Department of Justice-appointed Special Counsel Robert Mueller is conducting what is generally called a preliminary inquiry into possible obstruction of justice involving President Donald Trump, as it pertains to his broader investigation into Russian meddling in the USA presidential election.
"Certainly, if he were implicated in the investigation to something beyond a witness, then of course he'd have to recuse himself", Malcolm said.
A member of President Trump's legal team told NBC, Sunday that Trump is not under any form of investigation by special counsel Robert Mueller.
Then, in a subsequent interview on "Fox News Sunday", Sekulow sowed further confusion by saying Trump was under investigation - then denied he said anything of the sort.
Meanwhile, as The Washington Post pointed out, Sekulow doesn't have much experience that relates to defending Trump in the midst of the Russian Federation investigation.
Sekulow explained the president's tweet that appeared to acknowledge he was under investigation from the special counsel.
President Trump's son-in-law, a key member of his inner circle, has been in touch with respected criminal lawyers as an investigation over links with Russian Federation looms, it has been reported.
Sekulow made numerous same arguments on the Sunday news shows, though he told Fox News Sunday that he couldn't read Mueller's mind and that he couldn't say with 100 percent certainty that Trump wasn't being investigated.
"The man" the President was referring to is Deputy Attorney General Rod Rosentein, who authored a scathing critique of the fired Federal Bureau of Investigation director's handling of the Clinton email case.
Some of Sekulow's exchanges with Wallace were tense and confusing, leading Wallace to say, "Oh boy, this is weird".
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After Chris Wallace pointed out that he just said Donald Trump is under investigation (twice), Sekulow clapped back with this pathetic response (emphasis mine).
Sekulow faced tougher questions from CNN's Chris Cuomo.
"He probably can't say nothing, but I think he should say as little as possible - and it should be so boring that it makes for bad copy", he said.
What Todd should have asked Sekulow was how did he know that Trump wasn't being investigated. The higher the pressure, the more defiant the President becomes - even if it puts him at odds with his legal team.
Earler this month, Press Secretary Sean Spicer said Trump's tweets were official statements and that "the President is the most effective messenger on his agenda". I don't think they're going to get the president, but they're going to get somebody, and they're going to get him for something.
Sen. Marco Rubio believes a "full and thorough" investigation into Russia's interference in the 2016 presidential election is "the best thing that can happen".
"He's not afraid of the investigation - there is no investigation", Sekulow said, adding, "there is not an investigation of the President of the United States, period".
What has Trump's legal team said?
Prosecutors sometimes, but not always, notify individuals through their attorneys that they are targets of an investigation and are at risk of being charged.
Any confirmation that Mueller has expanded the investigation to consider whether the President obstructed justice with the Comey firing would carry no guarantee of a guilty finding.
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