Former federal prosecutor thinks he’s found evidence that Robert Mueller has already subpoenaed Donald Trump

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Even as the run-up to Tuesday’s elections dominates the news cycle, the big story lurking in the background has been when and how Special Counsel Robert Mueller will make his big move against Donald Trump. Various major media outlets have reported that Mueller plans to make his move shortly after election day. Now a former federal prosecutor thinks he’s found evidence that Mueller has already made his move.

Last week, in a lengthy expose, Politico revealed that it had discovered secretive court proceedings which appear to involve Robert Mueller and an unknown individual. The lingering question has been who that individual might be. Initially it seemed like it might have been Roger Stone’s longtime associate Andrew Miller, who has been waging a legal battle over whether he’ll be required to testify against Stone. But now someone who’s knowledgeable about these things has come up with a different, and logically compelling, premise.

Former federal prosecutor Nelson W. Cunningham, also writing for Politico, now thinks he’s pieced together the identity of the unknown individual: Donald Trump himself. He’s providing a very long and detailed argument today, but the short of it is that the entire court of appeals is bending over backward to process the case as quickly as possible.

Robert Mueller, despite his considerable power and leverage, hasn’t been able to get the courts to move any more quickly than they’ve been willing to move when it’s come to legal proceedings against people like Paul Manafort. Yet the courts are suddenly treating this new mystery case as if the fate of the nation depended on quickly resolving it – which would suggest that it does. Cunningham also points to the fact that one judge on the court of appeals is making a point of recusing himself for unstated reasons – but he just happens to have previously worked in Donald Trump’s White House.

If Cunningham is correct in his assessment, it would mean that Robert Mueller is already deep into the process of making his big move against Donald Trump. We know what you’re thinking: yes, this will eventually go to the Supreme Court. But while Trump can count on Brett Kavanaugh to vote against Mueller being able to force Trump to testify, there is no expectation that the other four conservative Justices will necessarily vote with him. In any case, we may find out soon enough.