Here are some highlights of the Mueller report from a legal journalist. It's a long article and worth reading and considering all of Wittes' points, not just the Russia ones.
A careful reading of the dense documents delivers some urgent insights.
"I spent the week after the release of Special Counsel Robert Mueller’s report going through it section by section and writing a kind of diary of the endeavor. My goal was less to summarize the report than to force myself to think about each factual, legal, and analytical portion of Mueller’s discussion, which covers a huge amount of ground. Here are five conclusions I drew from the exercise:
The president committed crimes.
Mueller does not accuse the president of crimes. He doesn’t have to. But the facts he recounts describe criminal behavior. They describe criminal behavior even if we allow the president’s—and the attorney general’s—argument that facially valid exercises of presidential authority cannot be obstructions of justice. They do this because they describe obstructive activity that does not involve facially valid exercises of presidential power at all.
The president also committed impeachable offenses.
Crimes and impeachable offenses are not the same thing, though they are overlapping categories. Some of the most obviously impeachable offenses described in the Mueller report are likely criminal as well. Some may not be. If I were a member of Congress, I would be thinking about which portions of the report describe, in my opinion, the most unacceptable abuses of power. A few stand out to me.
Trump was not complicit in the Russian social-media conspiracy.
Separating the wheat from the chaff is important, so let’s do so. While Trump has a great deal to answer for, Mueller unambiguously clears him—clears in the true sense of the word—of involvement in Russian efforts to interfere in the U.S. election by means of the Internet Research Agency’s social-media campaign.
Trump’s complicity in the Russian hacking operation and his campaign’s contacts with the Russians present a more complicated picture.
No, Mueller does not appear to have developed evidence that anyone associated with the Trump campaign was involved in the hacking operation itself. And no, the investigation did not find a criminal conspiracy in the veritable blizzard of contacts between Trumpworld and the Russians. But this is an ugly story for Trump.
Here’s the key point: If there wasn’t collusion on the hacking, it sure wasn’t for lack of trying. Indeed, the Mueller report makes clear that Trump personally ordered an attempt to obtain Hillary Clinton’s emails; and people associated with the campaign pursued this believing they were dealing with Russian hackers. Trump also personally engaged in discussions about coordinating public-relations strategy around WikiLeaks releases of hacked emails.
The counterintelligence dimensions of the entire affair remain a mystery.
Because the Mueller investigation was born out of a counterintelligence investigation, there has been an enduring impression that it had both criminal and counterintelligence elements. I have assumed this myself at times. How these two very different missions integrated within the Mueller probe has been much discussed.The Mueller report answers this question, and the answer is actually striking—and from my point of view alarming: The Mueller investigation was a criminal probe. Full stop.It was not a counterintelligence probe. Mueller both says this directly and also describes how the counterintelligence equities were handled.
https://www.theatlantic.com/ideas/archive/2019/04/ben-wittes-five-conclusions-mueller-report/588259/
A careful reading of the dense documents delivers some urgent insights.
"I spent the week after the release of Special Counsel Robert Mueller’s report going through it section by section and writing a kind of diary of the endeavor. My goal was less to summarize the report than to force myself to think about each factual, legal, and analytical portion of Mueller’s discussion, which covers a huge amount of ground. Here are five conclusions I drew from the exercise:
The president committed crimes.
Mueller does not accuse the president of crimes. He doesn’t have to. But the facts he recounts describe criminal behavior. They describe criminal behavior even if we allow the president’s—and the attorney general’s—argument that facially valid exercises of presidential authority cannot be obstructions of justice. They do this because they describe obstructive activity that does not involve facially valid exercises of presidential power at all.
The president also committed impeachable offenses.
Crimes and impeachable offenses are not the same thing, though they are overlapping categories. Some of the most obviously impeachable offenses described in the Mueller report are likely criminal as well. Some may not be. If I were a member of Congress, I would be thinking about which portions of the report describe, in my opinion, the most unacceptable abuses of power. A few stand out to me.
Trump was not complicit in the Russian social-media conspiracy.
Separating the wheat from the chaff is important, so let’s do so. While Trump has a great deal to answer for, Mueller unambiguously clears him—clears in the true sense of the word—of involvement in Russian efforts to interfere in the U.S. election by means of the Internet Research Agency’s social-media campaign.
Trump’s complicity in the Russian hacking operation and his campaign’s contacts with the Russians present a more complicated picture.
No, Mueller does not appear to have developed evidence that anyone associated with the Trump campaign was involved in the hacking operation itself. And no, the investigation did not find a criminal conspiracy in the veritable blizzard of contacts between Trumpworld and the Russians. But this is an ugly story for Trump.
Here’s the key point: If there wasn’t collusion on the hacking, it sure wasn’t for lack of trying. Indeed, the Mueller report makes clear that Trump personally ordered an attempt to obtain Hillary Clinton’s emails; and people associated with the campaign pursued this believing they were dealing with Russian hackers. Trump also personally engaged in discussions about coordinating public-relations strategy around WikiLeaks releases of hacked emails.
The counterintelligence dimensions of the entire affair remain a mystery.
Because the Mueller investigation was born out of a counterintelligence investigation, there has been an enduring impression that it had both criminal and counterintelligence elements. I have assumed this myself at times. How these two very different missions integrated within the Mueller probe has been much discussed.The Mueller report answers this question, and the answer is actually striking—and from my point of view alarming: The Mueller investigation was a criminal probe. Full stop.It was not a counterintelligence probe. Mueller both says this directly and also describes how the counterintelligence equities were handled.
https://www.theatlantic.com/ideas/archive/2019/04/ben-wittes-five-conclusions-mueller-report/588259/
