By Aaron Miller-
The Mueller report which will form the testimony of Robert Mueller before Congress today is broad in its content. Mueller will be questioned about the findings in his report but has been given boundaries within which to stick. The report contains aspects that will be analysed in its legal context, but no criminal charges will be brought against president Trump because Mueller, who has solid legal training, says it is against the American Constitution to prevent a sitting president from carrying out his duties.
The carefully worded report simply states that a sitting president can be investigated in his first term. That sets the boundaries, but where it leads is the question . What the conclusion of the investigation turns out to be. An investigation is what is going on now, and Trump has always beat past investigations . This is another challenge that may test the strength of his support in Congress
The tone of this report is suggestive of improper conduct but in its exclusion of criminal charges leaves the option of impeachment proceedings . Some insiders doubt two thirds of the House will go for impeachment, although calls for exactly that are getting louder in some circles. Trump has so far overcome all hurdles that has been thrown his way, and the melo drama of his presIdency enters into bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbanother phase.
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INTERFERED
The Mueller report categorically states that Russia interfered in the presidential elections in a sweeping and systematic fashion,” and that Trump may have harmed the integrity of the U.S justice system.
The detailed 448 page report gives a steady breakdown of Muller’s professional judgement in his investigation into possible collusion of Trump and his representatives with The Russian government. It confirms undeniable interaction between Trump Campaign representatives and Russia and states that the U.S president interfered with witnesses to the Ministry Of Justice’s probe by asking people to fire the Special counsel , then lie about recollecting the instruction.
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The interference referred to here is interpreted as bringing the justice system to disrepute , by harming its integrity. The report It proceeds to confirm that Trump campaign officials, including Carter Page, George Papadopoulos, Michael Flynn, Donald Trump Jr., Jared Kushner and Paul Manafort, all had contacts with Russians. However it does not claim that Trump campaign officials “conspired or coordinated with the Russian government in its election interference activities.
In relation to Russia, the report “describes “disinformation” campaigns on social media, the goal of which “included supporting the Trump Campaign and disparaging candidate Hillary Clinton,” in addition to the release of documents damaging to the Clinton campaign. Six people were charged last tear for making false statements, either to law enforcement, Congress, or The Department Of Justice.
The report highlighted Mueller’s discontent with the president’s seemingly evasive responses, saying he objects to the “insufficiency” of the answers which “demonstrate the inadequacy of the written format, as we have had no opportunity to ask follow-up questions that would ensure complete answers and potentially refresh your client’s recollection or clarify the extent or nature of his lack of recollection.”
He gave an example in which the president could not remember discussing WikiLeaks with Roger Stone, or whether he knew that the Trump Tower meeting had taken place during the campaign. Forgetting certain details of an event is possible, but this inquiry depends what they make of the none responses based on a claim of forgetfulness.
The report also describes “disinformation” campaigns on social media, the goal of which “included supporting the Trump Campaign and disparaging candidate Hillary Clinton,” in addition to the release of documents damaging to the Clinton campaign. Six people were charged last tear for making false statements, either to law enforcement, Congress, or The Department Of Justice.
Michael Flynn, Roger Stone, George Papadopolous, Michael Cohen, Paul Manafort and Richard Gates were all charged with making false statements, either to law enforcement, Congress or the Department of Justice, to evade detection.
This aspect of the investigation, resulted in federal charges against 25 Russian individuals and three Russian companies. The section of the report that states Trump campaign officials had interactions with Russians, but there was no evidence that he “wilfully violated the law” opens up a can of worms for those carefully analysing the report.I
It proceeds to confirm that Trump campaign officials, including Carter Page, George Papadopoulos, Michael Flynn, Donald Trump Jr., Jared Kushner and Paul Manafort, all had contacts with Russians. This sis not the same as saying that Trump campaign officials “conspired or coordinated with the Russian government in its election interference activities,” because there is no evidence of that.
LINKS/CO-ORDINATION
It adds that while investigating “any links and/or coordination” between individuals associated with the Trump campaign and the Russian government, the special counsel’s office found that “in some instances, the Campaign was receptive to the offer, while in other instances the Campaign officials shied away.”
It proceeds to confirm that Trump campaign officials, including Carter Page, George Papadopoulos, Michael Flynn, Donald Trump Jr., Jared Kushner and Paul Manafort, all had contacts with Russians. However it does not claim that Trump campaign officials “conspired or coordinated with the Russian government in its election interference activities.”
“The Office ultimately concluded that, even if the principal legal questions were resolved favourably to the government, a prosecution would encounter difficulties proving that Campaign officials or individuals connected to the Campaign wilfully violated the law,” the report said. On June 9, 2016, Trump Jr., Manafort and Kushner met with a Russian lawyer, Natalia Veselnitskaya, at Trump Tower in New York City where the high-ranking Trump campaign officials expected to discuss potentially damaging information about Clinton.
THRESHHOLD
Mueller explored the potential legal implications of that meeting in the context of whether it was in breach of laws in relation to prohibited campaign contributions. Mueller said:
“A threshold legal question is whether providing to a campaign ‘documents and information’ of the type involved here would constitute a prohibited campaign contribution. The foreign contribution ban is not limited to contributions of money. It expressly prohibits ‘a contribution or donation of money or other thing of value.’ The phrases ‘thing of value’ and ‘anything of value’ are broad and inclusive enough to encompass at least some forms of valuable information.”
“The investigation has not developed evidence that the participants in the meeting were familiar with the foreign-contribution ban or the application of federal law to the relevant factual context”, he said
And the shifting explanations of the meeting, which took place a year later, was not perceived to be driven by knowledge of criminal wrongdoing, but instead to “avoid political consequences.” Trump was not charged with a crime, but was not exonerated on obstruction he said
In the introduction to Volume II of the report, Mueller lays out his conclusion on whether President Trump obstructed justice:
“If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice we would so state.” The report goes on to say, “while this report does not conclude that the President committed a crime, it also does not exonerate him.” Mueller said he could not charge Mr. Trump because of Department of Justice policy contained in an opinion by the Office of Legal Counsel from a 2000 memo.
Whilst ruling out any indictment or criminal charges against the president for constitutional reasons, Mueller said ”it does permit the investigation of the president during his term”. Mueller said efforts by Trump to obstruct the investigation were generally not successful because of lack of co-operation from those he chose to use.
“The President’s efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests,” the report said.
Mueller noted in the report that Mr. Trump often expressed his displeasure publicly. For example, in a July 2017 interview with The New York Times, Mr. Trump lambasted his then-Attorney General Jeff Sessions and later tweeted messages indicating that Sessions might lose his job.
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