Turley: Giuliani-Hannity Interview 'Caused Some Damage' for Trump

Former assistant U.S. attorney Andrew McCarthy said Friday that the Justice Department must require Special Counsel Robert Mueller to show evidence of a crime before an interview with President Trump. 

“They should not, at the Justice Department, allow Mueller to even request an interview unless they can show that there is a serious crime, that President Trump is somehow complicit in it and that President Trump has information that the special counsel can't get from any other source," McCarthy said.

"If they can't show those things, the Justice Department should not allow Mueller even to request an interview."

According to a report, Mueller told Trump's legal team that he could subpoena the president to appear before a grand jury if Trump refuses an interview.

It appears to have been the first time Mueller raised the possibility of compelling Trump to testify as part of his investigation into allegations of collusion between the Trump campaign and Russian officials ahead of the 2016 election.

This comes after a lengthy list of questions Mueller wants to ask Trump was leaked earlier this week.

McCarthy said Mueller certainly has the power to subpoena Trump, but whether Trump would actually testify is another matter.

"If it gets to that point, the president has executive privilege, and I assume he would assert it. And then it would become a question of could Mueller show what needs to be shown before he could coerce the president into testifying,” McCarthy explained on "Fox & Friends."

Watch the analysis above.

Cavuto to Trump: 'How Can You Drain the Swamp if You Keep Muddying the Waters?'

Shep: Why Did Giuliani Raise Prospect of Mueller Investigating Ivanka Trump?

Tomi Lahren to Conservatives, Trump Supporters: 'Don't Attach Yourself to Kanye'