ABC News reported that, in fact, Mueller had not decided yet whether to investigate the president.
Mueller serves at the will and pleasure of Deputy Attorney General Rod Rosenstein, who appointed him to head the inquiry.
Trump's fledgling presidency has been battered by allegations-being dissected both by Congress and the FBI-that Russian Federation interfered to sway the 2016 election in his favor, in possible collusion with the former real estate magnate's campaign team.
Sekulow says that Trump hasn't been notified of any investigation. "The best thing that could happen for the president, and the country, is a full and credible investigation".
At some point, Mueller may wish to interview Federal Bureau of Investigation senior leadership about their meetings with Comey regarding Trump, though it's unclear if this has already taken place. "Mueller's going to do his job".
Meanwhile, it is no secret that there are both Senate and House committees that are investigating the President. It's impossible to know what Mueller will find and what he will do, but failing to plan for the possibility that Mueller will take action could be a serious mistake. "They're essentially engaging in a scorched-earth litigation strategy that is beginning with trying to discredit the prosecutor". Basically, it seems like the entire reasoning behind saying Trump isn't under investigation is that Trump hasn't been told by anybody that he is.
Intelligence Committee Ranking Member Rep. Adam Schiff (D-Calif.) said failure to respond could result in subpoenas being issued. Of course, as the professor points out, Rosenstein's recusal is not terribly pressing, since the appointment of a special counsel removed him from the investigation anyway. He says there should at least be tapes of any telephone conversations between the president and Comey. To hear Sekulow tell it, if the president speaks to anyone who's passed a bar exam, that person should "respect the attorney-client privilege" and never divulge the contents of that conversation. Schiff said he wants the White House to acknowledge the tapes or make clear there are no tapes and "it was an idle threat".
In a contentious exchange, CNN host Chris Cuomo rejected Sekulow's claims, arguing that special counsel Robert Mueller, who is overseeing the FBI's investigation, does not have an obligation to inform the president that he is a subject of the probe.
"If you can prove that there was something there and the president knew about it, then the obstruction case looks far stronger", said Washington attorney Justin Dillon.
Trump's tweets Monday focused primarily on his support for the Republican candidate, Karen Handel, in Tuesday's high-stakes special congressional runoff in Georgia's 6th House District.