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Mueller says Trump could still be charged with obstruction once he leaves office – live | Mueller says Trump could still be charged with obstruction once he leaves office – live |
(32 minutes later) | |
Judiciary hearing likely to stretch long | |
Jerry Nadler, the Democratic chairman of the House judiciary committee, just asked the remaining members of the panel to shorten their questioning due to time constraints. | |
The hearing was supposed to last three hours, which would mean it would end at 11:40 a.m. given the panel’s 10-minute break. But the likelihood of lawmakers shortening their questioning of Mueller seems ... slim. | |
Here is Washington bureau chief David Smith’s report from inside the room at Mueller’s hearing: | |
No wonder Robert Mueller was a reluctant witness. Washington’s partisan divide is again on full display in the packed committee room 2141 in the Rayburn building on Capitol Hill at a hearing unlikely to change many minds.Democrats are carefully guiding the former special counsel through Donald Trump’s various attempts to obstruct justice, including his effort to fire Mueller himself. Members are reading chunks of the report to him because he apparently declined to read it aloud: | |
One reason Dems are reading the report to Mueller, not the other way around: A congressional source involved in negotiations surrounding Mueller’s appearance says that Mueller’s team told the committees that he would decline to read from his report during the hearing | |
The downside of this is that the words come out of politicians’ mouths rather than carrying the neutral authority of Mueller’s own voice. He generally offers little more than “Yes”, “True”, “Correct” or “I refer you to the report”. The central Democratic case appears to be: “No one is above the law.”Republicans, for their part, have been grandstanding, often delivering speeches rather than asking questions, trying to chip away at Mueller’s credibility. They have suggested he overstepped by saying he could not exonerate Trump because he deserves the presumption of innocence as much as anyone else.There are about 70 people, many of them young, squeezed into public seating behind Mueller and his aides, watched over by police officers. Reporters are typing on laptops to one side. Whoever is speaking is shown on big TV screens on the walls.The only person who doesn’t want to be here is Mueller himself. Several times he has asked for questions to be repeated and he seems less familiar with his report than many of the members. Famously slow and methodical, these pinballing questions are not his forte. He is a star witness without star power. | |
Preet Bharara, a former US prosecutor who was fired by Trump, argued that Mueller nearly acknowledged that the president would have been indicted if he were not in office. | |
Citing an exchange between the special counsel and Representative Ted Lieu, a Democrat from California, Bharara said that Mueller was indicating that the only reason he didn’t charge Trump was because of a policy outlined by the Office of the Legal Counsel. | |
This is very very close to Mueller saying that but for the OLC memo, Trump would have been indicted https://t.co/gWuM1mEg2M | |
That OLC policy warns against indicting a sitting president. It reads: “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” | |
Mueller replied to a question from Representative Ken Buck, a Republican from Colorado, that Trump could be charged after he leaves office. | Mueller replied to a question from Representative Ken Buck, a Republican from Colorado, that Trump could be charged after he leaves office. |
Congressman: "Could you charge the President with a crime after he left office?"Mueller: "Yes."#MuellerHearing pic.twitter.com/ZCx89HWfE1 | Congressman: "Could you charge the President with a crime after he left office?"Mueller: "Yes."#MuellerHearing pic.twitter.com/ZCx89HWfE1 |
Mueller has repeatedly said he did not feel he could charge Trump because of longstanding Justice Department policy warning against indicting a sitting president. But that policy would no longer apply after Trump leaves office. | Mueller has repeatedly said he did not feel he could charge Trump because of longstanding Justice Department policy warning against indicting a sitting president. But that policy would no longer apply after Trump leaves office. |
Trump has once again weighed in on Mueller’s hearing to repeat his claim of “no obstruction.” | Trump has once again weighed in on Mueller’s hearing to repeat his claim of “no obstruction.” |
“Mueller was asked whether or not the investigation was impeded in any way, and he said no.” In other words, there was NO OBSTRUCTION. @KatiePavlich @FoxNews | “Mueller was asked whether or not the investigation was impeded in any way, and he said no.” In other words, there was NO OBSTRUCTION. @KatiePavlich @FoxNews |
But Mueller has over and over again in his testimony emphasized that he did not consider it his team’s responsibility to determine whether Trump obstructed justice. | But Mueller has over and over again in his testimony emphasized that he did not consider it his team’s responsibility to determine whether Trump obstructed justice. |
Instead, Mueller laid out several instances in his report that may constitute obstruction of justice and left the decision up to Congress. He has also repeatedly emphasized that, in accordance with Justice Department policy, he did not believe he had the ability to indict a sitting president. | Instead, Mueller laid out several instances in his report that may constitute obstruction of justice and left the decision up to Congress. He has also repeatedly emphasized that, in accordance with Justice Department policy, he did not believe he had the ability to indict a sitting president. |
