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WASHINGTON – In recent months, journalists, legal experts and followers of the Special Council investigation have tried to reveal a particular secret in this investigation: the special counsel, Robert S. Mueller III, is it in legal battle? If so, with whom?
In October, Politico reported that Mr. Mueller appeared to be involved in a secret brawl with a witness who refused to testify before a grand jury investigating Russia's efforts to interfere in the election of 2016. A CNN reporter said he saw two of Mr. Mueller's top prosecutors enter a courtroom in September to argue against a lawyer for an anonymous client in front of a judge who takes questions relating to the grand jury.
A confidential hearing was held on Friday during the litigation. Federal courthouse in Washington. A floor of the building has been closed to protect the identity of the lawyers involved. But that did not deter about a dozen journalists who were spotted searching the courthouse trying to determine who was involved.
Here is what we know and know about the battle:
What exactly is this fight?
From the clues that have emerged, it appears that the dispute is about whether a witness may be compelled to answer the questions of the investigators. When witnesses refuse to cooperate, prosecutors often appear before a court to be sent by a judge to encourage them to speak. Prosecutors are expected to exhaust all other means of investigation before doing so.
Does this dispute involve President Trump?
A former federal prosecutor argued in an October opinion piece that the dispute could very likely pit Mr. Mueller against President Trump wondering if the president needs an interview
but that does not seem to be the case. The president's lawyers formally declared that they were not involved in any litigation with the special council office and that the president had not been summoned to appear.
"We are not involved – we are not aware of the nature or scope of the dispute," Jay Sekulow, one of the president's lawyers, said Saturday.
Investigators Mueller and Mr. Trump's lawyers were still negotiating as recently as last week over whether Mr. Trump would sit for an interview, according to one informed of the issue. even after Mr. Trump answered some of Mr. Mueller's written questions last month, and if these discussions ultimately failed, Mr. Mueller could ask the Chair to appear.
At that time, Mr. Trump's lawyers would likely publicly announce that Mr. Trump had been summoned to reinforce their repeated claims that Mr. Mueller was conducting a witch hunt to remove the President.
"I do not see why we would not do it," said Rudolph W. Giuliani, one of Mr. Trump's lawyers, about their decision with a subpoena.
What do the investigators want to ask about
? Mueller investigates two main questions: Was the Trump campaign a conspiracy with the Russians and did the president prevent justice from obstructing by interfering in the investigation of Russia?
episodes examined as part of the investigation of the obstruction. But Mueller is still trying to talk to several witnesses about the links between the Trump campaign and Russia.
In particular, Mr. Mueller wants to know what the campaign knew about the WikiLeaks project to publish Democratic emails hacked by the Russians months before the elections. As part of this investigation, Mr. Mueller takes a close look at whether one of Mr. Trump's long-time associates, Roger J. Stone Jr., was an intermediary between WikiLeaks and the campaign. Mr. Mueller is fighting a lawsuit against a partner of Mr. Stone who refuses to testify before a grand jury and hand over documents.
Do we ever know who this person is?
Maybe. It is very likely that the person concerned will not be prevented from speaking publicly about the case, but since the procedure has been sealed, the lawyers involved can not discuss it. If the witness eventually loses and the court orders a term of imprisonment, he will probably be made public.
Are these types of disputes typical in federal investigations?
Similar disputes often arise in cases in which prosecutors attempt to identify the government. officials who have disclosed classified information to journalists. In these cases, journalists often refuse to answer investigators' questions, forcing judges to decide to incarcerate them.
In high-profile investigations involving famous defendants or organized crime figures, witnesses refuse from time to time to cooperate with investigators. Ten years ago, federal prosecutors asked a judge to imprison the trainer of baseball hitter Barry Bonds, who was under investigation for use of performance-enhancing drugs. The coach spent a year in jail, refusing to testify as to whether he had administered drugs to Mr. Bonds, which was significantly damaging to the government's cause.
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