Now that Donald Trump has used the infamous Devin Nunes memo to launch a stunningly illegal (if probably ineffective) attack on the FBI and Department of Justice, the big question is what comes next. Trump made this move because he fears Special Counsel Robert Mueller is moving in too closely on him in the Russia investigation. So what is Mueller about to do to him in return? Some of the attorneys in the Trump-Russia investigation believe Mueller has a specific ace in the hole: an indictment against Trump.
Multiple attorneys representing people in the Trump-Russia scandal are now acknowledging that Mueller may simply move to indict Trump despite the fact that he’s a sitting president (link. Although Richard Nixon’s DOJ was of the theoretical opinion that a sitting president should not be indicted, that theory was never tested in practice. Mueller can get a grand jury to indict Trump, and then he simply has to get the court system to rule that the indictment is valid. In fact there is strong circumstantial evidence that Mueller may already have a sealed indictment against Trump.
Palmer Report pointed out back in November that when Mueller got a grand jury to indict Trump campaign advisers Paul Manafort and Rick Gates, they were listed as “Indictment (B)” in the official court paperwork (link). That means there’s an “Indictment (A)” in that same case, and it’s still under seal. By definition it would have to be against a bigger fish. But the big fish like Jared Kushner and Jeff Sessions weren’t connected to the financial crimes that Manafort and Gates were indicted on.
In other words, there is strong reason to suspect that the sealed Indictment (A) is against Donald Trump. If so, Robert Mueller can unseal it any time. In fact he may be collecting sealed indictments against Trump from each of the grand juries against Trump’s underlings, so that Trump can’t pardon his own co-conspirators. Now that Trump is trying to dismantle the FBI, will Mueller strike back by revealing what he’s got up his sleeve? Stay tuned.
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Bill Palmer is the publisher of the political news outlet Palmer Report