The most that can be hoped of someone in Mueller’s challenging position is that if he made mistakes, it will be apparent that he erred in good faith, not for condemnable lack of judgment, independence or courage—and in all likelihood, another pick for the job would have done worse.
Bob Bauer served as White House Counsel to President Obama. In 2013, the President named Bob to be Co-Chair of the Presidential Commission on Election Administration. He is a Professor of Practice and Distinguished Scholar in Residence at New York University School of Law, as well as the co-director of the university's Legislative and Regulatory Process Clinic.
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Testimony by Robert Mueller risks becoming a political circus. But Mueller could use the opportunity to reflect on his experience operating under the current legal regime for special counsels.
If the president’s lawyers release their prewritten rebuttal in response to the Mueller report, attorney-client privilege will not shield them from having to testify before Congress.
Nancy Pelosi’s remarks on impeachment seem to capture where we now stand in the conception and politics of this constitutional process.
Anyone looking to pass the time until the special counsel releases his report might consider reading former Independent Counsel Ken Starr’s recently published book.
President Trump seems to have relied on the White House counsel’s office for advice on declaring a national emergency—but then disregarded the office’s repeatedly expressed doubts about the legal basis for the declaration.
The Senate has a responsibility to do so—but not an express constitutional obligation. And in a time of disregard for established institutional practice and norms, the current leadership of the Senate could choose to abrogate them once more.