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Tue Mar 12, 2019, 06:09 AM

Mueller May Drop Second Report That Can't Be Buried


Mueller May Drop Second Report That Can’t Be Buried
The special counsel isn’t only looking for crimes: he continues the counterintelligence investigation that started with suspicious Trump-Russia contacts in 2016.
Nelson W. Cunningham
03.12.19 4:11 AM ET



Breathless media alerts notwithstanding, there is reason to be skeptical that Special Counsel Robert Mueller’s final report is imminent. There are just too many loose ends, including the just-begun Roger Stone prosecution and the not-yet-finished litigation over “Corporation A” and other grand jury witnesses, not to mention the glaring absence of any testimony yet from Donald Trump himself. There may certainly be signs the Mueller investigation is entering its final phases—just not this week.

Still, it’s clearly time to consider the shape of what Mueller will produce as he finishes. The reporting requirements of the special counsel regulations have been exhaustively picked over. What must Mueller report to the attorney general? What may the attorney general do with the report? Will Congress and the public ever see it? The ins and outs of the special counsel report regulations played a significant role in Attorney General William Barr’s January confirmation hearings.

But we may be focusing on the wrong report. There may in fact be two Mueller reports. This is because from the very beginning, Mueller has worn two hats and borne two missions relating to the Russia investigation.

The most public and familiar one is as a criminal investigator under the special counsel regulations. But Mueller has also carried a second charge, as a counterintelligence expert, with a much broader charge to determine and report the scope of any interference and any links to the Trump campaign—what Trump himself might refer to as “collusion.”

In March 2017, then-FBI Director James Comey testified that the Russia investigation was commenced “as part of our counterintelligence mission . . . also includ[ing] an assessment of whether any crimes were committed.” Deputy Attorney General Rod Rosenstein’s May 17, 2017 order appointing Mueller special counsel specifically and carefully incorporated this announced scope and mission.

From the start, then, Mueller has been conducting a counterintelligence investigation, while “also” assessing whether any crimes were committed. Not the other way around.

more...

https://www.thedailybeast.com/mueller-may-drop-second-report-that-cant-be-buried?ref=home

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 07:13 AM

1. The counterintelligence report will go to Congress.

Unlike a final criminal report, a Mueller counterintelligence report cannot be bottled up. By statute it must be shared with Congress. The House and Senate intelligence committees are legally entitled to be given reports, in writing, of significant intelligence and counterintelligence activities or failures. Mueller’s findings will certainly qualify.

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 07:36 AM

2. I was under the impression,

that the counterintelligence investigation began by the FBI before Mueller was commissioned. After Mueller arrived I'm certain that he worked with the FBI sharing information. Am I wrong? Wouldn't it be up to Wray to release the counterintelligence investigation to Congress?

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 07:39 AM

3. With all the breathless "report will be coming" speculation

I am led to wonder who keeps that narrative going?

Mueller seems leakproof... and has not shown any of his cards in advance ... has only communicated through the indictments ...

I keep waiting and hoping ....

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Response to UpInArms (Reply #3)

Tue Mar 12, 2019, 08:13 AM

5. The M$M noticed that Mueller cut some of his people,

they noticed that Mueller moved a boat load of files and documents from his headquarters. That's the only reason that I have heard as to why Mueller is wrapping up.

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Response to watoos (Reply #5)

Tue Mar 12, 2019, 08:21 AM

7. Thank you, watoos

He may just be narrowing his focus ...

The wheels of justice grind very slowly

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Response to UpInArms (Reply #7)

Tue Mar 12, 2019, 08:41 AM

8. I also heard, strictly rumor,

that Mueller may have moved his files to a safe location where Barr couldn't get at them.

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 07:52 AM

4. Yup crimes are STILL being committed, so the counter intel investigation is ONGOING

Been saying this all along.

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 08:15 AM

6. Doesn't matter. In neither case is Mueller charged w/providing the report to the public.

As special counsel, his report(s) are presented to the Attorney General. The AG, Barr, has said he won't release the report(s) to he public.

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 09:00 AM

9. There is still one fact that gives me hope,

Mueller and Barr have been friends for 30 years.

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 09:44 AM

10. It looks like a chicken and egg situation here.

Mueller's counter-intelligence investigation mandate is supposed to be confidential, but the prosecutorial aspect of it is a bit of a mix bag because the public certainly has the right to know. But DOJ's internal policy of not indicting a sitting president would require that Congress has to impeach and remove the president first before Mueller can indict. Pelosi is against impeachment which is understandable given the Senate composition unless Mueller's report recommends it or lays the groundwork for which he will not absent a preceding impeachment and removal. Mueller and his office is clearly not the catalyst for this issue. The SDNY and various US state attorneys are, and I believe this is why Mueller's legal staff are now slowly going back to the US Attorneys office taking copies of the files with them. I think SDNY will break the ground here and defy that odd DOJ's internal policy.

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Response to babylonsister (Original post)

Tue Mar 12, 2019, 10:12 AM

11. It was mueller that reworked the agency after 9/11

To focus on crimes such as these. Maybe the report or information is are ready going to the CIA

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