James Duane doesn’t think you should ever talk to the police. Not just, “Don’t talk to the police if you’re accused of a crime,” or, “Don’t talk to the police in an interrogation setting”—never talk to the cops, period. If you are found doing something suspicious by an officer (say, breaking into your own house because you locked yourself outside), you are legally obligated to tell the cop your name, and what you’re doing at that very moment, the author says in vice.coml
Duane, a professor at Virginia’s Regent Law School, gave a lecture about the risks of talking to the police that was filmed and posted to YouTube.
OUR FREE OPINION
We couldn’t agree more with the proposition that you should never talk to the police or any other person associated with a possible prosecution under any circumstances.
Martha Stewart learned this lesson the hard way—she thought she could speak with the feds without a lawyer. She was convicted of lying to a federal agent and acquitted of the charge she was being investigated for—insider trading. There are numerous other examples where people think they can outsmart the police.
Donald Trump should not talk with the special prosecutor regardless of his belief that he cannot be harmed by doing so. It doesn’t matter whether he is entirely innocent of wrongdoing. There is no advantage to be gained by submitting to such questioning, only potential lethal pitfalls.
While it is possible that Trump’s refusal to meet with Mueller could trigger a Grand Jury subpoena, that would be a better venue since the President would be safeguarded by due process. He would also avoid the word-twisting of the prosecutor and potential collateral problems that could morph into criminal charges. His lawyers should not let him talk to the prosecutor.