Mueller: Trump is not a criminal target of probe at this point
WASHINGTON — Special Counsel Robert Mueller informed President Donald 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.
Mueller’s description of the president’s status has sparked friction within Trump’s inner circle as his advisers have debated his legal standing. The president and some of his allies seized on the special counsel’s words as an assurance that Trump’s risk of criminal jeopardy is low. Other advisers, however, noted that subjects of investigations can easily become indicted targets.
John Dowd, Trump’s top attorney dealing with the Mueller probe, resigned last month amid disputes about strategy, according to a Trump friend.
Trump’s chief counsel, Jay Sekulow, and Dowd declined to comment for this report. White House press secretary Sarah Huckabee Sanders referred questions to White House attorney Ty Cobb.
Peter Carr, a spokesman for the special counsel’s office, declined to comment.
The wide-ranging special counsel investigation, which began as an examination of Russia’s interference in the 2016 election, has expanded into other areas, including whether Trump sought to obstruct the Russian probe.
Mueller’s investigators have indicated to the president’s legal team that they are considering writing reports on their findings in stages - with the first report focused on the obstruction issue, according to two people briefed on the discussions.
Under special counsel regulations, Mueller is required to report his conclusions confidentially to Deputy Attorney General Rod Rosenstein, who has the authority to decide whether to release the information publicly.
“They’ve said they want to write a report on this — to answer the public’s questions — and they need the president’s interview as the last step,” one person familiar with the discussions said of Mueller’s team.
Trump’s attorneys expect the president would also face questions about what he knew about any contacts by his associates with Russians officials and emissaries in 2016, several White House advisers said. The president’s allies believe a second report detailing the special counsel’s findings on Russia’s interference would be issued later.