Opinion by Greg Sargent @ The Plum Line @ WashingtonPost.com, July 24

Rudy Giuliani, who is rumored to be President Trump’s lawyer, has rolled out a new set of demands that must be met in exchange for Trump agreeing to an interview with special counsel Robert S. Mueller III. But in so doing, Giuliani has inadvertently shed light on the weakness of Trump’s political position, in the face of a coming confrontation with Mueller and, looming behind that, the midterm elections.

In an interview with the Wall Street Journal, Giuliani said Trump’s team has submitted a new offer to Mueller: Trump will agree to a sit-down with the special counsel, but it wants questions about obstruction of justice, and Trump’s firing of former FBI director James B. Comey, to be off the table: [....]

By invoking Article II of the Constitution as the reason Trump should not be questioned by Mueller, Giuliani appears to be saying Trump cannot be legally liable for obstruction of justice by definition. He can fire members of his administration at will, and as the head of the executive branch, he has control over all Justice Department investigations, including into himself. Therefore, there is no reason for Mueller to question him about such actions.

This roughly matches the theory laid out in that recent memo by Trump’s lawyers, which asserted that as “chief law enforcement officer,” Trump’s actions can “neither constitutionally nor legally constitute obstruction,” and that “he could, if he wished, terminate the inquiry” into himself. There is a separate question over whether a sitting president can be indicted for obstruction while in office [....]