The former special counsel’s testimony is not ultimately important for any bombshells or revelations but for initiating the long-belated creation of an Article I record of the president’s conduct.
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No one defends the Mueller report’s actual reasoning, and there are good reasons why alternate arguments for the report’s conclusions did not make it into the document.
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.
The text of the special counsel’s detailed, damning report is rightfully receiving much attention. Most analysis has nevertheless failed to appreciate the narrow channel Robert Mueller needed to navigate when crafting this report—and just how deftly he managed to do so.
Editor’s Note: Below are the executive summaries of the two volumes of Special Counsel Robert Mueller's final report. Volume I deals with links between Russia and the Trump campaign, while Volume II deals with potential obstruction of justice by President Trump. This article is available in audio format on the Lawfare Podcast: Special Edition:
The completion of the Mueller investigation is no small democratic accomplishment and was not a foregone conclusion in an environment in which the president has repeatedly sought to smear and frustrate the investigation.
Before today, we asked what Mueller was going to do. Today, we ask a subtly different question: What is it that he has written?
Witch hunt or no, the Mueller investigation has so far produced a lot of litigation, and that litigation has produced a lot of documents. Today, Lawfare is releasing a new resource page collating significant documents from the numerous cases filed by and against the special counsel's office. You can find the page here or under "Special Features" in the menu bar above.
The release of the Watergate 'road map' precipitated a debate about whether the special counsel should follow a similar path. But there is another course of action.
On Monday, Judge Dabney Friedrich of the the U.S. District Court for the District of Columbia ruled against a motion challenging the constitutionality of Special Counsel Robert Mueller’s appointment. The full order is below: