Trump not a "target." Question for federal criminal attorneys.

[TomSlick]

I have a question, or maybe a theory, about the report that Mueller has told Trump's lawyers that he is not presently a "target."

Might that only mean that Mueller does not intend (at least for now) to seek an indictment? For instance, if Mueller has concluded a sitting President cannot (or ought not) be indicted but intends to report criminal activity in his report to Congress, would that explain this report?

Extension on edit: The guests on Chris Hayes were just advancing my theory, so maybe I'm not too far out there.

[Xipe Totec]

1. He's just a collection of concentric circles in an alternating red and white pattern. nt

[BigmanPigman]

2. Bulls eye!

[Xipe Totec]

7. If we hit that bullseye the rest of the dominos will fall like a house of cards

Checkmate

[The Velveteen Ocelot]

3. It doesn't really mean that much because subjects can turn into targets.

According to the DOJ Handbook, a “subject” is “a person whose conduct is within the scope of a grand jury’s investigation.” A subject is somewhere between a target and a witness. A subject has engaged in conduct that may look suspicious or unethical, but the prosecutor isn’t certain that a provable crime has been committed and wants to do more investigating in order to be sure. The fact that someone is a subject and not a target means only that at this particular time they don't have enough evidence to call him a target (someone as to whom the prosecutor or Grand Jury has substantial evidence linking him to the commission of a crime). It does not mean they are off the hook. If more evidence is developed his status could change from subject to target. It would appear that notifying Trump that he is not a target at this time might be a way to persuade him to agree to an interview with Mueller.

[TomSlick]

5. I appreciate that a "no target" letter is not worth much but

Mueller strikes me as a really stand-up kinda guy. I don't think he would intentionally mislead.

I also suspect that Mueller would accept the current DoJ position that a sitting President cannot be indicted - only impeached. If Meuller doesn't intend to impeach but only report to Congress, then Trump is not a "target." It may be a tad over-lawyerly but that's my theory.

[The Velveteen Ocelot]

6. I don't think he's misleading at all.

He probably doesn't have enough evidence to issue a target letter - but he might be hoping to get that evidence by interviewing Trump, who will lie his head off.

[madaboutharry]

4. Chris Hayes just spoke with a former DOJ prosecutor

who is now a criminal defense attorney. He told Chris that that status can change an hour later and should be of no comfort to Trump or his lawyers.

[Leghorn21]

8. *NO COMFORT FOR YOU, ASSHOLE* - thanks for posting, madabout!!

I have no clue wth is going on, but I like what yer sayin!!

[fierywoman]

9. I can't wait for the "I'm not a target" gleeful tweet. n/t

[TomSlick]

10. Seems inevitable - if stupid.

Oh wait, that's inevitable too.

[bdamomma]

11. Things may turn

he (don the con) could end up being a target, if they let their guard down. Could it happen??

[TomSlick]

12. That much I'm clear on.

A "subject" can get a "not a target" letter today and become a target tomorrow.

[bdamomma]

14. please

let it happen, may be they are setting him up for a fall.....I can only wish.

[GallopingGhost]

13. Not an attorney,

but Mueller told this to 45's attorneys last month, apparently. Just because he wasn't a target at that time doesn't mean he isn't one now. Mueller told them Twitler wasn't "currently" a criminal target. Important word.

If Twitler is drawing a huge sigh of relief, he shouldn't be, although he'll be tweet-ranting shortly like the madman he is about how he's been completely exonerated.

[TomSlick]

15. Agreed.

On all points.

[HipChick]

16. Oh wait...did the Washington Post break this scoop?

May he go straight to target

[tblue37]

17. Emphasis added:

"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. . . ."

More:

"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."

He is collecting that evidence. He knows that when you go at the "king," you have to make sure to strike true, because you don't get a second chance.

[Cha]

18. Public Enemy #1 has been Obstructing

Justice in Plain Sight.

[EffieBlack]

19. Once he names him as a target, Mueller loses a little flexibility

Trump may gloat, but he's just whistling in the wind.

[TomSlick]

20. Or whistling past the grave yard - I hope.