America is thirsty!
It has been reported that the Mueller report is going to be released as early as next week. When I heard that, my heart fluttered a little bit. Excitement or anxiety? What's your feeling?
What are the possible outcomes? What is the likely outcome?
The report will be released to the Attorney General of the United States, William Barr, who was confirmed just a week or so ago. He has sole discretion as to what to do with it.
We have spent millions and millions of dollars during the two years of this investigation. The public is thirsty for the information. But the AG alone gets to decide. Being the optimist, I want to believe that Attorney General Barr will do the right thing and release the entire report to the public. During his confirmation hearings, he skirted the issue and gave himself plenty of outs.
Who is Attorney General William Barr? I realized I didn't know much about him. Can we predict what he'll do? Will Little Sister Resister stick her Pollyanna neck out to make predictions?
Indulge me as I explore.
This isn't William Barr's first attorney general rodeo. He served as attorney general under Bush the First from 1991-1993. He was a youngster then, only 41 when he took the position. He oversaw the Lockerbie bombing investigation among other investigations.
When he was a mere babe, he worked for the CIA (1973-1977) and also worked in the Reagan administration before being appointed to deputy attorney general and finally attorney general under George H.W. Bush. He was unanimously approved by the Senate Judiciary Committee and confirmed by voice vote in the Senate.
He later worked in the private sector as an attorney for GTE and for a law firm before being tapped by 45 to become attorney general once again. He is Republican, of course, and staunchly conservative. His stints in the federal government have appeared to be honorable, though quite conservative in his views, especially with regard to "law and order," the death penalty, and abortion. Having been in federal government for years, he is definitely part of "The Swamp" and not one of the corrupt inner circle of SCROTUS sycophants. This is a positive.
But Barr has been critical of the Mueller investigation, going so far as to send an unsolicited memo in June, 2018 to U.S. Deputy Attorney General Rod Rosenstein asserting his opinions faulting the obstruction of justice angle and siding with 45 having presidential discretion in whom to fire. He had also sent the memo to the Fanta Menace and his attorneys. This is a little bit concerning, but gives one understanding as to why he was picked to be AG.
Despite his criticism of the special counsel, he is reportedly good friends with Robert Mueller. And he has said that it is "vitally important" that the investigation be completed. His mouth noises seem to indicate that he is supportive of the investigation and the public's right to know. During his confirmation hearings, he said, it is “very important” that Congress and the public be informed of the special counsel's findings and, “For that reason, my goal will be to provide as much transparency as I can consistent with the law. I can assure you that, where judgments are to be made by me, I will make those judgments based solely on the law and will let no personal, political, or other improper interests influence my decisions.” He skirted the issue while sounding like he'll do the right thing. When asked if TЯUMP will get a preview and a chance to "correct" the report, Barr said, "That will not happen."
To my mind, we must trust him. So, let the heart flutter be one of excitement.
It's impossible to predict what the report contains. Mueller's team has been extraordinarily buttoned-up and no one knows what is going on. We know plenty of what has already happened, from the indictments and pleas of many in the inner circle. Those investigations and criminal proceedings will continue regardless.
What we don't know is what all will be written about those with surname TЯUMP.
Though it's highly likely that Mueller will abide by the Justice Department policy to not indict a sitting president, my hope is that he is saving the most delicious indictment of all for the pièce de résistance as he releases the report. Donnie Jr. is obviously next in line. And it's possible that there will be a big nothing burger served up when it comes to 45. I just don't want to think that that is possible, though. Just. Not. Possible.
It's also important to remember that the Senate and the House of Representatives are continuing their own investigations, and Mueller's wrap does not mean that those investigations wrap.
What we want: a multi-volume novel detailing every single one of SCROTUS's and his posse's misdeeds, with a big board filled with yarn lines neatly illustrating the nefarious misdoings.
We feel we deserve this after two years of angst and anger. We want justification for our fears. Our sense of Schadenfreude is strong: we want SCROTUS to feel pain. We want something that will get House Democrats off their butts and lead to the removal of 45 from office. Rep. Joe Kennedy (D-MA), a leader who I respect greatly, makes a good point: Our very democracy may depend on the report finding nothing. He wants to believe "that process has the integrity we believe it should have (to rightfully elect our president)." Joe, I hate to tell ya, but that ship has sailed.
What we'll get: who knows.
There are lots of possibilities. The best and most informed analysis of what may come is from Neal Katyal, writing in the New York Times. Mr. Katyal worked under Obama as Acting Solicitor General, and during the Clinton administration, he actually drafted the special counsel regulations which Mueller is relying on. He's a good one to pay attention to.
He predicts it will be rather brief, with its function being a "roadmap" for Congress's investigations and will be considered the "end of the beginning" rather than the beginning of the end. There is no requirement other than "a report." We'd all like this tied up in a neat bow, but it's doubtful. Furthermore, the report may be limited to the original scope of the investigation: what happened with Russia's interference in the 2016 election, including the extent of Traitor Tot's involvement.
A limited, "by the book" roadmap report, Katyal contends, will be more damaging to 45 in the long run. Anything other than 100% clearance (and what are the chances of that??) will be damaging to the President*.
But it's also been asserted (for example in the Washington Post) that there are no hard and fast rules, and nothing precludes a full and robust report. We want that!
Garrett Graff on Wired outlines some possible scenarios. He describes possibilities ranging from a brief letter; to a detailed "road map;" to a full, lengthy, foot-noted report; to an announcement of further indictments, among other -- or a combination -- of scenarios.
No matter the outcome, remember, Congress has subpoena power and can get the report that way, if Barr plays coy with them. The House has powerful oversight powers.
And of course, regardless of the contents of Mueller's report, many other investigations, such as those looking at his business dealings, his taxes, his foundation's misdeeds, his campaign finance ugliness, and the inauguration shadiness have all been put into motion and will continue. There have been plenty of indictments and guilty pleas rising from the Mueller investigation already. Investigations into Cohen, Manafort, Stone: those all stand and will be seen to the end. Papadopolous is in prison, and Flynn is to be sentenced next month. Cohen is reporting to prison in May, and he testifies to Congress next week.
Little Sister Resister's prediction, worth all the pixels it's written in: a lengthy report with additional indictments, and a mostly-complete release to the public (redactions, and censoring of material sensitive to on-going investigations and classified material is to be expected).
In summary, all that is required of Mueller is to provide "a confidential report" to the attorney general, and all that is required of AG Barr is to submit "an explanation" to Congress. They each get to decide what that looks like. We will have to deal with what comes, when it comes. We must hope for the best, but prepare for the worst.
Gee, Little Sister, it took you 1,361 words to say that?!
Meet me back here after. No matter the outcome, we'll share a drink.
Thanks for reading, Sister and Brother Resisters!
