Horowitz: Mueller Report Lands

Tuesday, March 26, 2019

 

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The Mueller Report lands.

The Mueller Report appears to contain far more good news for the president than bad news, but he is already overplaying his hand, falsely claiming the report is “a complete and total exoneration.”   

In his 4-page letter to Congress, summarizing the main findings of the Mueller Report, Attorney General William Barr directly quotes the Special Counsel’s conclusion on the most potentially damaging charge of conspiring with Russia: "[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities."  The Special Counsel defined coordination as an agreement-tacit or express between the Trump Campaign and the Russian government on election interference, according to Barr.

This finding is not only good news for the president; it is good news for the nation. It may create some political space to finally take the necessary action to safeguard our election processes from future foreign interference. 

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But the Special Counsel, contrary to the president’s and his press secretary’s claims, does not exonerate the president of committing obstruction of justice. As the attorney general writes, “The Special Counsel states that "while this report does not conclude that the President committed a crime, it also does not exonerate him." To Mueller, whether the president’s actions and intent add up to the crime of obstruction of justice appears to be a close call.

Even Attorney General Barr’s conclusion that the difficulty of proving criminal intent to obstruct justice, given that there is not evidence of the underlying crime of conspiracy is not especially reassuring given his expansive view of presidential power and prerogatives   The attorney general by stating there is not sufficient evidence beyond a reasonable doubt to convict concedes that there is certainly evidence of obstructive behavior and actions. 

At some point, the American people will see that evidence--or at least a substantial amount of it-- as most of the Mueller report is in all likelihood going to end up being released. The president’s attempts to obstruct the investigation as spelled out in the report will be met with disapproval and condemnation by an overwhelming majority of Americans-whether or not they rise to the level of a provable crime.

Given the mixed reality of this report and the other legal challenges facing the president, his angry tone, continuing to attack the Special Counsel investigation, calling it an “illegal takedown that failed” even in the face of a judicious result that was mainly helpful to him is off-key.

While I hold out little or no hope for a change in the president’s approach, the Mueller findings give him an opportunity to reset. He could justifiably claim vindication on the charge of coordinating with Russia, but admit some mistakes in how he went after the investigation. Most importantly, he could move to unify the nation around a strong, bi-partisan agenda to protect our election systems and democracy from interference from Russia and other nations.

This is not only the right thing to do; it is a winning strategy.  I am not holding my breathe.

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Rob Horowitz is a strategic and communications consultant who provides general consulting, public relations, direct mail services and polling for national and state issue organizations, various non-profits and elected officials and candidates. He is an Adjunct Professor of Political Science at the University of Rhode Island.

 

Related Slideshow: U.S. Attorney General Barr’s Letter to Congressional Leaders on Mueller Report March 24, 2019

 
 

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