Trump Remains In Legal Peril Regardless Of Whether He Is A Subject Or Target Of Mueller’s Probe

The Washington Post reports that Donald Trump is a subject, not a target of Mueller’s Probe. From their report:

Special counsel Robert S. Mueller III informed President Trump’s attorneys last month that he is continuing to investigate the president but does not consider him a criminal target at this point, according to three people familiar with the discussions.

In private negotiations in early March about a possible presidential interview, Mueller described Trump as a subject of his investigation into Russia’s interference in the 2016 election. Prosecutors view someone as a subject when that person has engaged in conduct that is under investigation but there is not sufficient evidence to bring charges.

The special counsel also told Trump’s lawyers that he is preparing a report about the president’s actions while in office and potential obstruction of justice, according to two people with knowledge of the conversations.

Mueller reiterated the need to interview Trump — both to understand whether he had any corrupt intent to thwart the Russia investigation and to complete this portion of his probe, the people said.

While some Trump supporters are taking this as vindication, it does not mean very much. I’ll start with the response from a conservative columnist to avoid questions of partisan bias. From Jennifer Rubin:

In other words, he is under investigation. On the way out the door after an interview with Mueller, he could be informed that he has just become a target. In other words, the “subject but not a target” designation is at best for Trump meaningless and at worst a sign he’s in jeopardy at any moment of becoming a target. There is a further complication here. Under the Justice Department’s current Office of Legal Counsel memo, a sitting president cannot be indicted; in other words, he cannot be charged — hence is not a target — until he leaves office. Jed Shugerman of the Fordham University School of Law agrees that, most likely, “all it means is Mueller probably has no intention of indicting a sitting president (who thus is not a target).”

The most frightening news for Trump (if he was paying attention) is confirmation that Mueller will write out a report, even before his full investigation is complete, likely making the case that Trump has obstructed justice. That could then be made public by Deputy Attorney General Rod J. Rosenstein and used by Congress — in all likelihood only if Democrats win one or both chambers — to commence impeachment proceedings.

Trump might not be a target because Department of Justice policy is that a sitting president cannot be indicted. There is also no guarantee that Trump’s status will remain the same. Mueller could take Trump’s statement (in which it is very possible Trump will commit perjury), and then turn around and say that he is now a target. Even if Trump remains safe from being a target of criminal prosecution, this might only apply while he is still in office. If Mueller is planning to prepare a report which it sounds like could accuse Trump of obstruction of justice, this could also be used by Congress to both further investigate Trump and initiate impeachment proceedings. Of course this is unlikely to matter unless the Democrats take control of the House.

While there remains no  evidence to support Clinton’s claims of collusion between Trump and Russia which altered the election results, there are plenty of matters which could be uncomfortable for Trump, including  money laundering, tax evasion, and obstruction of justice. If Congress takes up such investigations, this could also lead to the public release of those tax returns which Trump has been trying so hard to hide.

More at Outside The Beltway, Vox, and Popehat.

Be Sociable, Share!

Leave a comment