Under questioning from Representative Ken Buck, a Republican from Colorado, Mueller cited his inability to indict a sitting president. | Under questioning from Representative Ken Buck, a Republican from Colorado, Mueller cited his inability to indict a sitting president. |
“One of the tools that a prosecutor would use is not there,” Mueller said of his team’s considerations of Trump’s potential obstruction of justice. | “One of the tools that a prosecutor would use is not there,” Mueller said of his team’s considerations of Trump’s potential obstruction of justice. |
Mueller was citing a long-standing Justice Department policy outlined by the Office of Legal Counsel. The official policy reads: “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” | Mueller was citing a long-standing Justice Department policy outlined by the Office of Legal Counsel. The official policy reads: “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” |
But, but, but: the special counsel noted that Trump could be charged after he left office. | But, but, but: the special counsel noted that Trump could be charged after he left office. |
Mueller has deflected questions dozens of times | Mueller has deflected questions dozens of times |
Mueller has declined or deflected questions asked by House members 60 times already, according to a count by NBC News. | Mueller has declined or deflected questions asked by House members 60 times already, according to a count by NBC News. |
And CBS News noted that Mueller has provided one-word responses at least 41 times. | And CBS News noted that Mueller has provided one-word responses at least 41 times. |
Mueller confirmed in response to a question from Representative Cedric Richmond, a Democrat from Louisiana, that Trump asked staff to falsify records connected to the special counsel’s investigation. | Mueller confirmed in response to a question from Representative Cedric Richmond, a Democrat from Louisiana, that Trump asked staff to falsify records connected to the special counsel’s investigation. |
Rep. Richmond: "So it's fair to say that the president tried to protect himself by asking staff to falsify records relevant to an ongoing investigation?"Mueller: "I would say that's generally a summary." pic.twitter.com/GhZepIkn7y | Rep. Richmond: "So it's fair to say that the president tried to protect himself by asking staff to falsify records relevant to an ongoing investigation?"Mueller: "I would say that's generally a summary." pic.twitter.com/GhZepIkn7y |
Booker: Report is enough to start impeachment proceedings | Booker: Report is enough to start impeachment proceedings |
Our colleague Lauren Gambino reports from the NAACP convention in Detroit that presidential candidate Cory Booker said Mueller’s report “is enough of an indication that the House of representatives should begin impeachment proceedings against the president.” | Our colleague Lauren Gambino reports from the NAACP convention in Detroit that presidential candidate Cory Booker said Mueller’s report “is enough of an indication that the House of representatives should begin impeachment proceedings against the president.” |
You can expect to hear that line a lot from pro-impeachment Democrats if Mueller’s hearing doesn’t produce any bombshell moments. | You can expect to hear that line a lot from pro-impeachment Democrats if Mueller’s hearing doesn’t produce any bombshell moments. |
So far, Mueller’s testimony hasn’t advanced impeachment cause | So far, Mueller’s testimony hasn’t advanced impeachment cause |
There seems to be a general consensus building that Mueller has so far not helped the cause of pro-impeachment Democrats. | There seems to be a general consensus building that Mueller has so far not helped the cause of pro-impeachment Democrats. |
The special counsel’s answers have been slow and deliberate, and he has stuck to his commitment to avoid going beyond the details of his report. There have seemingly been no bombshell moments for pro-impeachment Democrats to point to in their argument to start an inquiry. | The special counsel’s answers have been slow and deliberate, and he has stuck to his commitment to avoid going beyond the details of his report. There have seemingly been no bombshell moments for pro-impeachment Democrats to point to in their argument to start an inquiry. |
A longtime Washington Post congressional reporter put it bluntly: | A longtime Washington Post congressional reporter put it bluntly: |
No mincing words here: bad morning for pro-impeachment crowd. They needed a bravo testimony to sway public opinion (and Pelosi). That hasn’t happened, so far. Many hours remain. Let’s see. | No mincing words here: bad morning for pro-impeachment crowd. They needed a bravo testimony to sway public opinion (and Pelosi). That hasn’t happened, so far. Many hours remain. Let’s see. |
Unsurprisingly, the president is watching the special counsel’s hearing. He just tweeted a “quote” from Fox News anchor Chris Wallace. But Trump’s Twitter quotes should be taken with a grain of salt, given his penchant for being less than exact in his accuracy. | Unsurprisingly, the president is watching the special counsel’s hearing. He just tweeted a “quote” from Fox News anchor Chris Wallace. But Trump’s Twitter quotes should be taken with a grain of salt, given his penchant for being less than exact in his accuracy. |
“This has been a disaster for the Democrats and a disaster for the reputation of Robert Mueller.” Chris Wallace @FoxNews | “This has been a disaster for the Democrats and a disaster for the reputation of Robert Mueller.” Chris Wallace @FoxNews |