Special Counsel Robert Mueller’s
report has been published in a redacted form, but the vast majority of
Americans have read little or none of it and thus are vulnerable to being
misled by misinterpretations of it, especially because the United States
Attorney General provided his own characterization of it that was not
consistent with that of the Special Counsel and Trump and many of his
supporters falsely declared the report an exoneration. Some of Donald Trump’s supporters have
discouraged people from reading the Mueller Report, which seems inconsistent
with Trump’s boasts that it vindicates him.
I encourage people to read the report and consider its implications:
https://www.justice.gov/storage/report.pdf. It is now time to begin to determine the next
appropriate steps.
First, it is necessary to
understand the scope and limitations of the Special Counsel investigation and
the Mueller Report. The Special Counsel
investigation was both a counterintelligence and criminal investigation that
was limited to certain questions about Russian interference in the 2016
presidential election. The report
observes the investigation was partly hindered by witnesses who lied, declined
to testify (e.g. Trump refused to submit to an interview) or who had not
retained electronic documentary evidence, and by some evidence remaining in
out-of-reach foreign hands. The entire
second volume of the Mueller Report details Trump’s flagrant attempts to
obstruct justice, a judgment about prosecuting for which was precluded by
Justice Department policy against prosecuting a sitting president. The Special Counsel documented the evidence
for prosecution after Trump leaves office and left the broader political
decision about impeachment on this question up to Congress. Trump’s Attorney General made the decision
not to prosecute, declaring Trump’s innocence, contrary to the entire point of
having an independent Special Counsel.
The Mueller Report is also incomplete
because it does not include all of the counter-intelligence part of the
investigation. For example, the report
refers to additional Kremlin interference besides those that resulted in
indictments of Russians by the Special Counsel’s grand jury. The report notes ongoing prosecutions by the
Special Counsel and his federal criminal referrals of numerous other matters,
including the possible coordination between the Trump Campaign and Russia
through Roger Stone and Wikileaks. The
Special Counsel’s investigation was itself only one of many partly overlapping
investigations, including those by committees in both chambers of
Congress.
The office of Special Counsel
conducted a thorough criminal investigation and was able to reach conclusions,
within its limited parameters. It
brought numerous indictments and obtained several guilty pleas and convictions
of Trump associates. The Mueller Report
explains how the Special Counsel reached the conclusions he could that were
within his legal scope about criminal conspiracy, not the non-criminal law term
“collusion,” while also uncovering some evidence of crimes that were not
sufficient to prove beyond a reasonable doubt and of wrongdoing that was short
of criminality, while leaving judgments about its findings to Congress and the
American people.
The Mueller
Report describes interference in American politics by Russian Federation
President Vladimir Putin, starting in 2014, in a more “sweeping and systematic”
active measures campaign of political influence than ever before
conducted. Note: ex-KGB officer Putin presides
over an authoritarian, kleptocratic regime that is inimical to the United States, despite some common interests
with Russia. The Russian autocrat fostered doubts about
sources of truth, exploited and exacerbated partisan and ideological divisions,
and decreased confidence in elections. Russia had long
cultivated the far-left, but began also to cultivate the far-right and conservatives
to improve Putin’s image among Americans.
These efforts set the stage for a pro-Putin presidential candidate, particularly
in the Republican Party that had heretofore been unfavorable to him, although
the Kremlin interfered in both major parties’ nomination processes. His election interference specifically
promoted Donald Trump’s candidacy both in the GOP primaries and the general
election and included a voter suppression component that also discouraged
voters on the left from voting for the Democratic presidential general election
ticket. Putin turned many ordinary
Americans into unwitting agents who spread his propaganda and disinformation
and even attended Russian-organized rallies, including in Pennsylvania.
The Special
Counsel reports that candidate Trump had business interests with Russia
during the presidential campaign that he concealed and lied about, which left
him potentially compromised by Putin. The
presidential candidate used his campaign to boost Putin’s favorability. Trump accepted and even publicly welcomed
Russian campaign interference on his behalf.
The Trump campaign coordinated its messaging with the publication of
data stolen by the Russians and released through a Kremlin cutout. Trump and his campaign, knowingly or not,
amplified Putin’s pro-Trump propaganda and disinformation. Trump Campaign Manager Paul Manafort, who was
convicted of and pleaded guilty of crimes through the Special Counsel’s
investigation, including failing to register as a foreign agent for pro-Russian
Ukrainian politicians, shared internal campaign polling data and strategy with
a Kremlin spy, including in regard to Pennsylvania. The statewide election for presidential
Electors was determined by a total of only 44,292 votes.
The Mueller Report must be followed
up on by pursuing answers to the questions it left unanswered, further
identifying vulnerabilities to foreign attacks on American sovereignty through
political and election interference, developing and implementing
countermeasures through improved cybersecurity, closing legal loopholes the
report exposed and holding those complicit accountable.
Because Congress must see the
fuller Mueller Report in order to fulfill its role of conducting oversight of
the Executive Branch and of enacting laws, members with security authorizations
must be able to see it, except only for those redactions that are legally
necessary. They must be able to see
the exhibits that were included in the published report and need to hear the
testimony of Special Counsel Mueller in order to understand better his
decisions and whether he disagrees with the Attorney General’s characterizations
of the report and the decision not to prosecute instead of leaving the decision
to Congress and the people. Congress must be able to interview other witnesses or subpoena other documents.
In addition to the role of federal
prosecutors and that of Congress, the American people will have a role in
rendering judgment on the findings of the Special Counsel’s report.