Judge Nap: Trump May Not Be 'Target' of Mueller Probe or Cohen Raid, But He Is a 'Subject'
Deputy Attorney General Rod Rosenstein told President Trump last week that he is not a target in the Michael Cohen investigation, a source told Fox News.
The source said that the investigation is focused solely on Cohen, Trump's longtime attorney and confidante.
Last week, FBI agents raided Cohen's home, hotel room and offices, reportedly obtaining documents related to Cohen's payment to adult film star Stormy Daniels, who allegedly had an affair with Trump in 2006.
Trump has been told previously that he is not a target of Special Counsel Robert Mueller's investigation into possible collusion between the Trump campaign and Russia.
On "Special Report," Fox News senior judicial analyst Judge Andrew Napolitano said Trump may not have been the "target" of the Cohen raid, but he is a "subject" of it.
He explained that the federal prosecutors at the U.S. Attorney's Office of the Southern District of New York justified the raid by citing the crime-fraud exception to the attorney-client privilege rule.
He said that means that prosecutors had evidence that Cohen's client -- in this case Trump -- was engaged in either a crime or a fraud and was talking to his lawyer about it, and that conversation or communication is not protected by attorney-client privilege.
"From that I conclude that Donald Trump may not have been the target of the raid, but he is a subject of it, meaning a human being that the government is investigating to see how much criminal evidence there is, just as he is a subject of Bob Mueller's investigation here in D.C.," Napolitano said.