Thread by @HoarseWisperer

Intriguing. The prevalent theory about what’s going on here:

Someone was apparently subpoenaed to testify in front of Mueller’s grand jury this summer.

They fought it. Lost. And have been fighting it via appeals ever since.

1/

https://twitter.com/joshgerstein/status/1068563024112312320

The person fighting the subpoena could be *literally* anyone Mueller called as a witness.

Could be a low-level Roger Stone flunkie. Could be a big name. Could be someone we’ve never talked about.

The secrecy and protracted fight is naturally raising eyebrows though.

2/

Since nature hates a vacuum, might as well play along.

Would seem to me the person meets some combo of a few criteria:

1) Well funded - court fights like this are expensive for little guys

2) Legally fluent or well-represented - this isn’t small-ball played by hacks.

3/

Others have tried and failed to dodge Mueller’s subpoenas, so this person is likely making a different kind of argument.

IOW, they appear to be asserting some basis for fighting the subpoena that complicates things, so...

4/

3) Their testimony about matters under investigation might be protected by some privilege.

(e.g. protection of a journalist’s sources, executive privilege as someone with direct contact with Trump, etc.)

5/

An associate of Roger Stone has been fighting his subpoena, so people naturally assume this may be someone else in that same general circle.

A former prosecutor speculated it could be Trump himself.

6/

Given the above, that doesn’t seem likely.

This person has tried to rush the ultimate decision at times. If it were Trump’s attys, I’d suspect they’d want to slow-roll it.

This person is trying to get out of having to testify to grand jury *ever* and wants that answer fast.

7/

Sooo, rank speculation here but I’m drawn to the possibility that it’s someone whose entire testimony could be subject to privilege.

Someone like former White House Counsel, Don McGahn, or a former member of his office.

8/

McGahn was allegedly cooperating with Mueller on a voluntary basis, so he’s likely out.

I’m gonna guess the person is someone who can testify directly to Trump’s obstruction while ostensibly being questioned about others in the orbit (like Don, Jr.) though.

9/

Someone who was in the room for meetings and conversations.

Someone with direct contact with multiple parties in the Trump circle but who isn’t part of the cabal.

An attorney or advisor who wasn’t Trump’s personal attorney - at the time at least.

10/

I’m guessing they’ll lose their appeal and have to testify.

I’m hoping journalists sleuth out who it is.

In the meantime, here’s a wacky wildcard:

Rudy Giuliani

Given all of the above, the shoe fits.

Now, wouldn’t that be fun...

11/11

An addendum to this.

Former White House Special Counsel Ty Cobb also fits the bill.

Trump apparently didn’t know he had no attorney-client privilege with him until late in the game...