Mueller doesn't plan to indict Trump because of DOJ rules, Giuliani says

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Katyal repeated Wednesday that the rules “permit Mueller to depart from DOJ policy.”

Referring to Deputy Attorney General Rod Rosentein, who is acting as attorney general in the context of the Russia investigation because Attorney General Jeff Sessions recused himself, Katyal said on MSNBC’s “All In With Chris Hayes”: “The way to do this is to ask the acting attorney general, so he does have a way forward.”

Giuliani, meanwhile, suggested Wednesday that Mueller may not even interview Trump.

“I don’t think they need an interview, particularly if the interview is only for the purpose of giving explanations again that the president has already given,” he said.

Giuliani said Mueller’s office has not responded to questions that Trump’s team has about a possible interview. He said those inquiries included issues like: “Why do they need an interview, what kind of questions, when are you going to resolve the investigation, show us the authority.”

On Tuesday, Giuliani told NBC News that he had spoken by phone with lawyers for the special counsel’s office and that talks about a potential presidential interview were in a “holding pattern.”

On Wednesday, he also called on Mueller ahead of the one-year mark of the investigation on Thursday to “get it over with.”

The special counsel’s office had no comment.

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