‘Secret litigation’ rocketing through courts could mean Mueller has already subpoenaed Trump: Legal expert

Special counsel Robert Mueller may have already subpoenaed President Donald Trump to compel testimony about collusion with Russia and obstruction of justice, a top legal expert explained on MSNBC on Saturday.

Nelson Cunningham served as general counsel of the Senate Judiciary Committee and as a federal prosecutor in the Southern District of New York.

"There is some sealed litigation in the D.C. courts, that's bounced back from the district court to the court of appeals, back to district court, back to the court of appeals -- in rapid-fire fashion," Cunningham explained.

"The action was filed on Aug. 16," he noted. "If you'll remember, Rudy Giuliani said on Aug. 15 'We're almost done with our opposition to a subpoena motion.' The very next day, this mystery litigation began."

"Only one judge has recused himself -- from what we can tell from the public records -- from consideration of the case, and that's the one judge that Donald Trump appointed to this court," he continued.

"You put the pieces together and it could well be the president, who is litigating with Robert Mueller, over a piece of secret litigation, perhaps a subpoena that Mueller has given to Trump and which is lawyers are fighting," he concluded.

"It certainty would be a good way for him to use the period the before the midterms to make significant progress on the case," he added.

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