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Home / World

Analysis: Mueller has given Congress the green light on impeachment

By Dan Balz analysis
Washington Post·
29 May, 2019 08:45 PM6 mins to read

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Special Counsel Robert Muller speaks at the Department of Justice. Photos / AP

Special Counsel Robert Muller speaks at the Department of Justice. Photos / AP

For months, congressional Democrats have looked to Robert Mueller to offer the justification for opening an impeachment inquiry against US President Donald Trump for obstruction of justice.

Today, the Special Counsel did everything but flash the green light for which they've been waiting.

Mueller's 10-minute statement was a careful and telling distillation of the 448-report he issued earlier this year.

He repeated that, had he and his team been able to clear the President of obstruction, they would have done so, but did not. He then made it clear that because charging a sitting president with a crime is prohibited by Justice Department regulations, the only way to hold a sitting president accountable for possible crimes lies with Congress and powers vested by the Constitution.

Mueller's appearance now leaves House Democrats, led by Speaker Nancy Pelosi, with an unpalatable choice.

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She can authorise a politically explosive impeachment inquiry opposed by a majority of the American people - and one that surely would die in the Republican-controlled Senate - or appear to abdicate in the face of the evidence of obstruction contained in the Mueller report.

This is the choice that has been weighing on the Speaker for some time, but Mueller's statement - and his declaration that he would offer nothing more substantive than what is in the report even if called to testify on Capitol Hill - adds significantly to the pressure to make a decision, one way or the other. Pelosi, however, appears to prefer to defer that decision as long as possible.

Nothing Mueller said today was not there in the pages of his report, but the power of his appearance - the first time he has spoken publicly since he took charge of the investigation two years ago - carried weight that the written word might not have.

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Mueller left it to Congress to make its own decisions about impeachment, but overall he provided little comfort to the President.

To the contrary, he made a series of points that undercut what Trump has claimed about the investigation and about what the investigators concluded.

The President had said repeatedly that the investigation was a "witch hunt".

He has repeatedly questioned whether the Russians interfered in the 2016 election and that their efforts were aimed at helping him and hurting Hillary Clinton.

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He has claimed, since the report was issued, that Mueller's team found no collusion, no obstruction and therefore the report amounted to "total exoneration."

Speaker of the House Nancy Pelosi.
Speaker of the House Nancy Pelosi.

Mueller justified the investigation as a response to "multiple, systematic efforts to interfere in our election" by the Russians.

That his team concluded that there was not sufficient evidence of a conspiracy by associates of the Trump campaign, he said what Russians did "deserves the attention of every single American". That presumably includes the President.

Mueller stressed that because of long-standing Justice Department regulations, charging the President was "not an option we could consider". But he specifically noted those same departmental rules say "that the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing".

After Mueller's statement, the President issued a tweet that was a several steps removed from his previous claim of "total exoneration".

"Nothing changes from the Mueller Report," he tweeted. "There was insufficient evidence and therefore, in our Country, a person is innocent. The case is closed! Thank you."

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Congressional Democrats countered. The case is far from closed, they said, but exactly what path they will follow remains in question.

Mueller is, in his own Mueller-like way, screaming for presidential impeachment proceedings. But he's too respectful to say it as directly as America (and Congress) evidently needs him to say it.

— Garrett M. Graff (@vermontgmg) May 29, 2019

House Judiciary Committee Chairman Jerrold Nadler vowed to push forward. On the question of whether he would launch an impeachment inquiry, he said: "All options are on the table".

House Democrats cannot have it both ways indefinitely.

Today, they continued to accuse the President of committing "crimes, lies" and other misdeeds, as Nadler put it during his brief news conference. Pelosi spoke in a statement of investigating the President for "his abuse of power". She added: "The American people must have the truth".

During an appearance in San Francisco, Pelosi echoed Nadler that all options are on the table, but she reiterated that she would rather move deliberately, not hastily.

She said all investigations underway in six House committees will continue, that the House will continue to seek documents and testimony and will let the evidence guide the decisions.

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In pointing to the various investigations, Pelosi implies that there could yet be other evidence produced that would put the President in jeopardy beyond any questions of obstruction of justice.

She argued that any case against the President must be compelling - "iron clad," as she put it - to create support for further action and possibly affirmation by the Senate.

By slowplaying, she's gradually making Trump look worse without it seeming terribly partisan. His approval rating is down, and Democrats still have plenty of optionality for how to proceed later. https://t.co/uOozJUKzfE

— Nate Silver (@NateSilver538) May 29, 2019

"We want to do what is right and get results," she said, emphasising "results" as her ultimate goal.

Others are more impatient.

Several Democratic presidential candidates and some House Democrats, spurred by Mueller's words, are now demanding that the House move immediately to an impeachment inquiry.

But they do not yet constitute critical mass that forces Pelosi's hand.

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A majority of rank-and-file Democrats also favour moving toward impeachment, but House leaders are weighing the overall cost of yielding to public opinion within their own party versus the potential cost striking at the President without success.

Many Democrats still want to hear from Mueller directly. They want him to answer their questions about his investigation.

"We won't be swayed by a few people who think one way or another who are running for president as much as I respect all of them & they have the freedom to be for impeachment. We have the responsibility to get a result for the American people & that's where we're going." - Pelosi

— Jim Sciutto (@jimsciutto) May 29, 2019

But the Special Counsel is a by-the-book prosecutor and career Justice Department official. He conducted the investigation on his terms, with no leaks. He made his statement in the way he wanted, with his own words written out and no questions taken from the reporters.

If he were to eventually appear on Capitol Hill, it's doubtful House Democrats could extract from him any more than what he gave to the public today. He said so explicitly.

"The report is my testimony," he said. "I would not provide information beyond that which is already public in any appearance before Congress."

Democrats perhaps hoped Mueller would yet throw them a lifeline by stating directly that the evidence generated by his investigation justifies impeachment proceedings.

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He signalled they won't get that from him, but suggested they have what they need and the power to act, if they choose.

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