Monday, September 27, 2021

The myths about the Mueller report that just won't die, continued

 This is a continuation of the myths about the Mueller report, with the first two already posted.

Myth 3. Case closed. No do-overs.

RESPONSE: Mueller investigated the case under criminal statutes, which is a narrow window of inquiry. Congress has a broader responsibility to determine whether the President committed high crimes and misdemeanors for which impeachment is appropriate.

Myth 4. Focus on obstruction detracts from focus on Russia.

RESPONSE: Focusing on obstruction is focusing on Russia. Mueller concluded that Russia interfered in the 2016 election in a 'sweeping and systematic fashion.' The report documents Trump's efforts to end or curtail the investigation, his refusal to be interviewed, and written answers that Mueller found 'inadequate.' It also notes that members of the campaign lied, refused to answer questions and deleted communications. Obstruction is a crime precisely because those who engage in it seek to keep investigators from arriving at the truth. As Mueller wrote in Volume I of the report, pertaining to a conspiracy with Russia, 'given these identified gaps, the Office cannot rule out the possibility that the unavailable information would have shed additional light on (or cast in a new light) the events described in the report.' Efforts to obstruct the investigation may have shielded not only the conduct of members of Trump's campaign, but also active measures by Russia to interfere with our election.

Myth 5. If there was no underlying crime, there can be no obstruction of justice.

RESPONSE: Obstruction of justice included not just completed acts but also attempts. Regardless of Trump's motive -- perhaps to conceal his payments to silence Stormy Daniels, perhaps to avoid the appearance that his election was illegitimate because it was achieved with assistance from a foreign adversary -- his efforts to interfere with Mueller's investigation legally amounts to obstruction of justice, even under the narrow definition and high standard of proof Mueller used. Of course, crimes 'were' charged against 37 individuals and entities, including more than two dozen Russian nationals.

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