Donald Trump still subject of probe by special counsel Robert Mueller, but not a target

Show Caption Hide Caption Mueller authorized by DOJ to investigate alleged collusion with Russia In a rare revelation, officials shining light on the scope of the Russia probe show Deputy Attorney General Rod Rosenstein gave special counsel Robert Mueller broad investigative powers. Nathan Rousseau Smith has the story.

WASHINGTON — While President Trump and his 2016 presidential campaign remain under investigation over possible links to Russia, the president's legal team has been told that Trump is not a target, officials said Wednesday.

Special counsel Robert Mueller is preparing a report on his findings, including an obstruction of justice investigation that involved Trump, said two people familiar with the process, speaking on condition of anonymity so they could discuss an ongoing investigation.

Mueller's office has kept Trump's legal team informed of the developments as they negotiate the president's possible testimony, the two sources said, adding that the communication about the president's status occurred last month.

Peter Carr, a spokesman for Mueller, declined to comment.

The developments, first reported by The Washington Post, indicate Trump's testimony has become increasingly crucial to prosecutors in their wide-ranging inquiry.

White House Press Secretary Sarah Sanders declined to comment on the Mueller investigation except to say "there was no collusion" between the Trump campaign and Russians during the election.

As for the prospect of Trump's testimony, Sanders said, "the president is working in conjunction with his legal team. ... They will make that determination."

Trump has long maintained that he is not a target of the Russia investigation and that his campaign did not act in coordination with Russian officials.

Flynn, Gates cooperating

Yet, Mueller's team has secured cooperation agreements in the investigation with key former members of his team, including former national security adviser Michael Flynn and former campaign deputy Rick Gates.

Both had been charged with lying to the FBI and have pleaded guilty.

The negotiations for Trump's testimony comes with the president's legal team in apparent disarray.

Former lead counsel John Dowd, who resigned last month, had advised the president not to agree to an interview with Mueller's prosecutors. Dowd's differences with Trump prompted his departure.

Former federal prosecutor Joseph diGenova, a vocal critic of the Russia investigation in frequent appearances on Fox News, was announced as Dowd's replacement.

But just as quickly, that decision was reversed when Trump lawyer Jay Sekulow said client conflicts required diGenova and his wife and law partner, Victoria Toensing, to withdraw.

Toensing represents Mark Corallo, a former spokesman for Trump's legal team. He was interviewed by Mueller investigators about the actions of some administration members in crafting a statement about a Trump Tower meeting in June 2016 involving campaign officials and a Russian lawyer who promised damaging information on Democratic nominee Hillary Clinton.

Corallo has said he waived any conflict involving Toensing’s work for Trump. An official close to Trump's team, however, said the president's lawyers couldn't get past the potential problems posed by the firm's work on behalf of Corallo and Sam Clovis, a Trump campaign aide who also spoke with Mueller's team.

Though Trump is a subject of the investigation as opposed to a "target," allies of the president said he should not rest easy.

"It can easily flip to being a target in the blink of an eye," said Michael Caputo, a former senior adviser on the Trump campaign. "The president and his lawyers need to continue to be vigilant."

Indeed, legal analysts said Trump probably still faces substantial legal risk.

Jack Sharman, a former special counsel in the Whitewater investigation involving then-President Clinton, said that absent assurances from the government, "the situation remains fairly fraught."

"If the special counsel’s staff has told the president's lawyers that the president is only a subject of the investigation, that information is not necessarily a source of comfort to the president," Sharman said. "Although it is always better to be a subject than a target ... the 'subject' tag is both a no-man's land and a road sign."

Sharman said the status suggests the prosecution is "spending time, energy and resources on you."

As recently as last month, Trump indicated that he would be willing to meet with Mueller. But Sharman said Trump probably would find few who would encourage such a meeting.

"There is not much upside in that," he said. "Once the government starts investigating something — and they get invested in it — it almost never happens that an interview can change the course of an investigation."