The Special Counsel is mandated to find possible evidence of criminal conduct. Period.
( Mueller punts and why anyone respects him is beyond me.)
Excerpt:
They are still waiting. Mueller has yet to testify despite Attorney General William Barr stating that he has no objections to him doing so. In the past week, it was confirmed that Mueller is resisting testifying in public. At the same time, House Judiciary Committee Chairman Jerrold Nadler indicated that his committee may indeed allow Mueller to appear in private with no subpoena, no cameras, and no cries of coverup. The media is remarkably uninterested in the reason for this demand from Muelller. After all, if you have no faith in Mueller, then you are an apostate within the Beltway.
So why is Mueller and his staff so worried and apprehensive about his answering questions in public? To answer that question, we must look at his report objectively, as agnostics rather than as advocates for one side or the other. Mueller has to address several glaring problems with how he carried out his responsibilities, including his reported failure to identify grand jury material, as requested by Barr and Deputy Attorney General Rod Rosenstein, which may have delayed the report.
The most troubling failure, however, was Mueller refusing to reach a conclusion on obstruction. He reached a conclusion on any crimes linked to collusion and stated that his staff could “not establish that members of the Trump campaign conspired or coordinated with the Russian government in its election interference activities.” He then stated that he would not reach a conclusion on obstruction, without explaining why beyond citing past Justice Department memos stating that a sitting president cannot be indicted. His decision on this matter is incompatible with his mandate.
The special counsel is mandated to find possible evidence of criminal conduct. If Mueller is going to argue that he felt constrained by Justice Department memos, he was a failure as special counsel. I have argued, going back to my testimony in the Clinton impeachment hearings, that the Justice Department was wrong on those memos. Nothing in the Constitution says that a president has immunity from criminal charges. Nevertheless, one can accept these memos and still see the illogic in reading them as a bar to reaching conclusions as a special counsel.
https://jonathanturley.org/2019/05/27/why-mueller-may-be-fighting-a-public-hearing/
= new reply since forum marked as read
