedly pushing to hold annual ball at Trump property Giuliani clashes with CNN's Cuomo, calls him a 'sellout' and the 'enemy' Giuliani says 'of course' he asked Ukraine to look into Biden seconds after denying it MORE's lawyer Jay Sekulow on Sunday blasted special counsel Robert MuellerRobert (Bob) Swan MuellerLewandowski says Mueller report was 'very clear' in proving 'there was no obstruction,' despite having 'never' read it Fox's Cavuto roasts Trump over criticism of network Mueller report fades from political conversation MORE's review of the president's tweets for possible obstruction of justice, calling it "absurd." 

"Obstruction of justice by tweet is absurd," Sekulow said on ABC's "This Week." "The president has a First Amendment right to put his opinions out there."

"This theory that's being bandied around that you can have an obstruction case by tweet — and by the way, [Attorney General] Jeff SessionsJefferson (Jeff) Beauregard SessionsDemocrats press Nadler to hold Lewandowski in contempt Pelosi: Lewandowski should have been held in contempt 'right then and there' Democrats bicker over strategy on impeachment MORE and Bob Mueller and all of them, the entire Department of Justice are under what? The Article II branch of government," he continued.

"And that's why I go back to saying that at the end of the day this is all about the Constitution. … If it went to court, that would be the question that the courts would be addressing. Someone can make an allegation of obstruction, those are Article II powers and a very compelling case."

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Sekulow's comments come as the president escalates his attack on Mueller's probe into possible collusion between the Trump campaign and Russia. 

"This is a terrible situation and Attorney General Jeff Sessions should stop this Rigged Witch Hunt right now, before it continues to stain our country any further. Bob Mueller is totally conflicted, and his 17 Angry Democrats that are doing his dirty work are a disgrace to USA!" Trump tweeted last Wednesday, prompting questions over whether he was issuing a direct order to Sessions or merely stating his "opinion."

White House press secretary Sarah Huckabee Sanders later sought to dismiss concerns that the president's tweet should be taken as a directive.

"It's not an order. It's the president's opinion," Sanders told reporters during a press briefing later that day. "The president is not obstructing. He is fighting back," she added.

Both Sekulow and Trump attorney Rudy Giuliani had previously told The Washington Post that the president "uses tweets to express his opinion."

The dismissal of Trump's tweets by his administration and close allies comes after The New York Times reported that Mueller is particularly interested in investigating Trump’s tweets about Sessions, former FBI Director James ComeyJames Brien ComeyNadler's House committee holds a faux hearing in search of a false crime We've lost sight of the real scandal Former Obama officials willing to testify on McCabe's behalf: report MORE and former FBI Deputy Director Andrew McCabeAndrew George McCabeMcCabe says he would 'absolutely not' cut a deal with prosecutors We've lost sight of the real scandal Former Obama officials willing to testify on McCabe's behalf: report MORE

Trump's legal team is deciding whether Trump should sit down with Mueller for an interview as part of his investigation, though the team has said it would only sit if Mueller agreed to rule out questions about obstruction of justice.

Sekulow said Sunday that the legal team's "inclination" is for Trump not to sit down for an interview.