The Mueller Report: Opening the Door, Not Closing It
"A statement that the investigation did not establish particular facts does not mean there was no evidence of those facts."
May 31, 2019 at 11:59 PM
5 minute read
Robert Mueller's report represents a thorough, insightful and professional analysis of Russia's interference with the 2016 presidential election. However, it was never intended to present the final word on whether President Donald Trump, his campaign aides and executive officials in the Trump administration engaged in illegal and criminal activities. The report marks an important but distinctly partial step. As made clear in the introduction to Volume 1: "A statement that the investigation did not establish particular facts does not mean there was no evidence of those facts." New information will shed further light on whether Trump and other individuals pursued activities that placed their financial and political ambitions over the national interest and the need to protect our constitutional system.
The report provides extensive detail on what is called the Trump Moscow project. Between approximately Oct. 13, 2015, and Nov. 2, 2015, the Trump Organization (through its subsidiary Trump Acquisitions) completed a letter of intent for a Trump Moscow property. Signed by Trump for the Trump Organization, the letter was "intended to facilitate further discussions" in order to reach a mutually acceptable agreement. The letter contemplated an extensive development with residential, hotel, commercial and office components, calling for approximately 150 first class, luxury residential condominiums as well as one first class, luxury hotel consisting of approximately 15 floors and containing no fewer than 150 hotel rooms.
The Mueller report states that Michael Cohen recalled that both he and Trump wanted the Moscow project "to succeed and that Trump never discouraged him from working on the project because of the campaign." The Trump Organization "stood to earn substantial sums over the lifetime of the project, without assuming significant liabilities or financing commitments." To Cohen, the Trump Tower Moscow "was potentially a $1 trillion deal." The report states that Cohen remembered that Trump would be willing to travel to Russia if Cohen could "lock and load" the deal. Despite efforts by both sides, the Moscow project was eventually cancelled. The report notes that Trump responded to questions about possible connections to Russia "by denying any business involvement in Russia—even though the Trump Organization had pursued a business project in Russia as late as June 2016."
When WikiLeaks on July 22, 2016, released hacked Democratic National Committee emails, doing great damage to the election chances of Hillary Clinton, the Trump campaign publicly denied suggestions that Russia was seeking to aid candidate Trump. In Volume 2, the Mueller report points out that four days later, Trump tweeted that it was "crazy" to suggest that Russia was "dealing with Trump" and he had "ZERO investments in Russia." The report further states that in a news conference on July 27, 2016, Trump repeated five times: "I have nothing to do with Russia." He did acknowledge he had a major developer wanting to develop property in Moscow but "we decided not to do it." Mueller's report states that in January 2017, the U.S. intelligence community publicly concluded "with high confidence" that Russia had intervened in the presidential election with the goal of harming Clinton and clearly preferring Trump.
The difficulty in reaching a clear judgment on Trump's culpability is due in part to the need to redact material in the report to protect grand jury secrets and other privileged matter. Of special interest, but little discussed in public comments about the report, is the term HOM, standing for "harm to ongoing matter." At key stages in the report, sentences, paragraphs and even entire pages have been blacked out so as not to expose and interfere with ongoing research. When those investigations are complete, they will help illuminate what we can now only engage in speculation.
A number of federal courts are in the midst of litigation that may reveal additional evidence about Trump and his advisers. Testimony by Cohen before the House Oversight Committee on Feb. 27 identified a number of individuals who are personally knowledgeable about Trump. Relying on that advice, the committee has received thousands of new documents. As information continues to be made available, we will have a better understanding of why Trump chose to react as he did. From the start, he publicly declared full innocence for himself and his supporters with regard to Russia's interference in the 2016 election. Given those statements, it would seem reasonable for Trump to encourage Mueller to conduct a full and vigorous inquiry. Yet Trump on a regular basis characterized the investigation as a "witch hunt." That hunt continues.
Louis Fisher is scholar in residence at The Constitution Center at POGO. From 1970 to 2010 he served as senior specialist in separation of powers at Congressional Research Service and specialist in constitutional law at the Law Library of Congress.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllDemocratic State AGs Revel in Role as Last Line of Defense Against Trump Agenda
6 minute readTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Auditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTrending Stories
- 1Elaine Darr Brings Transformation and Value to DHL's Business
- 2How Marsh McLennan's Small But Mighty Legal Innovation Team Builds Solutions That Bring Joy
- 3When Police Destroy Property, Is It a 'Taking'? Maybe So, Say Sotomayor, Gorsuch
- 4New York Top Court Says Clickwrap Assent Binds Plaintiff's Personal-Injury Claim to Arbitration in Uber Case
- 5'You Can’t Do a First Draft of Common Sense': Microsoft GC Jon Palmer Talks AI, Litigation, and Leadership
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250