From the BBC:
“Mueller hearing: Have we learned
anything new?”
During his public appearance in
May announcing the end of his special counsel inquiry, Robert Mueller said he
didn't want or need to testify before Congress on the results of his
investigation. On Wednesday, it was
clear why he felt that way. The Justice Department publicly issued guidelines
on Tuesday that set boundaries on Mr Mueller's testimony, instructing him to
stay within the confines of the written report. Mr Mueller said he would abide by this -
echoing similar comments he made two months ago. This virtually ensured that
the former special counsel's testimony would not cover much new ground.
Instead, Democrats had to pick and choose what episodes and findings they
wanted to highlight, in the hopes that Mr Mueller would offer affirmation or
further corroboration. He frequently did, but usually in the least dramatic
fashion imaginable. His answer to a question about the president asking White
House staff to falsify documents relevant to the investigation, for instance,
was simply: "I would say that's generally a summary". The Justice
Department ground rules all but guaranteed that Mr Mueller's testimony would be
awkward and halting, as he repeatedly paused to refer to specific pages of the
report. Mr Mueller's responses were
peppered with lines like: "I can't answer that question"; "I
can't get into that"; "I don't recall"; "that's out of my
purview"; and "I'll refer you to the report". That he frequently
made them while leaning away from his microphone to look at his papers made
things only more awkward to watch.
Mueller outlines his
investigation
In addition, Mueller at times
seemed all of his 74 years of age - a step behind the congressional
questioners, who had clearly rehearsed for their five minutes apiece in the
spotlight. As both Republicans and Democrats furiously tried to shape the
public's view of the report, Mueller frequently had the look of a man in the
middle of a busy intersection, trying not to get hit by cars. At the beginning
of the afternoon hearing, Mr Mueller even had to go back and correct an earlier
answer about why he did not indict the president for obstruction of justice. This hearing was always going to feature a
fair amount of grandstanding by the politicians in the room - such behaviour is
hardwired into their DNA. Partisan grandstanding tends to only confirm the
existing views of those who watch, however. If undecided Americans were hoping for
definitive statements from Mr Mueller - or even relatively clear or coherent
soundbites from the former special counsel - they were few and far between.
The man 'not watching'
Donald Trump insisted that he
wasn't going to watch the Mueller hearing - and his legal team insisted their
reaction to the whole proceedings would be a collective shrug. As is often the
case, however, Mr Trump's Twitter feed tells a different story. He tweeted
eight times about the Mueller investigation on Tuesday morning before the
hearings began, including his old chestnut "No collusion, no
obstruction!" He also challenged Mr Mueller to say under oath that he did
not "apply" to be the president's selection to replace fired FBI
Director James Comey. Mr Mueller did not hesitate to contradict Mr Trump,
saying instead that he had met the president to talk about the attributes a new
director should have. Since the hearings began, the president has retweeted or
quoted conservatives who have praised Republicans on the committee or
criticised Democrats and Mr Mueller, including citing Fox's Chris Wallace, who
called it "a disaster for the Democrats and a disaster for the reputation
of Robert Mueller". It certainly hasn't been a great day for the Democrats
in Congress who were hoping Mr Mueller's testimony might fuel calls for formal
presidential impeachment hearings. If anything, it will probably play into
hands of Speaker of the House Nancy Pelosi, who has tried to tamp down the
impeachment drive, instead opting for a slow and steady congressional
investigatory approach. Mr Mueller's appearance had been long awaited and much
anticipated, but although it arrived with considerable fanfare, the US political
landscape is almost certain to look the same the day after these hearings as it
was the day before.
Far from a 'total exoneration'
A key moment for Democrats came
early in Mr Mueller's testimony, when Judiciary Chair Jerry Nadler directly
asked him if his report was a "total exoneration" of the president,
as Mr Trump has insisted. "No," was Mr Mueller's short and direct
answer. Mr Mueller confirmed that he
believed Justice Department rules prevented the special counsel from indicting
a sitting president for any criminal acts. What's more, Mr Mueller also
confirmed that he had repeatedly tried to interview Mr Trump about the
instances of possible obstruction - that it was vital to the investigation and
in the public interest - but Mr Trump had refused. Did the president refuse to
be interviewed? Yes, says Mueller. Democrats have fought hard against the early
characterisation of the Mueller report by Attorney General William Barr that
there was insufficient evidence to find Mr Trump had obstructed justice. Mr
Mueller confirmed that he believed he could make no such determination one way
or another - although his report had stated that if Mr Trump had been
exonerated, it would have said so. This wasn't new information, of course, but
it was helpful for Democrats to get Mr Mueller to say it in person once again,
on wall-to-wall national television coverage.
