Barbara McQuade and Maya Wiley easily shredded former Trump campaign aide Sam Nunberg for insisting he can refuse to comply with the special counsel's subpoena.
Former Trump campaign aide Sam Nunberg already had a series of highly revealing on-air meltdowns on Monday. And later that day, two prosecutors took him apart for insisting he can defy special counsel Robert Mueller’s subpoena.
Nunberg, who was fired from the campaign for racist Facebook posts, stood by his decision to defy the subpoena when MSNBC’s Ari Melber invited him on to discuss it.
Nunberg claimed Mueller’s lawyers were “biased against [former Trump adviser] Roger [Stone],” who was “like a surrogate father” to him. And he claimed the subpoena was “ridiculous” and that he refused to let them set a “perjury trap.”
But prosecutor and former counsel to the Mayor of New York City Maya Wiley tore his argument to shreds.
“No, it’s not ridiculous, Sam,” said Wiley. “If you had e-mail exchanges with him during the period that is under investigation, with people who have clearly been implicated in some way, that doesn’t mean they’ve committed a crime, but clearly have been implicated in transactions that relate to understanding whether there was a violation of federal law here.”
She added that under those circumstances, “it is a completely reasonable request to ask for those e-mails.”
Barbara McQuade, a former U.S. Attorney for the Eastern District of Michigan, further demolished Nunberg’s stance. And she pointed out that he simply has no leg to stand on in his refusal to comply with the subpoena.
People may object to a grand jury subpoena “if they have some sort of privilege, like a Fifth Amendment privilege against self-incrimination, attorney-client, spousal privilege, or the like.” They can file a motion with the court “if they believe that the request is unduly burdensome.”
“But other than those circumstances,” McQuade concluded, “if a witness refuses, then I do think they face contempt of court and possible jail.”
“I’m not going to jail,” scoffed Nunberg. “Come on, Ari. Do I look like I’m going to jail?”
For all of his complaints, he simply seems to have no idea how the law works. And these two prosecutors easily blew his argument apart.
Whether or not Nunberg believes he can go to jail, it is clear that knowledgeable attorneys disagree. He may want to stop talking and listen up.