can someone here explain the difference(if there is one) of testifying in front of Mueller vs

[bluestarone]

testifying in front of grand jury? which would be preferred? (thinking on tRumps lawyers here) what would be better for him?

[Old Vet]

1. IMO No way asshole wants to testify in front of 24 DC residents,

I think he should go before a grand jury myself, but iam no lawyer.

[The Velveteen Ocelot]

2. Being questioned by Mueller or his staff is an information-gathering situation.

Testifying before a grand jury could also have that purpose, but it is specifically intended to determine whether criminal charges should be brought against someone, which is what the grand jury decides. Your legal jeopardy depends on whether you are a witness, a subject or a target. In both cases, lying is a federal felony. From the point of view of the person on the hot seat (either hot seat), they are better off being questioned by Mueller because they could have their lawyer with them. People who testify before grand juries are on their own - lawyers can't be present.

[bluestarone]

5. well if tRumps lawyers tell him NOT testify with Mueller then Mueller can

issue a subpoena To testify before him or the grand jury?

[The Velveteen Ocelot]

6. If Trump won't let Mueller interview him, Mueller can subpoena him

to testify before the grand jury. Trump's lawyers are idiots if they let it go that far. Of course, any lawyer who works for Trump almost has to be an idiot (most of the more reputable law firms turned him down).

[bluestarone]

9. that could get interesting rt????

[brush]

19. In whatever situation he testifies he'd better not lie, but that's like asking a fish not to swim.

Mueller knows way more than trump thinks and way more than what trump's lawyers know.

He's fucked even if his testimony is not under oath.

[crazylikafox]

3. He is only under oath before a grand jury, & he can't have his lawyer with him.

In front of Mueller, he can bring his attorney, and he's not under oath. However, it's illegal to lie to the FBI, so he would be prosecuted for lying anyway.

I'm not an expert in this, so I may be incorrect.

[The Velveteen Ocelot]

8. That's correct. Lying to Mueller is lying in a federal criminal investigation,

and it's a felony. No significant difference.

[Major Nikon]

13. Hed still be under oath

He could take the 5th, but not in front of GJ.

[The Velveteen Ocelot]

20. You can take the 5th even if testifying at a grand jury.

That's a constitutional right that applies in all federal proceedings. However, the exclusionary rule, which states that evidence obtained in violation of the 4th, 5th or 6th amendments can't be introduced at a trial, does not apply to some evidence presented to a grand jury.

[brooklynite]

4. You don't testify to a Grand Jury, unless charges are being filed.

[bluestarone]

7. i guess i understood wrong that if tRump refused Mueller he could be subpoenaed

to Grand jury?

[The Velveteen Ocelot]

10. That's not correct. You can be a witness or a subject as well as a target.

A lot of people who are not in any kind of legal jeopardy testify before grand juries, often voluntarily.

[bluestarone]

11. i'm confused doesn't this contradict #6

[The Velveteen Ocelot]

14. Not at all.

The purpose of a grand jury is to decide whether there is sufficient evidence that someone has committed a crime, to take the matter to trial. They do this by questioning three categories of people: those who could be percipient witnesses (they know relevant facts but are not believed to have committed any crime), subjects (people who might be involved in the sense that their conduct is believed to be within the scope of the grand jury's investigation, or targets (people as to whom there is substantial evidence linking them to a crime). Any of these people can be subpoenaed if they decline to appear voluntarily. If the grand jury finds there is enough evidence of the crime to go to trial, they will issue a true bill of indictment.

[bluestarone]

15. TY! one more thing please

Can tRump take the 5th at the Grand Jury? I'm sure he could in front of Mueller rt?

[The Velveteen Ocelot]

16. Yes, everyone has that constitutional right.

[bluestarone]

12. sry i thought you were responding to me MY BAD

[pnwmom]

17. In front of a grand jury you don't get to have your attorney there with you.

In a conversation with the FBI, you CAN bring an attorney.

[bluestarone]

18. well then he'd be smart to go before Mueller then rt?

[The Velveteen Ocelot]

21. It would be smartER than refusing to talk to Mueller, in which case

Mueller would use a subpoena to haul his fat orange ass before a grand jury, where he couldn't have a lawyer present; he would have no control over the scope of the questions asked of him; and would have to answer all of the questions unless he invoked his 5th Amendment rights - which would be politically disastrous.