Attention to the Unseen

Benjamin Wittes writes: I spent the week after the release of Special Counsel Robert Mueller’s report going through it section by section and writing a kind of diary of the endeavor. My goal was less to summarize the report than to force myself to think about each factual, legal, and analytical portion of Mueller’s discussion, which covers a huge amount of ground. Here are five conclusions I drew from the exercise: The president committed crimes. There is no way around…

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  Mimi Rocah and Renato Mariotti write: Special Counsel Robert Mueller’s report is 448 pages long, full of shocking conduct and detail that has prompted non-stop discussion since it was released last week. But one thing seems indisputable from our perspective as former federal prosecutors looking at the evidence laid out by the report: If Donald Trump were not now president he would have been indicted on multiple counts of obstruction of justice. And that case would be as strong,…

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The New York Times reports: The F.B.I. director warned anew on Friday about Russia’s continued meddling in American elections, calling it a “significant counterintelligence threat.” The bureau has shifted additional agents and analysts to shore up defenses against foreign interference, according to a senior F.B.I. official. The Trump administration has come to see that Russia’s influence operations have morphed into a persistent threat. The F.B.I., the intelligence agencies and the Department of Homeland Security have made permanent the task forces…

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Murray Waas writes: Prosecutors working for Special Counsel Robert Mueller concluded last year that they had sufficient evidence to seek criminal charges against President Donald Trump for obstruction of justice over the president’s alleged pressuring of then FBI Director James Comey in February 2017 to shut down an FBI investigation of the president’s then national security adviser, Michael Flynn. Privately, the two prosecutors, who were then employed in the special counsel’s office, told other Justice Department officials that had it…

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Politico reports: Special counsel Robert Mueller may be done, but President Donald Trump and his team are still adding to an already hefty record of evidence that could fuel impeachment proceedings or future criminal indictments. Team Trump’s bellicose tweets and public statements in the last few days are potentially exposing Trump to fresh charges of witness intimidation, obstruction of justice and impeding a congressional investigation — not to mention giving lawmakers more fodder for their presidential probes — according to…

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Garrett M Graff writes: Back in January, approximately 1,000 Robert Mueller news cycles ago, I argued that given the arc of the special counsel Russia probe, it’d be embarrassing for Donald Trump if he weren’t an agent of the Russian intelligence: “We’ve reached a point in the Mueller probe where there are only two scenarios left,” I wrote at the time. “Either the president is compromised by the Russian government and has been working covertly to cooperate with Vladimir Putin…

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Laurence Tribe writes: Despite Attorney General William Barr’s assurances and President Donald Trump’s boasts, the Mueller report doesn’t come close to exonerating the president of wrongdoing. Instead, it invites Congress to initiate impeachment proceedings. It’s time for Congress to heed that invitation. In its extensive discussion of the constitutional issues implicated by special counsel Robert Mueller’s 22-month investigation, the report asserts that Congress has the authority to apply law “to all persons – including the President.” Specifically, Congress may “protect…

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Susan Hennessey and Quinta Jurecic write: Here is, as Bill Barr might call it, “the bottom line”: The Mueller Report describes, in excruciating detail and with relatively few redactions, a candidate and a campaign aware of the existence of a plot by a hostile foreign government to criminally interfere in the U.S. election for the purpose of supporting that candidate’s side. It describes a candidate and a campaign who welcomed the efforts and delighted in the assistance. It describes a…

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Anne Applebaum writes: There is a lot inside the Mueller report, and it will all take many weeks to digest. But two things remain unexplained. One is the question of messaging. Why was Trump, all through the latter part of the 2016 campaign, repeating and using slogans that were conceived on Russian state media? Obama “founded ISIS” and Hillary Clinton will cause World War III : These were slogans first used by Sputnik and other Russian sources. We still don’t…

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Benjamin Wittes et al write: [B]y creating a rigorous factual record concerning both Russian intervention in 2016 and presidential obstruction of the effort to investigate that intervention, the report poses other questions acutely. Most importantly, it poses the question of whether this conduct is acceptable—not whether it’s lawful or prosecutable or whether the evidence is admissible, but whether as a nation we choose to accept it, and if not, what means we exercise to reject it. Mueller is not a…

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The New York Times reports: When Attorney General William P. Barr sent Congress a four-page letter last month describing his take on the conclusions of Robert S. Mueller III’s special counsel investigation, he quoted several fragments of Mr. Mueller’s then-secret report. But none of the excerpts were in context or even complete sentences, raising the question of whether he was portraying their thrust and tone accurately or skewing them to make them sound better for President Trump. Now that the…

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The Guardian reports: Armed rightwing militia members detained a large group of migrants at the US-Mexico border and coordinated with US border patrol agents to have them arrested, according to the American Civil Liberties Union, in a series of actions the civil liberties organization called a “kidnapping” and a flagrant violation of the law. Several videos taken at the border in New Mexico this week appeared to show men belonging to a group that calls itself the United Constitutional Patriots…

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Yoni Appelbaum writes: In the report, [Mueller] laid out 10 specific incidents his team examined, each of which might constitute—singly or in aggregate—evidence of obstructive conduct on the part of the president. “The Special Counsel’s decision to describe the facts of his obstruction investigation without reaching any legal conclusions leaves it to the Attorney General to determine whether the conduct described in the report constitutes a crime,” Barr wrote. But there is another, simpler way to understand Mueller’s report. A…

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Noah Bookbinder writes: [T]he Mueller report is an unmistakable act of deference to Congress’s primary jurisdiction over accountability for the president. The House Judiciary Committee must now pick up where Mr. Mueller left off and begin holding proceedings to determine whether Mr. Trump abused the powers of his office. The report details egregious evidence of obstruction, emphasizing the pattern of conduct that the president took after James Comey, then the F.B.I. director, confirmed the bureau’s investigation into possible links between…

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Garrett M. Graff writes: The Mueller report has been sitting in the Justice Department for nearly two weeks. Attorney general William Barr told Congress Wednesday he’s hoping the public will finally get a look at the 300-plus page document sometime within the next week, ending a bizarre period of dissembling and fumbling by Barr that has left America with more questions than answers about the seriousness of what Mueller uncovered. That public release, when it comes, will thankfully end the…

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CNN reports: Last Friday, the President visited Calexico, California, where he said, “We’re full, our system’s full, our country’s full — can’t come in! Our country is full, what can you do? We can’t handle any more, our country is full. Can’t come in, I’m sorry. It’s very simple.” Behind the scenes, two sources told CNN, the President told border agents to not let migrants in. Tell them we don’t have the capacity, he said. If judges give you trouble,…

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