Nor does it matter that I believe any public report Mueller files about the president should be succinct. Yes, Mueller is merely a prosecutor; he is not counsel to a congressional committee conducting an impeachment investigation. The Justice Department is not supposed to speak publicly about the evidence against uncharged persons — in fact, Comey’s violation of this principle was Rosenstein’s rationale for recommending his dismissal. To my mind, either there is enough evidence to charge a crime, in which case Mueller should ask the Justice Department for permission to indict (and address the standing DOJ guidance against indicting a sitting president), or there is not, in which case Mueller should state that prosecution should be declined owing to insufficiency of the proof.
But again, what I think is beside the point. This has been a highly irregular investigation from the start. There is every reason to suspect that the same politicians who rebuked Comey for publicizing the Clinton evidence will demand full disclosure of the Trump evidence, even if Mueller recommends no criminal charges. And the new Democratic Congress will have a sound rationale for doing so: High crimes and misdemeanors need not be indictable offenses, so even if Mueller has not found prosecutable crimes, he could conceivably have found impeachable offenses.
This brings us to my 2019 caveat: If Mueller’s highly elastic warrant is to probe Trump “collusion” with the Kremlin, why would he stop if the president keeps giving him reasons to continue?
The first cabinet meeting of the new year found the president making the appalling claim that “the reason Russia was in Afghanistan” — i.e., the reason the Soviet Union invaded Afghanistan in 1979 — “was because terrorists were going into Russia.” Trump astonishingly added, “They were right to be there.”
For a guy under investigation for colluding with the Kremlin, the president’s remarks are also noteworthy because they are exactly what Putin would want Trump to say.
.. ‘Collusion’ — the Evidence
Just sticking with what we know (as if Mueller has no other information): Cronies of Putin told Trump-campaign officials that the Russian government wanted Trump to win the election. Trump recruited into his campaign the likes of Paul Manafort and Rick Gates, who had close ties and multi-million-dollar business dealings with Putin cronies, including leaders of the Kremlin-backed Ukranian political party that was largely responsible for the strife in Ukraine that has led to civil war and Putin’s annexation of Crimea. Manafort, who became Trump’s campaign chairman, offered briefings on the campaign to Oleg Deripaska, an oligarch so close to Putin that the latter has interceded on Deripaska’s behalf to protest U.S. travel restrictions. The Trump campaign also recruited as a foreign-policy adviser Carter Page, an obscure figure best known for being so sympathetic to the Kremlin, and so financially involved in the Russian energy sector, that Russian intelligence attempted to recruit him as an asset in 2013 (apparently unsuccessfully).
Meantime, top Trump-campaign officials elected to take a meeting with a Kremlin-connected lawyer at which they expected to receive incriminating information on Hillary Clinton that came straight from Russian-government files. The meeting was a bust — the lawyer, Natalia Veselnitskaya, appears to have used it as an opportunity to lobby top Trump associates against the Magnitsky Act, a notorious pet peeve of Putin’s. Yet the president’s son, Don Jr., apparently at the president’s urging, attempted to mislead the New York Times about the genesis of the meeting, coming clean only after learning that the Times had, and was about to publish, Trump Jr.’s emails detailing the expected transmission of campaign dirt about Clinton.