According to the Washington Post, Robert Mueller says President Trump is not “a criminal target at this point.” The Post’s anonymous sources claim that the special counsel has conveyed that assurance to the president’s private attorneys.
That is good news for Trump. After all, between Mueller’s Gang of 17 alpha-prosecutors and the sundry scores of Justice Department lawyers and federal agents who were at this long before Mueller was appointed, the Russia investigation has been going on for nearly two years. By now, you would think that the focus of that effort would have become the formal “target” if there were any there there.
The president shouldn’t get too giddy, though. It’s nice not to be designated a target, but then there are those three little words, at this point.
Mueller is still investigating.
Let us revisit the “What’s My Client’s Status?” lesson in Investigations 101, the course we took during the Clinton-emails caper — in which no one’s status mattered much since, unlike in Mueller’s probe, no one was ever going to be charged.
In every investigation, a prosecutor drops relevant people in one of three buckets: target, subject, and witness. The two extremes are the easy ones to grasp. A “target” is virtually certain to be charged with a crime. A “witness” has relevant knowledge but is not suspected of any wrongdoing — think of the victim in a robbery. A defense lawyer always hopes the prosecutor will think of his client as a mere witness. While “target” is clearly the worst-case scenario, at least your choices are clear: Either cut a plea deal or fight the case at trial — no target is going to talk his way out of being charged.
“Subject” is the fuzzy category. A “subject” is someone whose behavior is being evaluated by the prosecutor and the grand jury. Usually, there is not enough evidence to charge . . . yet. As long as the investigation continues, a subject can become a target, and then a defendant, at any moment.