Trump not target of probe
Despite recent disclosure, president still person of interest to federal investigators
WASHINGTON—Special counsel Robert Mueller’s team of prosecutors has informed President Donald Trump’s attorneys that the president is not currently considered a criminal target in the Russia investigation, according to a person familiar with the conversation.
The person, who was not authorized to speak publicly about private conversations and spoke on condition of anonymity, told The Associated Press on Wednesday that the president is considered a subject of Mueller’s probe—not a target. A subject is typically someone whose conduct is of interest to investigators but prosecutors are not certain they’ve gathered enough evidence to bring charges.
The designation could change at any time, though. The development was first reported Tuesday by The Washington Post.
Trump’s designation as a subject came up as prosecutors and the president’s legal team negotiate the terms of an interview with him. The president has said he wants to speak with Mueller’s team, but his lawyers have not publicly committed to allowing the questioning.
Trump attorney Jay Sekulow declined to confirm or discuss the conversations with Mueller.
“We do not discuss real or alleged conversations between our legal team and the Office of Special Counsel,” Sekulow said.
White House lawyer Ty Cobb also declined to comment.
The Justice Department typically treats people involved in investigations as witnesses, subjects or targets. Mueller’s determination that Trump is a subject suggests he’s more pivotal to the investigation than a mere witness, a designation for someone who has observed events of interest.
“The government will say you’re a subject trending to witness or you’re a subject trending toward target,” said Sharon McCarthy, a former federal prosecutor in Manhattan.
Although targets tend to be people the government is gathering evidence against with the goal of prosecuting, subjects have a much looser, broader definition.
“A subject means we’re still looking at you,” McCarthy said. “You’re a person of interest in this investigation.”
Still, the import of the designation wasn’t immediately clear. It is not known, for instance, if Mueller’s office has concluded that, at the moment, there is insufficient evidence to consider Trump a target. It is also possible that prosecutors agree they are bound by a Justice Department legal opinion that contends that a sitting president cannot be indicted.