Difference between the two terms is black and white - no gray
(Certainty; no rush or hurry)
Subject or target - target or subject – seems
I’m cleared
(We have mid-terms - my
base needs to know ASAP)
Trump is a “subject” not the “target” of the Mueller Russian investigation (from Newsweek):
The notion that Mueller is misleading Trump about being a “subject”
vs. a target or “the target” is, however, dubious.
Special agents are allowed to deceive witnesses in sting
operations, prosecutors are prohibited from engaging in the same types of
deception. Mueller is a renowned straight shooter. If Trump were a target, he
would have told him.
Ultimately, however being the “subject” of an investigation rather
than “the target” is still bad news for Trump.
No one wants to be told that his or her actions fall within
the scope of a grand jury investigation. But this is good news for one person:
Robert Mueller. The fact that the public is aware that he is not preemptively
designating the president a “target” delegitimizes the idea that the
investigation is an anti-Trump witch hunt.
Make no mistake, Mueller’s #1 target is Russian interference
in the 2016 election.
Whether he takes down Trump in reaching that target still
remains to be seen.
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Related – difference between
someone being the Subject or Target of any investigation:
“A subject” is “a person whose conduct is within the scope of
the grand jury’s investigation” (cite: United States Attorney’s Manual). “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 route, is a putative
defendant.”
Ergo: A target is not yet a putative defendant in the eyes of a
prosecutor is still by nature, a subject – that is Trump right now.
This topic of classification often arises when a prosecutor
reaches out to an individual to obtain evidence from him or her. Every person
has a Fifth Amendment right against self-incrimination. What this means is that
a defendant — or possible defendant — cannot be coerced or forced to give statements
to investigators.
This is among the various reasons that prosecutors often ask
anyone who may fall in the “subject” category to sit for a voluntary interview —
if a person chooses to give a statement, that statement may be used in an
investigation against him or her.
That same Attorney’s Manual warns that “subpoenaing a target may
carry the appearance of unfairness,” and judges can consider that such
unfairness amounts to coercion in a particular case. If a judge decided so, it
could poison the whole investigation. The fact that prosecutors steer toward
voluntary interviews with subjects as well as targets indicates just how close
these two categories often are in practice.
In certain quarters, Trump’s designation as only a “subject”
after a year of investigation is cause to celebrate. The president’s team,
however, should not get out the champagne.
Being a subject is a very fluid state and is often liable to
change. The fact that Trump is not a putative defendant at this moment only
means that prosecutors do not have enough evidence to call him a defendant at
this point. It does not mean that they cannot develop that evidence.
My 2 Cents: So, what does all this prove right now?
Simple,
I believe: S/C Robert Mueller is clever, smart, slick, and a true professional
and everyone (except for the Trump camp) knows that for a fact. He is slowly working his
way to the very top – as he always does in big investigations like this: and possibly right
to Trump.
I say that for one simple and
clearly obvious and logical reason: Donald J. Trump always knows what goes on around him for and on his behalf by anyone connected to him in any way … make no mistake or
have no doubt about that aspect of his life.
Stay tuned – the end is closer than we suspect.
Thanks for stopping by.
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