Mueller launches a final hand grenade at Bill Barr AFTER speaking his 'last words' revealing memo criticizing AG for his press conference on day of report's release
- Special Counsel Robert Mueller spoke to the media about his Russia investigation
- He said he hoped it would be his only public statement about it
- An aide also distributed a memo that included Attorney General Bill Barr's answers to questions, along with what Mueller would say
- Mueller stressed that his report did not charge President Trump with a crime because Justice Department regulations would not have allowed it
- He said charging the president with a crime was 'not an option we could consider'
- President Trump tweeted immediately that the case was 'closed'
- Mueller does not want to appear publicly before Congress, according to House Judiciary Chairman Jerold Nadler
- Mueller turned in a 448-page report to Barr in March, but had not spoken publicly about it as of Wednesday morning
- Mueller wrote Barr to say that his own four-page letter 'did not fully capture the context, nature, and substance' of the report
Special Counsel Robert Mueller exposed key splits with Attorney General William Barr over crucial decisions during his investigation – even pushing out a memo that exposed diverging statements while delivering what he said was his only public comment.
'I hope and expect this to be the only time that I will speak about this matter,' Mueller told reporters Wednesday during a nine-minute statement – his first formal public utterance since handing in his 448-page report on Russian election interference.
But despite his statement, and his statement that he does not intend to offer anything beyond its findings if he were to testify before Congress, Mueller's office distributed a memo during his press conference that highlighted the split with Barr.
Special Counsel Robert Mueller said he hoped his remarks Wednesday would be his only public comment on his report, but an official also distributed a memo that contained differing explanations offered by Attorney General William Barr
The divergence was first revealed when Mueller memorialized his objections in a March 27 letter responding to a four-page letter Barr wrote summarizing the Mueller report. That letter stood as a public proxy for the report for weeks when the public was at that time unable to view it.
The document distributed Wednesday included a reporter's question to Barr at Barr's press conference immediately before his public release of the report, and on whether Mueller had explained to Barr his reasons for not charging President Trump with obstruction of justice.
'He was not saying that but for the [Office of Legal Counsel] opinion, he would have found a crime. He made it clear that he had not made the determination that there was a crime,' said Barr, in a statement subject to multiple intmsnbcerpretations.
The document showed Mueller saying his office 'would not reach a determination' on obstruction by President Trump
Mueller's statements exposed a split with Attorney General Bill Barr
Special Counsel Robert Mueller makes a statement about the Russia investigation on May 29, 2019 at the Justice Department in Washington, DC
An official distributed the memo at Mueller's surprise press statement
The memo follows up with language that would have been attributed to Mueller.
'So that was the Justice Department policy and those were the principles under which we operated. From them we concluded that we would not reach a determination – one way or the other – about whether the President committed a crime. That is the office's final position and we will not comment on any other conclusions or hypotheticals about the President,' the memo said. The memo didn't put the statement in quotation marks, but listed it after Mueller's name.
MSNBC reported that a special counsel official distributed the memo to reporters at Mueller's dramatic press statement, describing it as a draft of how Mueller would have responded.
Mueller during his statement also exposed the split with Barr by saying he was 'bound' by internal Justice Department guideline – the same Office of Legal Counsel policy Barr mentioned.
'Charging the president with a crime was therefore not an option we could consider,' Mueller said.
The language appears to diverge from Barr's Senate testimony about his meeting with Mueller March 5 coinciding with Mueller turning in the report. 'Mueller stated three times to us in that meeting, in response to our questioning, that he emphatically was not saying that but for the [Office of Legal Counsel] opinion he would have found obstruction,' Barr testified.
Influential Democrats lined up to call for the start of the impeachment process against President Trump following Mueller's surprise statement.
The normally tight-lipped Mueller stirred the impeachment pot with his remarks at the Justice Department without actually uttering word – noting instead that 'the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.'
