The order appointing me special counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation, and we kept the office of the acting attorney general apprised of the progress of our work. And as set forth in the report, after that investigation, if we had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime.
The introduction to the Volume II of our report explains that decision. It explains that under longstanding department policy, a president cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view, that, too, is prohibited. A special counsel’s office is part of the Department of Justice, and by regulation, it was bound by that department policy. Charging the president with a crime was therefore not an option we could consider. The department’s written opinion explaining the policy makes several important points that further informed our handling of the obstruction investigation. Those points are summarized in our report, and I will describe two of them for you.
First, the opinion explicitly permits the investigation of a sitting president, because it is important to preserve evidence while memories are fresh and documents available. Among other things, that evidence could be used if there were co-conspirators who could be charged now.
And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing.
I will close by reiterating the central allegation of our indictments, that there were multiple, systemic efforts to interfere in our election. And that allegation deserves the attention of every American. [Emphasis mine, continue reading…]
Robert Mueller’s statement makes it clear: Congress has a legal and moral obligation to begin impeachment proceedings immediately.
— Cory Booker (@CoryBooker) May 29, 2019