The Bizarre Contradiction of Whether Trump Is Being Investigated.

WALLACE: Well, but you don’t know that he isn’t under investigation now, do you?

SEKULOW: Well, no one’s notified us that he is. So I — I can’t read people’s minds, but I can tell you this, we have not been notified that there’s an investigation to the president of the United States. So that — nothing has changed in that regard since James Comey’s testimony.

WALLACE: I want to ask you a direct question, does the president think that Rod Rosenstein has done anything wrong?

SEKULOW: The president has never said anything about Rod Rosenstein doing anything wrong. Here’s what — what is the legal situation here. There is a constitutional issue when you have this scenario. The president made a determination based on consult of advice. He decided ultimately. He’s the commander in chief. He gets to make that decision that James Comey had a go. That was coming, by the way, from groups right, left, and center over the last year. You — you and I know that. So there had been concern about James Comey.

It was put forward in a memorandum — that’s what the president’s referencing — from the deputy attorney general and the attorney general requesting the removal of James Comey as the FBI director. And, ultimately, that’s the president’s determination.

So here’s the constitutional threshold question, Chris. The president takes action based on numerous events, including recommendations from his attorney general and the deputy attorney general’s office. He takes the action that they also, by the way, recommended. And now he’s being investigated by the Department of Justice because the special counsel under the special counsel relations reports still to the Department of Justice. Not an independent counsel. So he’s being investigated for taking the action that the attorney general and deputy attorney general recommended him to take by the agency who recommended the termination. So that’s the constitutional threshold question here. That’s why, as I said, no investigation .

WALLACE: You just said that he’s being investigated.

SEKULOW: No, Chris, I said that the — any — let me be crystal clear so you — you completely understand. We have not received nor are we aware of any investigation of the president of the United States, period.

WALLACE: Sir, you just said two times that he’s being investigated.

SEKULOW: No. The context of the tweet, I just gave you the legal theory, Chris, of how the Constitution works. If, in fact, it was correct that the president was being investigated, he would be investigating for taking action that an agency told him to take. So that is protected under the Constitution as his article one power. That’s all I said. So I appreciate you trying to rephrase it, but I’m just being really direct with you, Chris. This is — let me be . . .

WALLACE: Wait a minute — wait a minute. Jay, and it’s not — Jay, it’s not just being investigated for firing Comey. There’s also the question of what he said to Comey when Comey was still the FBI director. So there’s more than just the fact that he fired Comey.

SEKULOW: He — Chirrs, let me be clear, you asked me a question about what the president’s tweet was regarding the deputy attorney general of the United States. That’s what you asked me. And I responded to what that legal theory would be. So I do not appreciate you putting words in my mouth when I’ve been crystal clear that the president is not and has not been under investigation. I don’t think I can be any clearer than that.

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