With Mueller mentioning the preservation of evidence and referencing his report's claim that it did not exonerate the president, even House Speaker Nancy Pelosi, who is struggling to contain an impeachment revolt in her caucus, said it was 'on the table.
Mueller told the country in a dramatic statement that it was 'not an option' for his office to have charged President Trump with an obstruction crime and that it would be 'inappropriate' for him to speak further about his probe of Russian election interference.
Democrats have blasted Barr for putting favorable spin on the Mueller report
In a public statement he said would likely be his only one, Mueller restated parts of his 448-report – including the controversial decision not to charge Trump with a crime.
The president has repeatedly cited the report – and his own attorney general's decision not to charge him – as proof that there was 'no obstruction.'
But Mueller, in his sudden statement delivered with little public notification, said his decision rested on Justice Department policy – not on the guilt or innocence of President Trump.
That did not stop Trump from tweeting immediately after Mueller's remarks that the case against him was 'closed.'
'Nothing changes from the Mueller Report. There was insufficient evidence and therefore, in our Country, a person is innocent. The case is closed! Thank you,' Trump wrote.
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President Trump tweeted immediately after Mueller spoke that there was 'insufficient evidence' and that 'a person is innocent'
Charging Trump as such would have been 'unconstitutional,' Mueller said – making a technical legal point that nevertheless contradicts President Trump's repeated claims that he has been effectively ruled innocent by the special counsel.
Mueller's remarks drew immediate and renewed calls for Trump's impeachment – including from several Democratic presidential candidates. Joining them was Rep. Justin Amash of Michigan, the lone Republican to call for Congress to take up an impeachment inquiry.
Sen. Elizabeth Warren, Sen. Kamala Harris, and South Bend Mayor Pete Buttigieg each referred to Mueller's statement as like an impeachment 'referral,' while Sen. Cory Booker called impeachment proceedings the 'only path forward.' Rep. Alexandria Ocasio-Cortez wrote on Twitter: 'Mueller is playing a game of Taboo with Congress. His word is "impeach."'
House Judiciary Chairman Jerold Nadler said it 'falls to Congress to respond to the crimes, lies and other wrongdoing of President Trump.'
'With respect to impeachment question at this point, all options are on the table and nothing should be ruled out,' Nadler said at a press conference in New York.
Mueller made a point of plucking from the report a statement that investigators would have said so if they had been able to establish that Trump did not commit an obstruction crime.
He cited 'longstanding' Justice Department policies that a president cannot be charged while in office and noted, as does the report, that if he had been charged the president wouldn't be able to defend himself as he would in court.
'That is unconstitutional,' Mueller said – emphasizing that the fundamental reason not to charge Trump didn't have to do with guilt or innocence, but rather those foundational factors.
'By regulation it was bound by that department policy,' said Mueller. 'Charging the president with a crime was therefore not an option we could consider.'
Mueller repeated a key conclusion of the report – although one that was not included in Attorney General Barr's original four-page letter.
Mueller said virtually nothing publicly during the course of his two-year investigation until his press statement Wednesday
'And as set forth in the report, after that investigation, if we had had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime.'
Mueller explained: 'Under long-standing department policy, a president cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view, that, too, is prohibited. A special counsel's office is part of the department of justice, and by regulation, it was bound by that department policy. Charging the president with a crime was therefore not an option we could consider.'
He also spoke of the seriousness of obstruction, and highlighted language in the report which seemed to suggest it was up to Congress to figure out what to do with the information it included.
'It was critical for us to obtain full and accurate information from every person we questioned. When a subject of an investigation obstructs that investigation or lies to investigators, it strikes at the core of the government's effort to find the truth and hold wrongdoers accountable,' Mueller said.
Although his language was indirect, Mueller referenced both possible future charges, as well as the Constitution's language dealing with impeachment as a political remedy to 'high crimes and misdemeanors' carried out by a president.
