September 25, 2018

GIVING HIM ROPE:

Robert Mueller is playing a long game on the Russia investigation, and it's paying off (Norman Eisen and Asha Rangappa,  Sept. 24, 2018, USA Today)

Mueller has given up very little in buying that time -- and in agreeing to accept written answers from Trump. The reported offer only covers questions about possible collusion. On that front, Mueller may already have enough evidence without Trump's testimony, especially now that he has cooperation from Manafort and reportedly from Trump's Mr. Fix It, lawyer Michael Cohen.

Neither does the delay likely affect Mueller's obstruction of justice case, given the amount of already known evidence pointing to Trump's corrupt intent in firing former FBI Director James Comey. At this point, Mueller has contemporaneous notes from Comey's conversations with the president, in which he asked for "loyalty" and for the FBI to let go of its investigation of former national security adviser Michael Flynn (who has pleaded guilty to making false statements and will be sentenced Dec. 18). 

Mueller also has the president's own admission on national television that he fired Comey because of the "made-up" Russia story. And Mueller has had numerous unfettered interviews with White House counsel Don McGahn -- who knows of Trump's efforts to stop Attorney General Jeff Sessions from recusing from the Russia investigation, and may have more information about Trump pressure on the intelligence community to officially clear his name. 

Nor has Mueller given up his ultimate weapon. He could, if he chooses, issue a subpoena to compel the president to testify. By building a paper trail that shows he has tried everything in his power to obtain the president's voluntary cooperation, Mueller is strengthening his case if it ever does go to court.

In the meantime, the delay could even help add to Mueller's obstruction case against the president. With every angry tweet that rails against the Russia probe, Mueller or his own attorney general, Trump adds to Mueller's gallery of exhibits showing Trump's "corrupt" intent to quash the Russia investigation.

The protracted negotiation with Mueller, moreover, provides a specific issue for the president to focus on with his lawyers and a channel for him to vent his frustrations. Allowing the president to believe he is calling some shots and pushing back on the investigation gives Trump the illusion of control and makes him less likely to panic, lose his temper, and impulsively try to fire Mueller or his boss, Deputy Attorney General Rod Rosenstein.



Posted by at September 25, 2018 4:03 AM

  

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