Good Omens for the Vexed Mueller Report
There is so much confusion about the Mueller report and exactly why he did not just come to a conclusion, like AG Barr thought he should. In fact, many attorneys on both sides can only agree to disagree as to why. It really doesn't matter because every is entitled to opinions but there is only one set of facts.
Mueller began already confined by DOJ policy and guidelines. These are NOT law, statutes or anything more than company policy on matters the DOJ deals with. Even before the writing of the Mueller report, he knew, as a company man of DOJ, he could not violate the the policy that a sitting POTUS could not be indicted while in office. The policy DOJ relies on is just opinion established years ago and appears to have more substance aka law. Nothing is further from the truth. The Supreme Court would toss out this case based on this notion if a case against Trump was begun.
So, Mueller did what any astute attorney would do, create a case for possible obstruction. His report admits that not all 10 or so possibilities are solid cases most attorneys would take, however, he did points to 2-3 cases that he felt could work. The collusion issue is just dead meat now, unless, something surfaces to reopen the wound. Right now, Trump is bathing in the No Collusion rant, but all Mueller stated is that he could not find anything solid enough to warrant an indictment on this matter. That does not mean it did not happen. Of course, Trumpers won't admit this part because no one really knows, everyone's just spewing out their own spin of propaganda based on political beliefs and preferences.
Because Mueller did not just come out and state President Trump should be indicted for obstruction and end it, he followed DOJ policy, much to his disdain, and just provided the cases and proof for others to pick up the baton. Had he made the statement, DOJ would have been acting as if he broke the law or Federal Code. Barr would have had a different reaction.
Despite the vexed report, Democrats and the few brave Republicans have a fairly clear case in a few instances. They could not wait until POTUS is out office to indict or just go for it after an official inquiry. The DOJ guidelines that restrained Mueller has no impact on Congress. The only things holding the Democrats back are:
- Is the timing right?
- Is the public behind them?
- Is the cases Mueller provided sufficient?
- Do they want to wait for more evidence to surface?
It would be interesting to see how this plays out between now and 2020, and if the Congress attempts to impeach Trump. If Mueller could have, he would have concluded there was sufficient grounds to indict Trump.
He just could not cross that line.