William Jacobson of Legal Insurrection writes this about Robert Mueller’s final remarks (supposedly final) on the guilt or innocence of Donald Trump:
Robert Mueller’s statement today could have served only one purpose — to breath life into Democrat attempts to commence impeachment proceedings against Trump.
Mueller didn’t add any substance to the 400-page report, and most of his statement was related to procedures…
The substance of the statement on Russia collusion/conspiracy was brief and shut the door…
But most of the substance was on obstruction. Mueller reiterated that the Office of Special Counsel could not clearly determine that Trump did not commit a crime, or it would have said so. “‘If we had confidence that the president clearly did not commit a crime, we would have said so.”
This is a completely unfair standard and not what prosecutors normally due — investigations are not to find that a person did not commit a crime, but to find if the person did commit a crime.
More important, Mueller made clear that he considered the Special Counsel’s Office bound by DOJ policy against charging a sitting president with a crime, so his office never reached a determination one way or the other. Mueller made clear that under the Constitution, there were other mechanisms for dealing with a president accused of wrongdoing. Without mentioning impeachment proceedings, Mueller certainly must have intended to suggest it.
If that is Mueller’s view, that his office’s hands were legally tied from even reaching a decision, then why investigate at all? And why issue an opinion that he could not find “with confidence” the president was not guilty? Mueller could have expressed an opinion on guilt short of charging the president, much as he expressed an opinion that he could not find the president clearly not guilty.
In other words, Mueller declared orally what the Mueller Report had declared in writing and in a great many more words: Despite the usual legal standard of innocent until guilty, we require Trump to have proven his innocence and he could not do this [impossible] task. Therefore, impeach him!
Professor Jacobson goes on to indicate he thinks this forces Pelosi’s hand and makes it necessary for her to give in to the baying impeachment hounds in her party. I still don’t think so, although that may indeed end up being the case. I think she’s too politically savvy for that and knows how unpopular such a move would be among the general public. She also knows that the Senate would make short shrift of it:
GOP senators say that if the House passes articles of impeachment against President Trump they will quickly quash them in the Senate, where Majority Leader Mitch McConnell (R-Ky.) has broad authority to set the parameters of a trial.
While McConnell is required to act on articles of impeachment, which require 67 votes — or a two-thirds majority — to convict the president, he and his Republican colleagues have the power to set the rules and ensure the briefest of trials.
“I think it would be disposed of very quickly,” said Senate Judiciary Committee Chairman Lindsey Graham (R-S.C.).
The original impeachment idea was that Trump would do so many awful things, or that the attacks against him would be so successful—or both—that a great many GOP senators would join in the vote to convict him after impeachment. It sure doesn’t look as though that would happen. Even Mitt Romney, who appears to detest Trump, has gone on record saying “no.”
[ADDENDUM: Links to more can be found here.]


