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Click on tweet to read 50 reply tweet storm spelling out exactly what Trump is facing now.
- v7: still a NOTHINGBURGER edition
- v6: Mueller probing Trump Business
- v5: Donald Trump Jr.’s Russia email scandal shakes the presidency, v5: Nothing Illegal
- v4: Donald Trump Jr.’s Russia email scandal shakes the presidency, v4: Cover of TIME
- v3: Donald Trump Jr.’s Russia email scandal shakes the presidency, v3: Trump fixated on leakers
- v2: Donald Trump Jr.’s Russia emails shake the presidency ***UPDATE: Gowdy Excoriates Trump***
- v1: Don Jr., Kushner, and Manafort met with Kremlin lawyer in June: Don Jr. confirms meeting.
http://www.politico.com/magazine/st...ury-trump-russia-mueller-investigation-215458
A grand jury, which consists of 16 to 23 people, is an important tool that allows prosecutors to issue subpoenas that require people to produce documents and other evidence. Subpoenas can also be used to compel people to testify under oath before the grand jury. You can expect Mueller and his team to issue many subpoenas in the months ahead.
Because grand jury subpoenas are an important prosecutorial tool, typically a grand jury is impaneled at the very beginning of an investigation, not at the end. Indictments are usually sought at the very end of an investigation, after all of the witnesses are questioned and all of the documents are obtained. So despite all the punditry on cable news, there’s no suggestion here that Mueller is closing in on any particular target, such as the president. In all likelihood, he’s just getting started.
It is possible, though, that as a starting point Mueller will eventually seek an indictment of a lower-level figure in or around Trump’s campaign. Sometimes, when prosecutors are facing obstacles in obtaining evidence, they seek an indictment of one individual or a group of individuals prior to completing their investigation, if they believe that those individuals might cooperate with the government and provide evidence. Otherwise, decisions about who to charge are left to the very end of the investigation.
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One quirk of grand juries could be significant. When a witness testifies under oath before the grand jury, no one else is permitted to be present other than the prosecutor and the grand jurors. The witness is not even allowed to have a lawyer present, and the normal rules of evidence that limit questioning in a trial do not apply. For that reason, when witnesses receive a grand jury subpoena, their lawyer often asks the prosecutor to agree to permit the witness to be interviewed by the prosecutor and an FBI agent with the lawyer present. The FBI agent’s presence would make it a crime to lie during the interview—creating the risk of Trump or one of his associates committing a crime through their words—but the lawyer would be present and could assist the witness.
That said, interviews are not typically transcribed, even though the FBI agent prepares a report memorializing the interview. For that reason, when it is important for a prosecutor to pin down a witness’s testimony, the prosecutor will insist that the witness testify under oath before the grand jury. For example, President Bill Clinton testified before a grand jury in the investigation by independent counsel Kenneth Starr—who later accused Clinton of providing “perjurious, false and misleading testimony,” leading to his impeachment by the Republican-led House of Representatives.
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That said, Thursday’s news is not surprising. Mueller has already hired 16 prosecutors—some of the most accomplished investigators ever assembled on one team. These are people with deep skills and experience in prosecuting cases on money laundering, campaign finance violations and foreign bribery, as well as a sophisticated understanding of how to handle sprawling, complex investigations like this one. If any crimes were committed, they’re likely to find out.
The evidence in the public domain was already enough to warrant an investigation, which is why Mueller was appointed in the first place. Now, the existence of a grand jury confirms what many of us presumed, which is that Mueller is conducting a wide-ranging criminal investigation. What we don’t know is what, if anything, it will uncover.
Renato Mariotti is a former federal prosecutor who handled many obstruction cases. He is now a partner at Thompson Coburn LLP.
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