'First, the [Justice Department] opinion explicitly permits the investigation of a sitting President because it is important to preserve evidence while memories are fresh and documents are available. Among other things, that evidence could be used if there were co-conspirators who could now be charged,' Barr said.
'And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing,' he added. The 'other than' system if for Congress, through votes in the House and Senate, to remove officials accused of misconduct from office following a trial-like procedure.
He also said he does not want to appear before Congress as Democrats are demanding.
'Any testimony from this office would not go beyond our report,' Mueller said.
'The report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress.'
'It contains our findings and analysis and the reasons for the decisions we said. We chose those words carefully and the work speaks for itself.'
'I do not believe it is appropriate for me to speak further about the investigation,' said Mueller.
White House Press Secretary Sarah Sanders told DailyMail.com that the White House is 'always' prepared – though she didn't say outright that it had been holding impeachment strategy sessions.
'We're always prepared but I don't think the American people deserve that,' she said when asked about impeachment. 'Look, every single minute that Congress spends on that, we're not spending on infrastructure, we're not spending on lowering prescription drug prices,' she said.
'Every single thing that they're doing is taking away from things that could actually help the American people,' she said of congressional Democrats, calling it a 'great disservice.'
Asked if that meant White House staffers weren't also huddling on impeachment, Sanders responded: 'I'm not going to get into internal processes. I'm just saying we're always prepared and we're going to move forward doing what we think is important, and focus on things that actually help people.'
Mueller also plucked from the report conclusive language describing Russian interference in the 2016 presidential election.
He brought up Russia's use of 'sophisticated cyber techniques' and quoted from indictments that blamed Russian military intelligence.
'They stole private information and then released that information through fake online identities and through the organization WikiLeaks,' he said, in order to 'damage a presidential candidate' – Hillary Clinton.
'Russian citizens posed as Americans in order to influence an election,' he said.
White House Press Secretary Sarah Sanders used Mueller's statement as a call for everyone to move on from the Russia probe.
'The Special Counsel has completed the investigation, closed his office, and has closed the case. Mr. Mueller explicitly said that he has nothing to add beyond the report, and therefore, does not plan to testify before Congress. The report was clear—there was no collusion, no conspiracy—and the Department of Justice confirmed there was no obstruction. Special Counsel Mueller also stated that Attorney General Barr acted in good faith in his handling of the report. After two years, the Special Counsel is moving on with his life, and everyone else should do the same,' said Sanders.
House Judiciary Chairman Rep. Jerold Nadler vowed to continue his investigation of President Trump but stopped short of saying House Democrats would proceed with impeachment proceedings.
'Given that Special Counsel Mueller was unable to pursue criminal charges against the President, it falls to Congress to respond to the crimes, lies and other wrongdoing of President Trump – and we will do so,' Nadler said in a statement.
'No one, not even the President of the United States, is above the law,' he added.
Mueller's statement brought a renewed focus in Congress on the impeachment question.
'Robert Mueller's statement makes it clear: Congress has a legal and moral obligation to begin impeachment proceedings immediately,' said New Jersey Sen. Cory Booker, a Democratic presidential candidate.
Sen. Elizabeth Warren of Massachusetts tweeted: 'Mueller's statement makes clear what those who have read his report know: It is an impeachment referral, and it's up to Congress to act. They should.'
She added: 'Mueller leaves no doubt: 1) He didn't exonerate the president because there is evidence he committed crimes. 2) Justice Department policy prevented him from charging the president with any crimes. 3) The Constitution leaves it up to Congress to act—and that's impeachment.'
South Bend Mayor Pete Buttigieg told NBC: 'This is as close to an impeachment referral as you could get under the circumstances.'
'The ball is in our court, Congress,' wrote Justin Amash of Michigan, the sole Republican to call for Trump's impeachment.
Democratic New York Rep. Alexandria Ocasio-Cortez retweeted Rep. David Cicilline of Rhode Island, who wrote: 'The next step is for the House Judiciary Committee to open an impeachment inquiry to formally begin consideration of whether or not articles of impeachment should be filed.'
