President Trump's lawyers are preparing a rebuttal to any negative report issued by special counsel Robert Mueller following the DOJ's probe into Russian collusion with the Trump campaign, reports the Daily Beast following an interview with Trump attorney Rudy Giuliani.
Part of the rebuttal, says Giuliani, would focus on whether the "initiation of the investigation was...legitimate or not."
According to Giuliani, the bulk of the report will be divided into two sections. One section will seek to question the legitimacy of the Mueller probe generally by alleging “possible conflicts” of interest by federal law enforcement authorities. The other section will respond to more substantive allegations of Trump campaign collusion with Russian government agents to sway the 2016 election, and obstruction of justice allegations stemming from, among other things, the president’s firing of former FBI director James Comey. -Daily Beast
The latter section of the rebuttal will focus on Deputy Director Rod Rosenstein's mandate when he ordered the Mueller's investigation - though Giuliani admits he has no idea what the final report will consist of.
“Since we have to guess what it is, [our report so far] is quite voluminous,” Giuliani said, claiming that he would spend much of this weekend “paring it down” and that he was editing the document created by the “whole team.”
"The first half of it is 58 pages, and second half isn't done yet…It needs an executive summary if it goes over a hundred" -Daily Beast
In other words, Mueller has fair warning that the Trump administration intends to fight this tooth and nail.
The Weekly Standard's Eric Felton offered this last month:
Appellate and constitutional lawyers David B. Rivkin, Jr. and Elizabeth Price Foley recently made a compelling case that the political bias among the FBI agents working on “Crossfire Hurricane” renders illegitimate everything flowing from that investigation. If “Crossfire was politically motivated then its culmination, the appointment of a special counsel, inherited the taint,” Rivkin and Foley wrote in the Wall Street Journal. “All special-counsel activities—investigations, plea deals, subpoenas, reports, indictments and convictions—are fruit of a poisonous tree, byproducts of a violation of due process.” Rivkin and Foley add: “That Mr. Mueller and his staff had nothing to do with Crossfire’s origin offers no cure.” -Weekly Standard
In June, David Rivkin opined on the "Fruit of the poisonous tree" argument against Mueller in the Wall Street Journal:
Given the paucity of evidence, it’s staggering that the FBI would initiate a counterintelligence investigation, led by politically biased staff, amid a presidential campaign. The aggressive methods and subsequent leaking only strengthen that conclusion. If the FBI sincerely believed Trump associates were Russian targets or agents, the proper response would have been to inform Mr. Trump so that he could protect his campaign and the country.
Suffice to say, if Mueller tries to take Trump out, Trump will go down swinging.
Meanwhile, Trump is now referring to the special counsel probe as an "illegal investigation."
“I view it as an illegal investigation.— Jennifer Jacobs (@JenniferJJacobs) August 30, 2018
“I’m not saying anything—I’m just telling you this: You read the great scholars, the great legal—there should have never been a special counsel,” Trump told @margarettalev and me, referring to Special Counsel Robert Mueller’s probe.