Robert Mueller made a significant legal error and, based on the facts he found, he should have identified Trump campaign felonies. Mueller’s errors meant that, first, he failed to conclude that the Trump campaign criminally coordinated with Russia; second, he failed to indict campaign chairman Paul Manafort and his deputy Rick Gates for felony campaign coordination (see in a concise timeline below); third, the 10 acts of felony obstruction in Volume II fell flat among the general public because it lacked compelling context of these underlying crimes between the campaign and Russia. On top of these errors, the former special counsel said he deliberately wrote the report to be unclear because it would be unfair to make clear criminal accusations against a president.
It seems Mueller did not hire any legal experts with experience in campaign finance regulation. Given that this investigation was about campaign crimes, this appears to a revealing oversight with serious consequences.
The entire point of a “conspiracy and coordination” investigation was the relationship between the two. The ongoing pattern of signal or invitation with response, of cause-and-effect, gets utterly lost in the hundreds of pages of details, the siloing of each character, and especially in the omissions and the errors.
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If Trump Weren’t President, He Would Already Be Charged
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, if not stronger, than many we saw working in New York and Chicago, respectively.
Justice Department policy prohibits the prosecution of a president while in office, but nothing forbids one from being charged after leaving the White House. The Mueller Report even noted one reason to investigate the president was to preserve evidence for possible future use even though Trump can’t be charged now. And Mueller collected a stunning array of evidence that clearly shows that from 2017 until 2019, Trump engaged in a persistent pattern to try to end, or at least limit the scope of, investigations surrounding him and his family.