To speak in terms of collusion rather than conspiracy—as the Russia investigation coverage often does—only confuses matters. Contrary to what you may have heard from sundry “strategists” and “analysts,” collusion is neither a crime nor a term that has a legally consequential meaning. The word has a pejorative feel, especially in the last seven months. But literally, all it means is “concerted activity.” That could be criminal or noncriminal, sinister or benign.
Thus, if we insist on asking about “collusion” in the context of a criminal investigation, we’re really asking two questions: was there any concerted activity between two or more people, and, if yes, what was the precise nature of the activity—i.e., collusion in what?
That is where we are at with respect to the Trump Tower meeting. In light of the Donald Trump, Jr. emails and the meeting that followed them, it makes little sense to me to claim there was no “concerted activity.” Yet, the “in what?” question remains vital.
.. Since there is now indisputable proof of some kind of concerted activity between Trump campaign staff and potential Russian operatives, it is worth focusing investigative attention on the exact purpose of that activity and the nature of the relationship.
.. Nevertheless, a counterintelligence investigation is the wrong vehicle for such an inquiry. It is not designed to investigate wrongdoing. Its purpose is to collect intelligence in order to understand a foreign power’s designs and to predict its behavior. It is forward-looking, whereas criminal investigations are retrospective. It seeks to assess, not to prove. As such, there are no natural limitations on the investigator’s warrant; it is completely open-ended.
.. It is fair to observe that there was more interaction between Donald Trump’s campaign and the Russian regime (including Putin’s oligarch cronies) than the president and his subordinates acknowledged. Even if that interaction is unrelated to Russia’s cyber-espionage, the nature and extent of the relationship merits investigation.
But an investigation of a president necessarily compromises an administration’s capacity to govern. That can harm the country. Therefore, the investigation must have parameters.
.. The applicable regulations make it incumbent on the Justice Department to specify what exactly a special counsel is authorized to investigate. The Justice Department has failed to do this, a dereliction that must be rectified. Complying with this requirement would not prevent special counsel Mueller from seeking an expansion of his jurisdiction were he to discover behavior that warrants additional investigation. But limits must be imposed.
If they are not, there is no telling where the probe will wander, how long it will take, and how paralyzing it will be. And that does not serve the country well.