This was about to get buried in the thread about Italian bridges thread since people in O'T are so fixated about Trump they can't deal with other issues. But someone wondered why Trump won't meet with Mueller, something he has no obligation to do, and as was pointed out, no defense attorney would allow (I'm assuming that is correct, since I'm not a criminal lawyer). (Note, Clinton was served subpoenas and then agreed to meet with Starr and his staff at the White House).
But that begs the question as to why Mueller simply will not subpoena Trump to testify before the grand jury to compel his testimony? Given that Trump's lawyers have argued (incorrectly?), that a sitting President cannot be subpoenaed to the grand jury, it may be that Mueller wants to avoid the protracted litigation that would erupt concerning the legality/enforceability of such a subpoena, and further, that is a set-up for an attack on Mueller that he has exceeded his authority to the extent he wants to ask the President about matter not directly related to the Russians influencing the election (which gets it down to basically asking Trump Sr. knew about the Trump Tower meeting and arguably, why did he fire Comey, and not much else (so things that Mueller looked at with Stormy Daniels or Mike Cohen, now become off topic). Remember also that Justice has said publicly that Trump is not a target of Mueller's investigation, so the courts may not be so easily swayed.
Another possibility is that as the evidence developed, Trump may have moved to being a "target." If this is the case, then Department of Justice policies would prevent using a grand jury subpoena to compel Trump Sr. to testify, and the subpoena is a set-up for a refusal to answer questions to any grand jury based on privileges (Trump would assert executive privilege and if Mueller went to court, he probably loses because the court says we don't even have to rule o executive privilege since the 5th amendment right against incrimination applies to a target, so who cares what he asserted?). In that regards, there are a number of relevant players who conspicuously have not been subpoenaed (as far as we know) including Manafort, Gates before he was indicted, Roger Stone, Kushner, Trump Jr. and president Trump.
So where does that leave Mueller if Trump Sr. is a target? Mueller will have gather as much evidence that he can reach informed conclusions about how to proceed without securing the president's testimony. That may not be such a big deal depending on what information Mueller is able to glean from lower level players. In any event, there is a strong possibility Trump may never be questioned by Mueller outside a trial.
But that begs the question as to why Mueller simply will not subpoena Trump to testify before the grand jury to compel his testimony? Given that Trump's lawyers have argued (incorrectly?), that a sitting President cannot be subpoenaed to the grand jury, it may be that Mueller wants to avoid the protracted litigation that would erupt concerning the legality/enforceability of such a subpoena, and further, that is a set-up for an attack on Mueller that he has exceeded his authority to the extent he wants to ask the President about matter not directly related to the Russians influencing the election (which gets it down to basically asking Trump Sr. knew about the Trump Tower meeting and arguably, why did he fire Comey, and not much else (so things that Mueller looked at with Stormy Daniels or Mike Cohen, now become off topic). Remember also that Justice has said publicly that Trump is not a target of Mueller's investigation, so the courts may not be so easily swayed.
Another possibility is that as the evidence developed, Trump may have moved to being a "target." If this is the case, then Department of Justice policies would prevent using a grand jury subpoena to compel Trump Sr. to testify, and the subpoena is a set-up for a refusal to answer questions to any grand jury based on privileges (Trump would assert executive privilege and if Mueller went to court, he probably loses because the court says we don't even have to rule o executive privilege since the 5th amendment right against incrimination applies to a target, so who cares what he asserted?). In that regards, there are a number of relevant players who conspicuously have not been subpoenaed (as far as we know) including Manafort, Gates before he was indicted, Roger Stone, Kushner, Trump Jr. and president Trump.
So where does that leave Mueller if Trump Sr. is a target? Mueller will have gather as much evidence that he can reach informed conclusions about how to proceed without securing the president's testimony. That may not be such a big deal depending on what information Mueller is able to glean from lower level players. In any event, there is a strong possibility Trump may never be questioned by Mueller outside a trial.
