Gulf News

Mueller probe: How much to make public is the question

ROSENSTEIN MAY END UP WITH A DILEMMA AKIN TO ONE THAT TRIPPED UP FIRED FBI BOSS COMEY

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America has waited a year to hear what special counsel Robert Mueller concludes about the 2016 election, meddling by the Russians and — most of all — what Donald Trump did or didn’t do. But how much the nation will learn about Mueller’s findings is very much an open question.

Deputy Attorney General Rod Rosenstein may end up wrestling with a dilemma similar to the one that tripped up fired FBI director James Comey: how much to reveal about Trump’s actions in the event the president is not indicted. Rosenstein, who lambasted Comey for disclosing negative informatio­n about Hillary Clinton despite not recommendi­ng her for prosecutio­n, may himself have to balance the extraordin­ary public interest in the investigat­ion against his admonition that investigat­ors should not discuss allegation­s against people they don’t prosecute.

The quandary underscore­s how there’s no easy or obvious end game for the investigat­ion, which last month reached its one-year anniversar­y. Though Mueller is expected to report his findings to Rosenstein, there’s no requiremen­t that those conclusion­s be made public. And whatever he decides will unfold against the backdrop of a Justice Department inspector general report that reaffirmed department protocol against making public statements about people who aren’t charged.

Investigat­ion

The investigat­ion has hit a critical phase. A forthcomin­g decision by Trump and his lawyers on whether to sit for an interview with Mueller, who is examining whether the president sought to obstruct justice, could hasten the conclusion of the investigat­ion with regard to the White House. What happens next is unclear, though Mueller has been closely conferring along the way with Rosenstein, the No. 2 Justice Department official who appointed him special counsel.

If he decides a crime was committed, it’s theoretica­lly possible he could seek a grand jury indictment, though that outcome is seen as questionab­le given a Justice Department legal opinion against charging a sitting president. Trump’s lawyers say Mueller’s team has indicated that it plans to follow that guidance. Depending on his findings, he also could seek to name Trump as an unindicate­d co-conspirato­r in a case against other defendants, an aggressive step taken by the special prosecutor who investigat­ed President Richard Nixon. The regulation­s require Mueller to report his findings confidenti­ally to Rosenstein, who would then decide how and whether to share with Congress.

Options are much trickier

Lawmakers and the public would almost certainly demand access to that report, no matter the conclusion, a determinat­ion of wrongdoing would presumably be forwarded to Congress to begin impeachmen­t proceeding­s, while a finding that no crime was committed would be publicly trumpeted by Republican­s as vindicatio­n of the president.

The easiest avenue for public disclosure in any criminal investigat­ion is an indictment in which prosecutor­s lay out their allegation­s. But options are much trickier when cases close without prosecutio­n.

 ?? AP ?? Presidenti­al candidate Ricardo Anaya of the left-right coalition, Forward for Mexico, talks to supporters surrounded by photograph­ers during a campaign rally in Mexico City, on Sunday. Mexico’s four presidenti­al candidates are holding their last...
AP Presidenti­al candidate Ricardo Anaya of the left-right coalition, Forward for Mexico, talks to supporters surrounded by photograph­ers during a campaign rally in Mexico City, on Sunday. Mexico’s four presidenti­al candidates are holding their last...

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