Trump lawyer Giuliani calls for Mueller to be investigated for ‘destruction of evidence’

Comments are latest in series of attacks on special counsel

Donald Trump’s lawyer Rudy Giuliani has called for Robert Mueller to be investigated for alleged destruction of evidence – the latest effort from the White House to undermine the special counsel’s probe of the 2016 election.

As Washington readies itself for the anticipated completion of Mr Mueller’s report into Russia’s alleged interference in the election and possible collusion with the Trump campaign – some believe it will come in February – the White House has stepped up its attempts to discredit any findings.

In his latest barracking of Mr Mueller, Mr Giuliani said he should himself be investigated for the alleged destruction of evidence. He said that Mr Mueller should be probed for permitting text messages between ex-FBI agents Peter Strzok and Lisa Page – former members of the special counsel’s team who were fired after the publication the texts revealed possible anti-Trump messages – to be erased.

The Hill said a report by the department of justice’s inspector general found large gaps in the preservation of Mr Strzok and Ms Page, who were present in the early part of the investigation and who were involved in a relationship. The report said a technical glitch was to blame for the FBI’s failure to save those text messages but was able to recover more than 19,000 from the early part of the Russia probe before Mr Mueller was named special prosecutor in the age of Mr Trump’s firing of FBI director James Comey.

Mr Giuliani told the outlet that Mr Mueller needed to be probed himself.

“Mueller should be investigated for destruction of evidence for allowing those text messages from Strzok to be erased, messages that would show the state of mind and tactics of his lead anti-Trump FBI agent at the start of his probe,” Mr Giuliani said. “That should be investigated, damn it, that should be investigated fully. You want a special counsel, get one for that.”

Asked if he felt the erasure of the messages was deliberate, Mr Giuliani referred to the destruction of a Watergate-era recording by Richard Nixon’s loyal secretary.

“It’s actually worse than Rose Mary Woods,” he explained. “She erased less than 19 minutes of conversation, but the FBI got rid of more than 19,000 messages [and the messages from the time Strzok and Page worked for Mueller are lost forever].”

Mr Trump has also been scornful of Mr Strzok and Ms Page.

In an interview with The Hill in September, Mr Trump said the behaviour of the agents was “very, very sad for our country”.

“We have tremendous support by the way, to expose something that is truly a cancer in our country,” Mr Trump added. “When you look at the FBI, you know you have eight people or so fired now.

Mr Giuliani said prosecutors should be investigated for using the Christopher Steele dossier, which he termed a “piece of garbage”, to justify a search warrant on a Trump advisor without telling the court it was paid for by Hillary Clinton’s campaign. The dossier was actually the result of opposition research work initially paid for by conservative donor Peter Singer, owner of the Washington Free Beacon. The Clinton campaign picked up the tab after Mr Trump won the Republican nomination.

Mr Giuliani’s comments are simply the latest attempt to undermine the work of Mr Mueller, something Mr Trump has dismissed as a “witch hunt”. Earlier this month, Mr Giuliani, a former New York mayor, said Mr Trump would agree to be interviewed by Mr Mueller “over my dead body”.

While Mr Trump recently provided Mr Mueller’s team written answers to a series of questions, CNN said the special prosecutor was still interested in an in-person interview.

Mr Giuliani told Fox News: “Yeah, good luck, good luck – after what they did to [Michael] Flynn, the way they trapped him into perjury, and no sentence for him.”

He added: “Over my dead body. But you know, I could be dead.”

Mr Giuliani also attacked Mr Mueller’s investigation, saying the probe was a “joke”.

“I am disgusted with the tactics they have used in this case,” he said. “What they did to Gen Flynn should result in discipline. They’re the ones who violated the law. They’re looking at a non-crime, collusion.”

Earlier this month, Mr Mueller’s team recommended Michael Flynn, a 60-year-old former general, who last year pleaded guilty to one charge of lying to the FBI over his contacts with Russian officials, among them Russia’s former US ambassador Sergey Kislyak, had been so cooperative he should not go to jail. His sentencing has been postponed until 2019.

To date, Mueller’s team has charged four Americans once affiliated with Trump’s campaign or administration – Michael Flynn, Rick Gates, Paul Manafort and George Papadopoulos. Also, 13 Russian nationals, 12 Russian intelligence officers, three Russian companies, and two other people have also been charged. Michael Cohen, Mr Trump’s former personal lawyer, was recently sentenced to three years in jail for making hush money payments to two women on behalf of Mr Trump on the eve of the election.

While Cohen was charged by prosecutors separate to the Mueller team, he spent more 70 hours cooperating and providing witness testimony to the special counsel.