On Sunday afternoon, Attorney General Bill Barr presented a summary of Special Counsel Robert Mueller’s conclusions that contained a few sentences from Mueller’s final report, one of which directly addressed the question of collusion between Donald Trump’s campaign and Russia: “The investigation did not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.” In a footnote, Barr explained that Mueller had defined “coordination” as an “agreement—tacit or express—between the Trump campaign and the Russian government on election interference.”
Mueller’s full report has not been made available to the public yet, so it’s not clear whether it sets forth everything the special counsel’s office learned over the course of its nearly two-year investigation—including findings about conduct that was perhaps objectionable but not criminal—or whether it is more tailored and explains only Mueller’s prosecution and declination decisions. But national-security and intelligence experts tell me that Mueller’s decision not to charge Trump or his campaign team with a conspiracy is far from dispositive, and that the underlying evidence the special counsel amassed over two years could prove as useful as a conspiracy charge to understanding the full scope of Russia’s election interference in 2016.
“As described by Barr, at least, Mueller’s report was very focused on criminal-law standards and processes,” said David Kris, a founder of Culper Partners, who served as the assistant attorney general for the Justice Department’s National Security Division under former President Barack Obama. “We won’t know for sure if that is the case, and if it is the case, why Mueller confined himself in that way, until we see the full report.” Kris noted, however, that “there is no question that a counterintelligence investigation would have a wider aperture than a strict criminal inquiry as applied here, and would be concerned, for example, with the motivations and any sub-criminal misconduct of the principal actors.” [Continue reading…]