It’s Not Over At All

From attorney George Conway:

Attorney General William Barr’s letter revealed something unexpected about the obstruction issue: that Mueller said his “report does not conclude that the President committed a crime” but that “it also does not exonerate him.” The report does not exonerate the president? That’s a stunning thing for a prosecutor to say. Mueller didn’t have to say that. Indeed, making that very point, the president’s outside counsel, Rudolph W. Giuliani, called the statement a “cheap shot.”

But Mueller isn’t prone to cheap shots; he plays by the rules, every step of the way. If his report doesn’t exonerate the president, there must be something pretty damning in it about him, even if it might not suffice to prove a crime beyond a reasonable doubt. And in saying that the report “catalogu[ed] the President’s actions, many of which took place in public view,” Barr’s letter makes clear that the report also catalogues actions taken privately that shed light on possible obstruction, actions that the American people and Congress yet know nothing about.

At the same time, and equally remarkably, Mueller, according to Barr, said he “ultimately determined not to make a traditional prosecutorial judgment” regarding obstruction. Reading that statement together with the no-exoneration statement, it’s hard to escape the conclusion that Mueller wrote his report to allow the American people and Congress to decide what to make of the facts. And that is what should — must — happen now.

From columnist Greg Sargent:

One glaring analytical error we’re seeing in the coverage of Robert S. Mueller III’s findings is the idea that we’re suddenly in a “post-Mueller” political world. The suggestion is that there’s been a sudden, clean break from a rapidly receding past in which the special counsel’s activity threatened President Trump, to a new future in which it does not.

The reality is quite different. In fact, while Mueller’s no-conspiracy finding does close one chapter of this affair, the Mueller probe and its spinoffs added substantial new material to the building case against Trump’s corruption, and they have spawned other investigations that will keep that process moving forward….

Because of all these investigations and their consequences, Trump has been implicated in a criminal hush-money scheme…  We have also learned from Trump’s former fixer Michael Cohen that Trump may have gamed his assets for insurance and tax fraud purposes — and that clues to these potential crimes may lie in his tax returns. Cohen also says those returns might shed light on his family’s extensive history of tax fraud.

All that has led to a plethora of other investigations into multiple Trump organizations, which largely grew out of the Mueller investigation. Some of what we learned has created new avenues of inquiry for House Democrats, who are looking into everything from Trump’s role in the hush-money scheme, to whether Trump’s lawyers coached Cohen to lie to Congress about his Moscow project, to his financial entanglements with Russia…. 

Given that the White House is resisting all Democratic subpoena requests — something that we should remember in tandem with likely Trump efforts to keep Mueller’s findings buried — it’s hard to say where all this will end up. But one thing that’s clear is that the focus on Trump’s corruption will continue to intensify and broaden.

The emerging narrative is that demoralized Democrats are debating how to “move on” from Mueller. But Democrats don’t have to get drawn into that debate. That’s because the Mueller probe and its spinoffs have actually made the political terrain a lot more fertile for the focus on Trump’s corruption than before. And the ongoing ripple effects of those investigations will continue to do so.

For example, in one development today:

House Oversight Committee Chair Rep. Elijah Cummings has requested ten years of documents related to President Donald Trump’s past financial dealings….

The request comes after testimony from Trump’s former lawyer, Michael Cohen, raised questions as to whether Trump inflated or deflated the value of his financial assets during the course of past business transactions….Cohen said that Trump would inflate his total assets in order to obtain more favorable treatment from banks (in addition to deflating his assets in order to reduce his tax burden).

In his letter to [tax and accounting firm] Mazars LLP, Cummings requested “all statements of financial condition, annual statements, periodic financial reports and independent auditors’ reports.” He also asked for “all engagement agreements or contracts related to the preparation, compilation, review, or auditing of the items” used to determine Trump’s net worth—specific, it appears, to his use of brand value to inflate that net worth. 

And this:

The head of the House Intelligence committee wants to know if [the completion of the Special Counsel’s inquiry into potential criminal conspiracy regarding Russia] means the FBI’s counterintelligence probe into the same question has also concluded.

Rep. Adam Schiff [announced] that he’s begun negotiations with the intelligence agencies to get an answer to one of the many unknowns about the Mueller probe currently hidden behind the veil of Attorney General William Barr’s letter on Sunday purporting to summarize it.

“At this point, we don’t know whether any of the counterintelligence findings are part of the Mueller report,” Schiff said. “We have initiated discussions with the intelligence community to make sure that we obtain whatever is found in the counterintelligence investigation, or whether that [inquiry] is still ongoing.”

In January, The New York Times, citing in part the FBI’s former top lawyer, James Baker, reported that the bureau opened a counterintelligence inquiry into Trump’s ties to Russia in May 2017 after the president fired Director James Comey, who was then in charge of the overall Russia probe. Mueller, soon empaneled as special counsel, inherited that investigation.

Current and former FBI and Justice Department officials have characterized a counterintelligence probe into a sitting president—with its implication that the president, wittingly or not, posed a threat to national security — as unprecedented…. 

The bureau’s counterintelligence investigations seek to understand the surreptitious activities of a foreign power and their possible connections to Americans. Since their objectives are not necessarily to bring charges, their standards of evidence are well below those of criminal inquiries. It is possible that Mueller closed the counterintelligence inquiry, and it is possible that Mueller passed it back to the FBI. Schiff wants to know either way.