Why All the Secrecy?

It’s time to level with the public about the basis for Mueller’s investigation.

How do you know Trump’s not a suspect?”

I’ve been hearing that question a lot these days. News reports indicate that Special Counsel Robert Mueller may try to coerce President Trump’s testimony by issuing a grand-jury subpoena if the president does not agree to a “voluntary” interview. That has sparked a public debate over the question of whether Mueller, an inferior executive officer, has such authority to strong-arm the chief executive — the official in whom the Constitution reposes all executive power, including the power that Mueller exercises only as long as the president permits it.

I don’t think he does.

To be clear, there is no question that Mueller, as a special counsel, is a federal prosecutor who has the authority to issue grand-jury subpoenas. But everyone who works in the Justice Department has a boss, including the attorney general (who answers to the president). As special counsel, Mueller answers to Deputy Attorney General Rod Rosenstein (because Attorney General Jeff Sessions recused himself from the so-called Russia investigation). That means Mueller has the authority to issue a subpoena to the president unless Rosenstein — or the president — tells him not to.

Before we come to whether the deputy AG should clip the special counsel’s wings, let’s address one point of confusion...