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Former special counsel Robert S. Mueller III testified on Wednesday before the House Intelligence and Judiciary Committees. Following the hearing, Lawfare brought together Jim Baker, Bob Bauer, Susan Hennessey and Margaret Taylor for a conversation hosted by Benjamin Wittes. They talked about the testimony, what it means for Congress and President Trump, and they talked about Mueller’s legacy as he leaves the scene.
For those who want to figure out what Mueller has said about Trump, here is a list: all of Trump’s actions as detailed in the Mueller report.
Developing a coherent line of questions for the former special counsel is hard given what he will not talk about and the time constraints. Here’s what I would ask him.
The House Committee on the Judiciary will host a second hearing on the Mueller report entitled, “Lessons from the Mueller Report, Part II: Bipartisan Perspectives” at 10:00 a.m. on Thursday. A video of the hearing is available here and below.
The House Committee on the Judiciary will host a hearing entitled "Lessons from the Mueller Report: Presidential Obstruction and Other Crimes" at 2:00 p.m. on Tuesday. A video of the hearing is available below, along with witnesses' prepared testimonies.
Witnesses include John Dean, former White House counsel under President Richard Nixon; Joyce White Vance, former U.S. Attorney; John Malcolm, Senior Legal Fellow at the Heritage Foundation; and Barbara McQuade, former U.S. Attorney.
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.
A new Lawfare Institute e-book, "Reflections on the Mueller Report," is now available on Kindle.
The special counsel’s take on whether obstruction of justice can apply to presidential actions facially within Article II authority is consistent with the text, history, structure and principles of the Constitution, as well as the Supreme Court’s case law on the subject.
The issue of whether former White House Counsel Don McGahn’ will testify before Congress raises questions about executive privilege and the compelled congressional testimony of senior presidential advisers that the courts have only seldom, if ever, addressed.