"We cannot know, from the brief docket entries that are available to us in this sealed case, that the matter involves President Trump. But we do know from Politico’s reporting that it involves the special counsel and that the action here was filed the day after Giuliani noted publicly, “[W]e’re pretty much finished with our memorandum opposing a subpoena.” We know that the district court had ruled in favor of the special counsel and against the witness; that the losing witness has moved with alacrity and with authority; and that the judges have responded with accelerated rulings and briefing schedules. We know that Judge Katsas, Trump’s former counsel and nominee, has recused himself. And we know that this sealed legal matter will come to a head in the weeks just after the midterm elections.
If Mueller were going to subpoena the president—and there’s every reason why a careful and thorough prosecutor would want the central figure on the record on critical questions regarding his knowledge and intent—this is just the way we would expect him to do so. Quietly, expeditiously, and refusing to waste the lull in public action demanded by the midterm elections. It all fits."