'This Administration has continued to stonewall Congress's oversight. Beginning impeachment proceedings is the only path forward.'
Said Sen. Kamala Harris of California, another presidential candidate: 'It's a fair inference from what we heard in that press conference that Bob Mueller was essentially referring impeachment to the United States Congress.'
The office of Vice President Mike Pence released a statement saying there was 'no obstruction' and saying the White House had 'fully cooperated.'
'As Robert Mueller confirmed today, the investigation is complete. The Attorney General has made the Special Counsel's report public. The Department of Justice concluded there was no collusion and no obstruction. For two years, the White House fully cooperated with the investigation turning over millions of pages of documents and making witnesses available for hundreds of hours of testimony,' said Pence press secretary Alyssa Farah. Farah also called allegations against the president 'discredited.'
'The Trump Administration is focused every day on working on behalf of the American people. While some Democrats may cling to discredited allegations against the President, the American people can be confident: this Administration will continue to focus on making our nation stronger, safer, and more secure,' she said.
Trump lawyer Rudy Giuliani blasted Mueller in an appearance on Fox News.
'The reality is that he gave us his opinion on collusion and obstruction,' Giuliani said. 'And his opinion is you can't bring a case.' Speaking to Mueller – his counterpart in negotiations where Trump avoided in-person testimony and presented responses to questions in writing, Giuliani wrote: 'Bob, that's the end of it. That's what a prosecutor does. And you don't prove negatives.'
Said Giuliani: 'What they've done here is a perversion,' The Hill reported. 'A combination of him and the media. And I'm surprised at Bob because he's a better lawyer than that. I don't know where this notion came that you have to exonerate.'
Trump campaign manager Brad Parscale released a statement saying Mueller's remarks revealed there was 'no case for obstruction.'
'Special Counsel Robert Mueller's remarks today confirmed what we already knew. There was no collusion between the Russians and the Trump campaign, and there was no case for obstruction. President Trump has been fully and completely exonerated. Mueller said his investigation is over. The case is now closed,' he said, picking up some of Trump's own language.
'Now it's time to turn to the origins of the Russia hoax and get to the bottom of why the Trump campaign was spied on by the Obama-era DOJ and FBI. Anyone who is for transparency, constitutional civil liberties, and the rule of law should want to know why human sources, wiretapping, and unmasking were used to infiltrate a presidential campaign,' Parscale said.
Trump also has called to 'investigate the investigators,' and even has accused multiple FBI officials of treason.
Mueller found that the 'Russian government interfered in the 2016 presidential election in sweeping and systemic fashion'
Mueller was famously publicity adverse during his nearly two-year investigation. He never gave a press conference, and took pains to stay out of the limelight. His absence from the public scene was such that it made news when he was spotted in an airport and at an Apple store.
Mueller's report found that the 'Russian government interfered in the 2016 presidential election in sweeping and systemic fashion.'
It cited the hack of Democratic National Committee emails and of information 'damaging to Democratic presidential candidate Hillary Clinton,' and said the Russian government was behind the effort. Prosecutors rand down a string of leads, including an infamous Trump Tower meeting with Russians in June 2016, and back-and-forth between Trump and his aides over a misleading statement describing how the meeting got set up.
Mueller's team of prosecutors also examined ten areas of potential obstruction of justice by Trump – including statements by Trump's own staffers that he ordered them to force out Mueller. They also examined Trump's conduct toward former campaign chair Paul Manafort, who is now serving a 7 1/2 year prison sentence on tax and money laundering charges. They also delved into a Trump Moscow tower project that former Trump lawyer Michael Cohen, who is also in jail, did not reveal during his own initial House testimony.
The report stated that 'if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state.' But it said they were 'unable to reach that judgment.'
In another of its famous conclusions, Mueller's report states: 'Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.'