Friday, July 5, 2019

The Mueller Report

It took several months but I finally finished reading the Mueller Report, also known as the Report on The Investigation into Russian Interference in the 2016 Presidential Election. I don't recall where I downloaded the PDF from but you can get the PDFs from justice.gov: Part 1 and Part 2.

It was a tough document to read because it was so dry and boring. I'll admit to not reading the appendices in Part 2 and I only skimmed the last section of Part 2. I am not an attorney nor do I claim to have any special expertise on legal matters. But that won't prevent me from sharing my conclusions.

The Russians engaged in a massive and systematic program to influence the 2016 presidential election in favor of Candidate Trump. Why President Trump seems so eager to let Putin off the hook is beyond me. I've heard of "keeping your friends close and your enemies closer" but Trump's statements on the topic are ignorant at best, irresponsible at worst. The Russians and others will likely continue activities like this.

The Trump campaign did not collude, coordinate, or conspire with (interestingly, only "conspire" has a legal meaning within the context of criminal law - the former two words do not) agents of the Russian government or directly with the Russian government to influence the election. This did not surprise me. However, members of the Trump campaign, either through naivete or craven greed or inflated self importance, allowed the Russians to lead them around by the nose like a bunch of chumps.

Probably because they had been led around by the nose, several members of the Trump campaign and/or administration did commit crimes, evidence of which was uncovered by the investigation.

And the big one: there is a considerable body of evidence that indicates President Trump engaged in several acts consistent with obstruction of justice. And the caveats: because the Office of Legal Counsel issued an opinion stating that criminal prosecution of a sitting president would be "bad" (my word), only an investigation was conducted without the potential for filing charges. (The section of Part 2 that I only skimmed was a refutation of the president's personal counsel's arguments that a sitting president could not be charged based on the obstruction of justice statute and Article II of the Constitution.) The significant paragraph from Part 2 is one we've all already heard:
"Fourth, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgement. The evidence we obtained about the President's actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him." 
This leaves me to wonder: When Mr. Trump is no longer president and the OLC's opinion is no longer applicable, will the evidence collected by the Commission be sufficient bring obstruction of justice charges at that future time?


2 comments:

Unknown said...

Kudos to you for slogging through the Mueller report. Very dry reading I am sure. Thanks for your insights. In a true discussion with you I would venture to say you might not be so reserved. LOL . Maybe we will have that discussion.

John said...

Thank you, Unknown.