Some legal experts believe Mueller might have gathered sufficient evidence for indictments even without a Trump interview. They say Mueller could be reluctant to get bogged down in the months-long legal battle that would ensue were the president to resist a subpoena.
“Originally my thought was, ‘Without question, Mueller will subpoena him given how he has handled this case.’ I’m not so completely sure of that anymore. I think Mueller could say, ‘We’ve tried to accommodate them, we’re moving ahead,’” said Solomon Wisenberg, a Washington attorney who served as independent counsel Kenneth Starr’s deputy during investigations into President Clinton.
Wisenberg still said a subpoena was more likely than not, however. And he noted that negotiations between the Mueller team and Trump’s lawyers could yet reach an agreement on the conditions for an interview.