What Will Mueller Do? The Answer Might Lie in a By-the-Book Past

Many agents who worked under him say this personality made him the perfect person to remake the bureau after the Sept. 11 attacks. Others chafed at his unrelenting style. A common criticism is that, after 12 years in office, he had filled the F.B.I.’s senior ranks with two types of people:

  1. big personalities whose naturally intense styles matched his, and
  2. those who ultimately submitted to his will.

It is not that he was uncaring; colleagues recall his compassion during difficult periods in their lives. Rather, he is focused — at the expense of nearly everything else — on the job.

“He didn’t care about internal politics. He doesn’t care about people’s reactions to things,” Ms. Arguedas said.

.. When Mr. Mueller learned that C.I.A. officers were waterboarding prisoners, locking them in coffins, chaining them to walls and keeping them awake for days, he famously ordered his F.B.I. agents not to participate.

For Democrats and human rights advocates, it was a laudatory but ultimately mealy-mouthed response. The F.B.I., after all, has the authority to investigate torture and prison abuses.

“Why did you not take more substantial steps to stop the interrogation techniques that your own F.B.I. agents were telling you were illegal?” Representative Robert Wexler, Democrat of Florida, asked in 2008.

For Mr. Mueller, the answer was obvious. The Justice Department had declared the C.I.A. tactics legal, and it was not his job to challenge that conclusion.

.. That may be why Mr. Mueller has allowed negotiations to drag on for more than eight months over whether Mr. Trump will sit for an interview. Forcing the issue with a subpoena would test the limits of executive power, and Mr. Mueller does not make such moves lightly.

  1. .. “He wants the public to believe he gave the president every opportunity to have his side heard.”
  2. .. She opposed a Justice Department policy shielding federal prosecutors from oversight by state ethics officials, and she suspected he felt the same way. But he refused to budge, even privately. “It’s an institution,” she said, “and you follow the rules.”
  3. .. He is heard from so infrequently that, when Robert De Niro and Kate McKinnon portrayed him on “Saturday Night Live,” neither even tried to mimic his voice. For someone who spent more than a decade in some of Washington’s most important jobs, Mr. Mueller is most often seen in brief archival video clips or old photographs.

    . For someone who spent more than a decade in some of Washington’s most important jobs, Mr. Mueller is most often seen in brief archival video clips or old photographs.

    .. A less splashy finale suits Mr. Mueller. He likes letting documents do the talking, and as a prosecutor and F.B.I. director, colleagues said, he regularly excised hyperbole or flourish from his prepared public comments.

    .. One of the defining moments of his F.B.I. tenure came in 2004, when Mr. Mueller and the deputy attorney general, James B. Comey, raced to the hospital room of the ailing attorney general, John Ashcroft.

    .. When Mr. Mueller next appeared before Congress, Democrats had to claw to extract even the barest confirmation from Mr. Mueller. “I don’t dispute what Mr. Comey says,” he said bluntly. Mr. Mueller had a powerful political story but went to great lengths to avoid fueling the fight.

    .. “I guess it covered very generally what had happened in the moments before,” Mr. Mueller said, not giving an inch.

    “And what had happened in the moments before?”

    “Well, again,” Mr. Mueller said, “I resist getting into conversations.”

    That moment revealed not only Mr. Mueller’s reluctance to be drawn into a political fight, but also the contrast with Mr. Comey, who would succeed him at the F.B.I. While the two men share mutual respect, friends say the two have never been personally close — despite Mr. Trump’s efforts to paint them as such. Among their biggest differences, Mr. Comey was at ease in the limelight and made contentious decisions in the name of transparency during the investigation of Hillary Clinton.

    .. Mr. Mueller has always preferred to let others do the talking. If, as special counsel, he unearths evidence that Mr. Trump committed a crime, former colleagues say they are certain he will try to hold Mr. Trump accountable. But if the evidence is not clear cut, they say, he will not feel compelled to tell a story just because it involves the president.

    .. Mr. Pistole and others said they had no doubt that Mr. Mueller was bothered by Mr. Trump’s tweets accusing the F.B.I. and the Justice Department — two agencies he dedicated his life to — of being part of a “deep state” working against his presidency.

    As for the president’s remarks about Mr. Mueller and his team personally? “I wouldn’t be surprised if he is somewhat unconscious about all of this,” Ms. Haag said. “I wouldn’t be surprised if it was in one ear and out the other.”

  4. .. Mr. Mueller has shown that he is interested in investigating Mr. Trump’s tweets when they might be evidence of a crime. Everything else is just background noise.
  5. “He’s going to find out what there is to find out, and he’s going to say it in the most straightforward, neutral way possible,” Ms. Arguedas said. “And then he’s going to walk away, because his job will be done. He won’t go on any talk shows, and he won’t write a book.”

