You have to wonder if some people holding forth on
Robert
Mueller’s public statement yesterday actually listened to what the special
counsel said. I’ve seen people once again claim that Mueller exonerated the
president, that he agreed with Attorney General Barr that there was no obstruction
and that Mueller muddied the issue. None of these is true.
Mueller’s statement seemed specifically designed to counter
the spin of the Trump Administration while pointing out they Russia systematically
attacked the 2016 election, a fact that Mueller obviously believes is getting
lost in the debate over whether Donald Trump obstructed justice. The special
counsel also takes time to refute many of the allegations made against the
investigation.
There are four main takeaways from Mueller’s statement:
1.
Russia launched systematic cyber attacks on the
2016 election.
2.
There was insufficient evidence to charge
Americans with conspiring with Russia.
3.
There was evidence that Trump obstructed justice.
4.
DOJ policy prevented an indictment of Trump from
being considered.
I am going to include selected portions of the statement in
the following article. As always, I encourage everyone to go straight to the
source. Mueller’s statement is less than 10 minutes long and is available for
viewing on
YouTube. You
can also read the
transcript
here. I recommend reading Mueller’s full report as well.
Russian intelligence
officers who are part of the Russian military launched a concerted attack on
our political system. The indictment alleges that they used sophisticated
cyber-techniques to hack into computers and networks used by the Clinton
campaign. They stole private information and then released that information
through fake online identities and through the organization WikiLeaks. The
releases were designed and timed to interfere with our election and to damage a
presidential candidate. And at the same time as the grand jury alleged in a
separate indictment, a private Russian entity engaged in a social media operation
where Russian citizens posed as Americans in order to influence an election.
Mueller stresses that Russian interference with the election
went far beyond buying social media ads. They included computer hacking and
dissemination of stolen data. As discussed in other indictments and the full
version of the
Mueller
report, Russian activities also included cyber attacks on state and local
election infrastructure such as voter databases and companies that build and write
software for voting machines. The Russian attacks go far beyond any known previous
attempts to interfere in our elections. They are also very different from
Barack
Obama’s support for an Israeli group that opposed Benjamin Netanyahu in the
2015 Israeli elections.
Mueller’s statement contradicts claims that there was no
underlying crime and that the investigation was a waste of time. The crime was
a concerted attack on a foundation of the American Republic.
That is also a reason
we investigated efforts to obstruct the investigation. The matters we
investigated were of paramount importance. It was critical for us to obtain
full and accurate information from every person we questioned. When a subject
of an investigation obstructs that investigation or lies to investigators, it
strikes at the core of their government's effort to find the truth and hold
wrongdoers accountable.
The order appointing
me special counsel authorized us to investigate actions that could obstruct the
investigation.
Mueller here provides the justification for the obstruction
investigation. Even if there were no crime, obstruction could still take place
because investigators were legally trying to determine whether a crime had
taken place or not. In this case, crimes did take place and others were
indicted
and convicted even if President Trump was not.
The document appointing Robert Mueller authorizes him to
investigate “any links and/or coordination between the Russian government and individuals
associated with the campaign of President Donald Trump,” which would include
Trump himself, and “any matters that arose or may arise directly from the
investigation,” as well as other matters within the jurisdiction of the
special counsel law,
which specifically includes “perjury, obstruction of justice, destruction of
evidence, and intimidation of witnesses.” Rosenstein’s instructions to Mueller
are
available
online here.
This volume includes a
discussion of the Trump campaign's response to this activity as well as our
conclusion that there was insufficient evidence to charge a broader conspiracy.
Mueller does not say that there was “no collusion.” He says
that evidence to prosecute collusion was “insufficient.” This implies that evidence
of collusion did exist.
And as set forth in
the report, after that investigation, if we had had confidence that the
president clearly did not commit a crime, we would have said so. We did not,
however, make a determination as to whether the president did commit a crime.
This is not, as many Republicans claim, a statement that
there was no obstruction. This is the opposite. Mueller is saying that if the
president was innocent he would say so, but there is evidence against him so he
cannot be exonerated.
It [the full report]
explains that under long-standing department policy, a president cannot be
charged with a federal crime while he is in office. That is unconstitutional.
Even if the charge is kept under seal and hidden from public view, that, too,
is prohibited.
A special counsel's
office is part of the Department of Justice, and by regulation, it was bound by
that department policy. Charging the president with a crime was therefore not
an option we could consider. The department's written opinion explaining the
policy makes several important points that further informed our handling of the
obstruction investigation. Those points are summarized in our report and I will
describe two of them for you.
Mueller explains here that he could not indict the president
due to Justice Department policy even though he found evidence that crimes were
committed. Essentially, the Justice Department view is that prosecuting the
president is illegal under the Constitution. My own opinion is that the framers
of the Constitution, who had just fought a revolution to free themselves of
rule by a king, did not intend to place the president above the law.
Regardless, Mueller next explains why he investigated obstruction
if an indictment of the president was “not an option” from the beginning.
First, the opinion
explicitly permits the investigation of a sitting president because it is
important to preserve evidence while memories are fresh and documents
available. Among other things, that evidence could be used if there were
co-conspirators who could be charged now.
And second, the
opinion says that the Constitution requires a process other than the criminal
justice system to formally accuse a sitting president of wrongdoing.
First, the investigation was to preserve evidence for possible
prosecution of co-conspirators. Second, the evidence could be used in an impeachment
trial.
And beyond department
policy, we were guided by principles of fairness. It would be unfair to
potentially — it would be unfair to potentially accuse somebody of a crime when
there can be no court resolution of the actual charge.
So that was Justice
Department policy. Those were the principles under which we operated.
Mueller then reiterates that his decision was guided by DOJ
policy. He also states that it would be unfair to accuse the president of a
crime when he would not have a trial that could be used to clear his name.
At one point in time,
I requested that certain portions of the report be released and the attorney
general preferred to make — preferred to make the entire report public all at
once and we appreciate that the attorney general made the report largely
public. And I certainly do not question the attorney general’s good faith in
that decision.
This is a reference to the
leaked
letter in which Mueller took Attorney General Barr to task for mischaracterizing
the special counsel report in his public summary. Mueller requested that
certain portions of the report be made public. Barr elected to release a redacted
version of the report. Mueller seems satisfied with this.
Now, I hope and expect
this to be the only time that I will speak to you in this manner. I am making
that decision myself. No one has told me whether I can or should testify or
speak further about this matter.
Mueller does not intend to make further public statements. He
says that this is his own choice and not a decision by the Justice Department
or President Trump.
There has been
discussion about an appearance before Congress. Any testimony from this office
would not go beyond our report. It contains our findings and analysis and the
reasons for the decisions we made. We chose those words carefully and the work
speaks for itself. And the report is my testimony. I would not provide
information beyond that which is already public in any appearance before
Congress.
While Mueller does not rule out congressional testimony, he
says that he will not provide further public information. As I advised above, if
you want to know more, read his report.
These individuals who
spent nearly two years with the special counsel's office were of the highest
integrity.
This counters claims by President Trump and other Republicans
that the investigators were corrupt.
And I will close by
reiterating the central allegation of our indictments, that there were multiple
systemic efforts to interfere in our election. And that allegation deserves the
attention of every American.
Mueller closes by again stressing the fact that the United
States was the subject of a campaign of cyber attacks in 2016. If steps are not
taken to defend against similar attacks, it is likely to happen again next
year. At some point, aggressors are likely to penetrate election defenses and
find the ability to manipulate vote totals. As Mueller said, this should be
alarming to every American, even if you happen to like the outcome of the last election.