Robert S. Mueller

Latest in Robert S. Mueller

Federal Law Enforcement

In Defense of Mueller’s Obstruction Theory: A Reply to Jack Goldsmith

I am far too good a lawyer—despite not being one at all—to take on Jack Goldsmith on a matter combining statutory interpretation, the presidency, and the historic positions of the Justice Department’s Office of Legal Counsel (OLC) without a healthy dose of humility. So let me start by saying that I’m not saying Goldsmith’s critique of Mueller’s statutory analysis on obstruction of justice is wrong.

Federal Law Enforcement

What Mueller Got Right

Special Counsel Robert Mueller has concluded his investigation, and many questions remain. Chief among them is what animated Mueller’s decision not to reach a conclusion on possible obstruction of justice by the president. Why did he choose to follow Department of Justice policy prohibiting the indictment of a sitting president? Would he have indicted the president without that policy? Why did he seemingly leave it to Congress—and, perhaps inadvertently, to Attorney General William Barr—to make a final judgment on the president’s conduct?

The Russia Connection

The Latest Revelation From BuzzFeed News: Trump Reportedly Directed Cohen to Lie to Congress

The criminality alleged in this story is—if true—unsubtle and unambiguous, directly related to the president’s conduct as president and concerning matters of great import.

The Russia Connection

Norms and ‘Unwritten Rules’ Facing the Special Counsel in a Trump Presidency

When Special Counsel Robert Mueller indicted 12 Russian intelligence agents on the eve of the Helsinki summit, former attorney general Michael Mukasey smelled a rat. Writing in the Wall Street Journal, Mukasey contends that Mueller had in mind to embarrass President Trump or limit his room to maneuver in the one-on-one meeting with Russian President Vladimir Putin.

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