Why Mueller Can’t Subpoena Trump

There are significant factual disputes about these episodes, but all involve the president’s exercise of his core constitutional powers as chief executive, including the power to appoint and remove high-level executive-branch officials, to supervise the performance of their duties (as in the Espy case), and to determine law-enforcement priorities. We have argued in these pages that the president cannot obstruct justice by exercising the discretionary powers of his office, especially in determining whether and why to fire high-level presidential appointees like Mr. Comey. According to the two leaked letters from Mr. Trump’s lawyers to Mr. Mueller, they take essentially the same view.

Any prosecution based on Mr. Trump’s exercise of his core constitutional authority would dramatically impair the executive’s status as a coequal branch of government, considering that Congress enjoys immunity under the Speech and Debate Clause while exercising its legislative powers. It would also inject the judiciary into the president’s decision-making process, requiring judges to delve into matters that are inherently political.

Developments over the past year reinforce our view that it would unconstitutionally debilitate the presidency to base an obstruction charge on gainsaying the president’s motives in exercising his core responsibilities. Mr. Trump’s critics have also accused him of obstructing justice by using his pardon power. They claim his pardons of Joe Arpaio, Scooter Libby and Dinesh D’Souza —whom he considers victims of previous political prosecutions—were meant to reassure targets of Mr. Mueller’s probe that they too might be pardoned. Under such logic, a president under investigation could not discharge his constitutional duties at all, including the use of military force overseas—which can always be cast as a “wag the dog” strategy.

..  That independent-counsel investigation did not concern the exercise of presidential authority. They concerned allegations of perjury and obstruction from Mr. Clinton’s personal relationship with a White House intern.

.. Because constitutional considerations were not in play

.. Mr. McGahn spent nearly 30 hours describing the substance of his conversations with Mr. Trump and offering his assessment that the president’s actions were lawful.

With access to the relevant documents and everyone around the president, the special counsel has no material facts left to find.

.. Interviewing or interrogating the president could shed additional light only on his own thoughts and motives—exactly what executive privilege is designed to protect.

.. Mueller knows that losing a subpoena court fight would prolong and delegitimize his investigation. He is unlikely to press the point.

 

Mueller Brings Heightened Scrutiny to Roger Stone, Longtime Trump Adviser

Among developments, ‘Manhattan Madam’ Kristin Davis testifies before grand jury hearing evidence in the Russia election-interference probe

On Thursday, Mr. Mueller subpoenaed the man Mr. Stone claims was his back channel to WikiLeaks throughout the campaign—New York comedian and radio personality Randy Credico. The subpoena was confirmed by Mr. Credico’s attorney, Martin Stolar.
Separately, self-described “Manhattan Madam” Kristin Davis, who has close ties with Mr. Stone, testified Friday before the grand jury hearing
.. The Wall Street Journal has reviewed emails showing Mr. Stone told Mr. Credico in September to “please ask Assange” for information that would be damaging to Democratic presidential nominee Hillary Clinton.

Mr. Credico has denied being a conduit between WikiLeaks and Mr. Stone. He says he didn’t have a relationship with Mr. Assange until the WikiLeaks founder agreed to do his radio program on Aug. 25, weeks after Mr. Stone claimed to be in touch with him.Mr. Stone has said WikiLeaks never gave him any information and that he never had special access to the website’s material.

Mr. Stone said Friday that while Mr. Credico told him in the summer of 2016 that WikiLeaks planned to release “substantial information on Hillary Clinton” that October, Mr. Credico didn’t tell him “what the source, content or scope of the WikiLeaks disclosures would be.”

.. Mr. Credico told the Journal on Thursday he was a “nervous wreck,” but he indicated that he plans to appear before the grand jury.

.. an aide to Mr. Stone, Andrew Miller, was held in contempt of court for refusing to testify before the grand jury. A judge had rejected Mr. Miller’s argument that Mr. Mueller’s appointment was unconstitutional and ordered him to answer questions. His lawyer, Paul Kamenar, said he asked to be held in contempt to appeal the judge’s ruling.

Trump lawyer Giuliani says special counsel Robert Mueller is bluffing

Trump’s current thinking, per Giuliani (and Axios), is that enough is enough:

‘It’s like a guy playing poker. [Mueller is] bluffing, and he’s only got a pair of twos.’
Rudy Giuliani
The reason Mueller, whose investigation has led to indictments of or guilty pleas by 32 individuals and three commercial enterprises, won’t show his cards by producing a summary report, Giuliani reportedly tells Axios, is that he does not “have a goddamn thing.”