\"The facts you set out in your report and have spoken about today, tell a disturbing tale of a massive Russian interference in our election, of a campaign so eager to win, so driven by greed, it was willing to accept the help of a hostile power in a presidential election decided by a handful of votes in a few key states,\" Schiff said.
\"They risked going to jail by lying to you, to the FBI and to congress about it and indeed some have gone to jail over such lies. And your work speaks of a president who committed many acts of obstruction of justice. Had it been anyone else in the country they would have been indicted,\" Schiff said.
Mueller Testifies About President Trump’s Crimes
\"That should be enough to deserve the attention of every American, as you well point out. But your report tells another story as well. For the story of the 2016 presidential election is also a story about disloyalty to country, about greed, and about lies,\" he continued.
But Mueller pointedly talked about the lingering question of why his report did not recommend, one way or the other, that President Donald Trump should be prosecuted for obstruction of justice for allegedly interfering with his inquiry into Russian meddling in the 2016 presidential election and possible coordination with Russians by members of the Trump campaign.
The Mueller special counsel investigation was an investigation into Russian interference in the 2016 United States elections, links between associates of Donald Trump and Russian officials, and possible obstruction of justice by Trump and his associates. The investigation was conducted by special prosecutor Robert Mueller from May 2017 to March 2019. It was also called the Russia investigation, the Mueller probe, and the Mueller investigation.[1][2] The Mueller investigation culminated with the Mueller report, which concluded that though the Trump campaign welcomed Russian interference and expected to benefit from it, there was insufficient evidence of a criminal conspiracy to charge Trump.[3] The report did not reach a conclusion about possible obstruction of justice of Trump, citing a Justice Department guideline that prohibits the federal indictment of a sitting president.[4][5][6] The investigation resulted in charges against 34 individuals and 3 companies, 8 guilty pleas, and a conviction at trial.[7][8]
On potential obstruction of justice by President Trump, the investigation "does not conclude that the President committed a crime",[18] as investigators would not indict a sitting president per an Office of Legal Counsel opinion.[19][20] However, the investigation "also does not exonerate" Trump, finding both public and private actions "by the President that were capable of exerting undue influence over law enforcement investigations".[21] Ten episodes of potential obstruction by the president were described.[22][23] The report states that Congress can decide whether Trump obstructed justice,[24] and has the authority to take action against him.[25][26][27] Attorney General William Barr and Deputy Attorney General Rod Rosenstein, who had authorized the Mueller probe, decided on March 24, 2019, that the evidence was insufficient to establish a finding that Trump committed obstruction of justice.[28] Upon his resignation on May 29, 2019, Mueller stated that, "The Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing."[29][30][17] In July 2019, Mueller testified to Congress that a president could be charged with obstruction of justice (or other crimes) after he left office.[31]
As special counsel, Mueller had the power to issue subpoenas,[67] hire staff members, request funding, and prosecute federal crimes in connection with the election interference along with other crimes he may uncover.[68] The constitutionality of indicting a sitting president remains an unsettled legal question.[69][70][71][72]
The second volume of the report investigated the topic of obstruction of justice, describing ten episodes where Trump may have obstructed justice as president and one episode before he was elected, and analyzing each in terms of the criteria needed to constitute criminal obstruction.[246][23][22] The investigation found both public and private actions "by the President that were capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations".[21] However, Trump mostly failed to influence it because his subordinates or associates refused to carry out his instructions.[247][248][249] The Mueller team refrained from charging Trump with obstruction because investigators abided by a DOJ Office of Legal Counsel (OLC) opinion that a sitting president cannot stand trial,[19][20] and they feared that charges would affect Trump's governing and possibly preempt a potential impeachment.[24][20][250] In addition, investigators felt it would be unfair to accuse Trump of a crime without charges and without a trial in which he could clear his name.[19][20][251] Since they had decided "not to make a traditional prosecutorial judgment" on whether to "initiate or decline a prosecution," the special counsel's office "did not draw ultimate conclusions about the President's conduct." The report "does not conclude that the president committed a crime",[18][252] but specifically did not exonerate Trump on obstruction of justice, because investigators were not confident that Trump was innocent after examining his intent and actions.[253][254] The report concluded that Congress has the authority to take further action against Trump on the question of obstruction of justice, stating that no one is above the law.[25][26][254][247]
On May 29, 2019, Mueller announced that he was retiring as special counsel and that the office would be shut down, and he spoke publicly about the report for the first time.[255] Saying "[t]he report is my testimony," he indicated he would have nothing to say that wasn't already in the report. On the subject of obstruction of justice, he said he had been prohibited by Justice Department policy from charging the president with a crime and that any potential wrongdoing by a president must be addressed by a "process other than the criminal justice system".[256] This suggested that the investigation could now be picked up by Congress.[30][17][29] He stressed that the central conclusion of his investigation was "that there were multiple, systematic efforts to interfere in our election. That allegation deserves the attention of every American."[257] He also stated: "If we had had confidence that the President clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime".[30][17]
The House Judiciary and Intelligence committees subpoenaed Mueller on June 25, 2019, with a letter saying that "the American public deserves to hear directly from you about your investigation and conclusions." Mueller reluctantly agreed to testify publicly with a scheduled date of July 17.[258] This date was later pushed back to July 24.[259] During his testimony, Mueller answered Republican Representative Ken Buck that a president could be charged with obstruction of justice (or other crimes) after the president left office.[31]
For many observers, the report issued by Special Counsel Robert Mueller on the issue of Russian interference in the 2016 presidential election was more of a Rorschach Test than a definitive document. Those who believe President Donald Trump acted improperly certainly found enough evidence to confirm that belief. And those who were convinced the entire investigation was a waste of time could point to the fact that the president wasn't charged with any crimes to support their position.
Mr Trump has fumed about Mr McGahn for months, after it became clear that much of the former special counsel's report was based on his testimony. The president has bashed his former White House counsel on Twitter and has reportedly insisted to advisers that the attorney not be allowed to humiliate him in front of Congress.
The former special counsel also denied Mr Trump's claims he was cleared of obstruction in the report into Russian interference in the 2016 election, telling the House Judiciary Committee, "the president was not exculpated for the crimes that he allegedly committed." Mr Mueller also said Mr Trump could be prosecuted for the alleged crimes when he is no longer the sitting president. 2ff7e9595c
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