Is There a Secret Subpoena Out for President Trump

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Special Counsel Robert Mueller.

Is There a Secret Subpoena Out for President Trump

Special Counsel Robert Mueller’s court filings have been for the most part secret and under court seal, meaning virtually no one has access to it. And now, there is another filing by Mueller that has everyone talking, wondering again if the President has been subpoenaed by Mueller.

Earlier this month, I wrote a post on a discovery by Politico magazine of the possibility that a hearing has been scheduled on a Presidential subpoena for December 14 of this year. My post in its entirety can be seen below.

Mueller’s latest filing has more 3,000 words, which is massive, but again pertains to the same case. Nothing is known, other than the case number, but whomever it is, has definitely been fighting Mueller every step of the way and does reasonably lead to the speculation that maybe it involves President Trump.

A screenshot of the court filing is below.

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Alexander Hernandez, Esq.
Twitter @mcatty_alex

 

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FILE – In this June 21, 2017, file photo, former FBI Director Robert Mueller, the special counsel probing Russian interference in the 2016 election, departs Capitol Hill following a closed door meeting in Washington. (AP Photo/Andrew Harnik, File)

Did Robert Mueller Subpoena President Trump

Per President Trump, he has not received a subpoena from special counsel Robert Mueller. Considering Trump lies on average eight times a day that we know of, I won’t necessarily take him at his word.

Jay Sekulow, one of Trump’s attorneys, also said President Trump has not received a subpoena, as well as Rudy Giuliani. Okay, that’s three people whose word I’m not going to believe  and even then, since this would be sealed grand jury subpoena, they wouldn’t be able to say otherwise anyway.

However, I cannot ignore the piece written by former White House Counsel and federal prosecutor who worked for Rudy Giuliani, Nelson Cunningham who says that yes, Trump did receive a subpoena.

In Cunningham’s article, he goes step-by-step on how he believes a subpoena has been issued. To be clear, a President can be subpoenaed with ongoing litigation as a sitting President. We saw that with former President Bill Clinton and the Ken Star investigation of Monica Lewinsky. But, that was a civil matter, this is a criminal investigation.

In addition, it should be noted that no U.S. President has ever asserted his Fifth Amendment right against self-incrimination. Talk about bad optics, especially since Trump has said before who pleads the Fifth unless they are guilty and in the mob.

Cunningham predicts that Mueller will in fact subpoena the President, again, unchartered territory, and if true, it no doubt will lead to lengthy litigation, but it doesn’t mean it can’t happen and if Mueller believes he has the standing to do so based on his investigation, then he is legally and ethically obligated to do so.

The Timeline

On August 15, Giuliani said Trump would move to quash a subpoena and even said “we’re pretty much finished with our memorandum opposing a subpoena.”

Freudian slip? Why is he writing a memorandum if a subpoena hasn’t been issued in the first place?

Giuliani was always in a rush to finalize Mueller’s probe, although I’ve said the complete opposite, and Giuliani had even invented a Labor Day cutoff (see prior posts below).

Cunningham makes note that up to and past Labor day, Giuliani has been quiet. Why? Because the midterm elections are here and no matter what Mueller’s investigation reveals, it could affect the results. Mind you, many claim Mueller, a lifetime Republican is partisan, and yet, he is not revealing his results until after the elections. Seems non-partisan to me.

I’ll take it a step further; I’ve predicted that what Mueller has, will definitely influence the midterms and most likely in favor of the Democrats, and so as to not have the legitimacy of his investigation questioned, Mueller decided to hold off even though he has no obligation to do so.

The day after Giuliani’s memorandum statement, there were docket entries on a sealed grand jury case that went before Chief Judge Beryl A. Howell who ruled on the matter and within five days had his decision appealed even though the other side has thirty days to file an appeal. They moved quickly which is not the norm. Maybe the appeal was being prepared before the case was even heard just in case?

After that, the case continued to move quickly even though thre were procedural errors, dismissals, more appeals, and requests for expedited hearings. Oral arguments are scheduled for December 14.

Now to be very clear, Cunningham’s conclusions are based on experience and reading between the lines. Maybe it is Trump, maybe it isn’t, but oddly enough, there was the unusual request to have all ten D.C. Circuit judges review a court order that resulted in one judge recusing himself which is usually due to a conflict of interest. That judge was Gregory Katsas who was appointed by President Trump and worked for Trump as a deputy White House counsel.

Katsas at his confirmation hearing had said he was not involved in any way with the Mueller investigation, and thus, knows nothing about it, but by the same token then there would be no conflict of interest.

The funny thing is that lately there has been lots of talk of what is called the Nixon roadmap to impeachment based on new documents that were released by the National Archives. People have been looking towards that “roadmap” for any similarities to Trump’s case.

Well, in the Supreme Court decision of United States v. Nixon, Justice Rehnquist recused himself for these very same reasons.

The full article on Politico can be found via this link.

Alexander Hernandez, Esq.
Twitter @mcatty_alex

Comments and opinions always welcomed

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