The Decisions That Robert Mueller Must Make

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FRED WERTHEIMER’S WEEKLY NOTE | MAY 10, 2018freadshot

“This is a time for all concerned citizens to be on alert and prepared to join in nationwide sustained protests if Mueller or Rosenstein is fired or if the investigation is otherwise compromised.”

Special Counsel Robert Mueller will be facing some critical decisions in the weeks and months ahead.

One involves the point at which he needs to act to ensure that the Russia investigation does not interfere with the 2018 midterm elections. Former FBI Director James Comey was strongly criticized for ignoring Justice Department policy guidelines and informing Congress close to the November 2016 election that he was reopening the Clinton emails investigation.

Mueller will have to decide at what point he has to withhold issuing any reports, bringing any new indictments, or taking any other legal steps that could be interpreted as interfering with the midterm elections.

A second critical decision is what steps Mueller should take if President Trump refuses to voluntarily appear for questioning by Mueller’s office, as he probably will. Does Mueller proceed without questioning the President? Or, does he subpoena Trump and face the investigation being seriously slowed down while the matter plays out in the courts?

If Trump refuses to testify, it probably makes the most sense for Mueller to proceed without the testimony.

Meanwhile, the ongoing efforts by President Trump and his agents to attack and discredit the Mueller investigation continue.

Vice President Pence has called for Mueller to end the investigation, which he isn’t about to do.

Three rogue Members of Congress, Representative Meadows, Jordan, and Nunes, are out to protect and defend Trump at any costs and regardless of the facts. They have requested documents and information from the Justice Department, to which they are not entitled, that deal with an ongoing criminal investigation. They have threatened to impeach or hold Deputy Attorney General Rod Rosenstein in contempt if he refuses to meet their irresponsible demands.

This is a time for all concerned citizens to be on alert and prepared to join in nationwide sustained protests if Mueller or Rosenstein is fired or if the investigation is otherwise compromised.

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Fred Wertheimer is the Founder and President of Democracy 21, a nonprofit, nonpartisan organization that works to strengthen our democracy and ensure the integrity and fairness of government decisions and elections.