A president 'below the law'
If Democrats found it outrageous
that the special counsel investigation couldn't exonerate Mr Trump of criminal
obstruction of justice, Republicans were outraged as well - but for an entirely
different reason. In one of the more dramatic portions of Mr Mueller's
testimony, Republican John Ratcliffe of Texas pressed Mr Mueller to explain why
his report pointedly said it would have cleared Mr Trump of obstruction if it
had definitely concluded that was the case. "Which [Department of Justice]
policy or principal sets forth a legal standard that an investigated person is
not exonerated if their innocence from criminal conduct is not conclusively
determined?" Mr Ratfliffe asked. Mr Mueller began to answer that the
investigation of the president was a "unique situation", but the
Texas congressman was having none of it - "respectfully", he
repeatedly added. "It was not the special counsel's job to conclusively
determine Donald Trump's innocence or to exonerate him because the bedrock
principle of our justice system is a presumption of innocence," he said. The
president isn't above the law, he continued, "but he damn sure shouldn't
be below the law". Mr Mueller's lack of a conclusion on presidential
obstruction is one of the biggest open questions coming out of the special
counsel's inquiry. The double-negative assertion that Mr Trump didn't definitely
not commit an illegal act has been held up by Democrats as a big flashing sign
pointing to what Mr Mueller secretly believes but felt he couldn't say - that
the president should have been charged with a crime. Mr Ratcliffe, and Republicans throughout the
morning, made very clear they thought that was patently unfair.
A Russian attack, not a 'hoax'
While Mr Mueller's obstruction of
justice investigation ended with a question mark, his inquiry into any criminal
conspiracy between the Trump campaign and Russia concluded with a full-stop.
There was insufficient evidence, he said, to bring charges. Perhaps because of
this, it has received somewhat less political and media attention in the months
since the Mueller report came out - even if it was the central thrust of the
investigation. On Wednesday afternoon, however, the breadth of the Russian
attacks on the US electoral process were front and centre. And in their
questioning, Intelligence Committee Democrats bluntly set out the case that,
while Mr Mueller may have concluded no crime was committed, some of the actions
and statements by Mr Trump and his campaign team were troubling. Mr Mueller
agreed that Russia's primary goal was to help Mr Trump win the presidency and
the Trump campaign "welcomed" the assistance; that several members of
the Trump campaign, including the candidate himself, had business dealings or
other contacts with Russians; that several individuals connected to the Trump
campaign lied to investigators; and that the Trump campaign incorporated
documents hacked and publicly released by Russian agents into their campaign
strategy. Contrary to the president's insistence, Mr Mueller said, the Russia
investigation wasn't a "witch hunt" and Russian election-meddling was
not a "hoax". Asked specifically about Mr Trump's praise of Wikileaks
and its "treasure trove" of hacked documents, Mr Mueller said calling
such remarks problematic "was an understatement". Problematic
statements aren't a criminal conspiracy, however, and it's clear at this point
that the price Mr Trump will pay for them, if any, will be political, not
legal.
The partisan muddle that lies
ahead
Robert Mueller has been
presented, at various times and by various parties, as a hero or villain - an
avenging angel who would expose corruption or the part of a corrupt
establishment himself. After six hours of testimony, the former special counsel
- for two years the silent sphinx of Washington - spoke extensively, but he
revealed he had little of the superhuman powers that have been attributed to
him. In his sometimes stumbling testimony, he stuck by the text of his
voluminous report, leaving the American political landscape much the way it sat
before he entered the committee room on Wednesday morning. Democrats hoping
that Mr Mueller would offer the kind of sweeping testimony that fuels calls for
presidential impeachment will surely be disappointed. Republicans, including
the president himself, who were hoping for vindication at last - "No
collusion! No obstruction!" - did not receive it. Instead, the partisan
muddle remains. Investigations in Congress will continue to plod along. Those
on the left will continue to decry what they see as the president's obvious
crimes and ethical shortcomings. Republicans will continue to insist the
president is being smeared by false accusations. In the end, like all political
disputes, the American public will be the final arbiter. In this case, that
judgement will be passed at the ballot box, 15 months from now.
^ I watched the hearing and did
not learn one new thing that wasn’t in the officially published report. It
really seems like this was a big waste of time and money since, from the beginning,
it was made clear to the Democrats that Mueller wouldn’t be making any new statements
not already found in his report. It was more of a circus show than a hearing. We
knew the Russian Government meddled in our Election and plan to try again in
out next one. I’m not saying Trump is or is not involved (I’m taking Mueller’s
stance) but the way the Democrats have handled this report and hearing is
laughable. They were hoping for some big “smoking gun” and didn’t receive it.
They should now move on otherwise they are just beating an already dead-horse.
^
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