Two separate warnings this morning, from former US attorney
Preet Bharara on NPR (doing a book promotion) and Georgetown Law professor and former OLC staffer
Martin Lederman in Washington Post (cited in
Raw Story): Mueller's report, to the extent there is one, is not going to contain a nicely wrapped case for the indictment of Donald Trump for crimes committed in the collaboration with Russian agents in the 2016 election.
For more than one reason, but the main thing is that it isn't in their remit to do such a thing, given the Justice Department ruling that a sitting president isn't supposed to be indicted, as Lederman concludes:
it would be surprising if it included any express conclusions about whether Trump’s conduct did or did not satisfy the elements of any particular criminal offenses. As long as Trump is in office, it will be up to the committees themselves — and Congress as a whole — to (in the words of the Jaworski road map) “determine what action may be warranted . . . by [the] evidence” presented in Barr’s notification.
That's probably too categorical; they could signal an opinion on his chargeability in indictments of other people, as an unindicted co-conspirator, as they've already done in regard to Michael Cohen and the Paramour Payoffs (can't decide whether that's the first novel in my detective series featuring a troubled metropolitan lawyer or a band name). But that will be ancillary to what I do hope will be an indictment of Donald Junior, if anything. I still believe he would be indicted in a case where his guilt was transparently unarguable—if he really killed that guy on Fifth Avenue—but this isn't one of those cases. The language in which he agreed to the basic bargain of Russia's assistance with the Moscow hotel and US election projects, if Mueller has it (and we know what he has from Cohen, not too damn much, and we know Manafort and Junior have said little and nothing respectively) will be couched in code, like all those mobster communications, and the way he tried to live up to his end by removing sanctions obscured inside a web of plausible deniability, opinions from foreign policy advisers and lawyers that he's entitled to do what he wants so he can argue he was just doing what he was told.
I guess I'm beginning to understand how unlikely it is that our story is going to have any kind of clean ending, where the public gasps, "OMG he did
that?" and the president just has to leave.