In spite of tweet, lawyer insists Trump not under investigation

With a lack of precedent to point to, a degree of separation between the DOJ and the office of special counsel and no formal, public confirmation of the obstruction investigation, some former federal prosecutors who spoke to TPM say it's premature to anticipate Rosenstein's recusal. Press secretary Sean Spicer denied it was a travel "ban"; Trump tweeted it was a ban.

Is President Trump under investigation for obstruction of justice?

Adding to questions surrounding the special counsel investigation is the fact that Rosenstein, as the current deputy attorney general, is the official who is in charge of the special counsel's activities.

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That follows the line of thinking by Trump's personal attorney, Jay Sekulow, who said on a number of Sunday news shows that Trump wasn't under investigation.

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On Fox News Sunday, Sekulow said that he was certain the president was not under investigation because he had received no notification or other indication that he was.

The Washington Post report to which Conway referred was the story that Robert Mueller had widened his probe to include interviewing intelligence officials about whether Trump tried to obstruct justice.

Republican Sen. Marco Rubio of Florida has defended the president's vocal denouncement of the proceedings.

"He, from every pronouncement we have seen, feels very strongly that he did nothing wrong, and he wants people to say that, because he feels very strongly about it", Rubio said.

America is edging ever closer to a new long, national nightmare, given President Donald Trump's explosive response to signs that special counsel Robert Mueller is approaching the epicenter of White House power.

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When the host noted that Sekulow had just twice said the president is under investigation, the attorney insisted otherwise. King said the "collusion, the cooperation aspect of the investigation is not over".

Were Trump to go through with it anyway, it would be the most politically self-destructive act of his young presidency.

In testimony before the Senate Intelligence Committee this month, Comey said that he based his decision to circulate a memo of a conversation between the president and himself off the tweet.

THE FACTS: The president once again shows a lack of understanding of how law-enforcement investigations work, or a willingness to misrepresent the process.

"Right now, I think the focus has to be on what we know has happened", Sekulow said.

Lawyer says Trump not under investigation, despite president's tweet otherwise
Mueller operates with day-to-day independence of Rosenstein, but Rosenstein still oversees how the investigation is funded. Schiff cited the fact that the president at one meeting "cleared the room" of advisers and asked to speak to Comey alone.

Rubio, who also appeared on CBS, said "that's not going to happen" when asked whether he's concerned that Trump may be preparing to fire Mueller and Rosenstein. Although the White House initially said Rosenstein's memo led Trump to fire Comey, the president later said in a television interview that he did so because of the Russian Federation investigation. But two avenues appear clear so far: The lawyers are prepared to paint Mueller's investigative team as somehow politically motivated, or too aligned with the interests of fired FBI Director James Comey; and they will argue the president didn't illegally exert pressure on the investigation.

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