Mr. Trump’s legal battle seems to be heating up as Special Counsel Robert Mueller is now considering him as a central suspect in the Russia investigation. Documents show that investigators have evidence that Trump was in close contact with his lieutenants as they made outreach to both Russia and WikiLeaks, and that they tried to conceal that evidence.
Now, it has been reported that the D.C. Circuit Court of Appeals will hear the testimony of a mystery grand jury witness on December 14, 2018. POLITICO’s Josh Gerstein tweeted:
Last month, POLITICO reported that a mystery grand jury witness had been resisting giving up information sought in the ongoing probe into alleged Trump campaign collusion with Russia. POLITICO reported:
‘It’s unclear exactly what the two sides are fighting over, but the case appears to resemble a separate legal battle involving an associate of Trump ally Roger Stone, Andrew Miller, who is fighting a Mueller subpoena. Miller’s lawyers are using the case, slated to be argued at the D.C. Circuit Court of Appeals early next month, to mount a broad legal assault on Mueller’s authority as special counsel.’
According to POLITICO:
‘In the more shadowy case, which involves an unknown person summoned before a grand jury this summer, the D.C. Circuit on Monday set a separate round of arguments for Dec. 14.’
Ted Boutrous, a Gibson Dunn & Crutcher attorney who has handled grand jury-related litigation for journalists and media organizations speculated about the case, saying:
‘The bottom line is the most likely scenario is someone filed a motion to quash or otherwise resisted a grand jury subpoena, and the judge issued an order denying that and saying the witness needs to testify.’
It is unclear specifically what arguments the circuit court will hear on December 14, or whether it involves an assertion of attorney-client privilege or some other privilege, is framed as a broader attack on Mueller’s authority, or perhaps advances both sets of arguments.
‘It’s very hard to tell from this docket.’
‘The grand jury cases pose a threat to Mueller’s investigation because they can serve as vehicles to get questions of his authority and legal legitimacy before appellate judges relatively quickly. Such questions have also been raised by defendants in some of Mueller’s criminal cases, but all the human defendants who have set foot in a courtroom have ultimately decided to plead guilty and drop any challenges to the special counsel’s authority or tactics.’
It is not uncommon for mystery cases involving grand jury matters and special counsel matters to move through the courts. An attorney representing a senior Trump staffer in the Russia probe recalled a case from a previous investigation where he couldn’t even see a judge’s opinion because it was under seal.
The attorney said:
‘This can get a step or two weirder than it already is.
‘It could be anyone who’s been subpoenaed by the special counsel for anything.’
The mystery person may or may not ever be revealed, but people are largely anticipating that Mr. Trump will be served up due justice shortly.
Here’s what Twitter had to say:
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