Donald Trump mistakenly celebrates terrible news for him in the Trump-Russia scandal

Trump finally got some putative “good news” in the Mueller investigation. According to numerous sources, investigators told Trump’s crack legal team that Trump was merely a “subject” of their investigation, and not a “target,” much to Trump’s delight. I’ve sat outside of grand jury proceedings while my client testified inside. Never once have I suggested to a client that being a “subject” of a grand jury investigation is a source comfort and solace.

The US Attorney’s manual provides in part:

9-11.151 – Advice of “Rights” of Grand Jury Witnesses

A “target” is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant.

A “subject” of an investigation is a person whose conduct is within the scope of the grand jury’s investigation.
Both “targets” and “subjects” are provided with a warning before testifying:

Advice of Rights

The grand jury is conducting an investigation of possible violations of Federal criminal laws involving: (State here the general subject matter of inquiry, e.g., conducting an illegal gambling business in violation of 18 U.S.C. § 1955).

You may refuse to answer any question if a truthful answer to the question would tend to incriminate you.

Anything that you do say may be used against you by the grand jury or in a subsequent legal proceeding.

If you have retained counsel, the grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with counsel if you so desire.

Perhaps Trump, a man aptly described by Rex Tillerson as a “fucking moron,” is excited over the prospect of a “subject” that he can master all by himself. With little effort, he can probably convince Mueller to let him graduate to “target.” –– Bruce C. Cohen is the author of the Missouri Defendant’s Procedural Warfare Manual