As we all now well know a redacted version of the Mueller report has been released, and Barr, the Attorney General has offered to release another less redacted report to key Congressional leaders, but what does the Mueller report conclude? There seems from a range of sources that Mueller could be interpreted differently than the Attorney General initially reported. Robert Mueller seems to have had a basic concern for fairness. If a sitting President cannot be prosecuted under the policy of the Office of Legal Counsel of DOJ, then is it fair to conclude there is evidence to prosecute, if you cannot. Mueller decides it is not fair to pursue the evidence, without the opportunity of a trial, and leaves it to Congress while the President is in Office, or to prosecutors after he leaves office. NYTimes Article on Redacted Report
Mueller wrote that his evidence was not sufficient to clearly establish that the President had not committed a crime. The Attorney General, Barr insisted that it was not sufficient to establish that he had. These conclusions are fundamentally at odds. A footnote in the Mueller report points out that a criminal investigation could ultimately result in charges being brought either after a president has been removed from office by the process of impeachment or after he has left office. Mueller seems to be rejecting the defense that a president could not be guilty of obstruction of justice for the conduct in question: “The protection of the criminal justice system from corrupt acts by any person-including the President-accords with the fundamental principle of our government that ‘[n]o [person] in this country is so high that he is above the law.”
Where does this leave the report? Will it be used as a document that sets up impeachment or exonerates the President? We will know more in coming weeks, when the battle lines are drawn, and more is revealed. At the moment, there is talk from Congressional Democratic leaders that the report reveals more than the Attorney General initially reported. But it is still unclear if the report will have a devastating impact on the President’s term in office or his campaign. It will probably depend on if the American people are tired of this topic, or want the apparent offenses of the President pursued. It is likely each member of Congress is testing these waters in their Districts and listening to reactions of constituents to the report. Read more
It has been six hundred and seventy six days about since Robert Mueller began his report, in a secluded office in Southwest Washington, D.C. The report has been completed and turned into Attorney General William Barr on a late Friday afternoon. It already reveals a lot, while the battle is just beginning on how much of the report will be available for review. Speculation is the report may kick up a political fire storm, but here is what we know so far. David Kris, a former Justice Department national security division chief was quoted with the best line. “I think if you took it all in in one day, it would kill you. It’s simply too much.”
Trump’s Campaign: Mueller first went after key people in the Trump campaign, and successfully got indictments, plea agreements and convictions: Mueller began by alleging that the president’s campaign had been led by people who had engaged in serious crimes, i.e. Paul Manafort, Rick Gates and George Papadopoulos who was one of 14 Trump associates who had contact with Russian nationals during the campaign and transition. Mueller later alleged, Russian hackers accessed the Democratic Congressional Campaign Committee and the Democratic National Committee.
Mueller’s plea deals emphasized like former Security Advisor Michael Flynn’s, that over and over those surrounding the President downplayed their dealings with Russia. Flynn claimed he and the Russian Ambassador Sergey Kislyak did not discuss Obama-era sanctions directed at the Kremlin, when in fact they had.
Trump’s Lawyer: Mueller’s investigation has spun off investigations in at least three U.S. Attorney’s offices. And, one resulted in the guilty plea of Trump’s lawyer Michael Cohen, for tax evasion, bank fraud and campaign finance violations. Cohen, threw his longtime client under the proverbial bus, testifying that all these activities were directed by Trump. The Cohen case then lead to an investigation of Trump’s inaugural festivities.
Was there collusion with Russia? What Mueller has said on this topic was related to Roger Stone, and claims he lied about efforts he made to get information to the Campaign about the hacked emails obtained by the Russians. Mueller’s Court filings revealed that Manafort released 2016 polling data to the Russians that had ties to Russian intelligence. But Manafort was not charged with conspiring with Russia. Nonetheless, the investigation reveals, Russia’s influence over the 2016 campaign, repeated contact by Russians with Trump’s key aids and his now undisputed financial interest in a tower in Moscow.
It will be interesting to see the details in the final report. But what we know is Trumps woes are far from over. Still to come are NY state investigations about the Trump Foundation and giving to his campaign instead of Charities, two law suits over Trump Hotels’ and activities with taking “emoluments” from foreign states, and the Federal prosecution in NY over expenditures during his inauguration. We just have not heard the end of it yet. Washington Post story