Houston Chronicle Sunday

Democrats holding on to hopes for Mueller’s testimony

- By Rosalind S. Helderman and Tom Hamburger WASHINGTON POST

WASHINGTON — Democratic lawmakers hope to use special counsel Robert Mueller’s public testimony Wednesday to revisit dramatic episodes in which President Donald Trump attempted to derail or interfere with the investigat­ion of Russian interferen­ce in the 2016 election.

In his final report, Mueller declined to come to any conclusion as to whether Trump obstructed justice and therefore committed a crime.

But his prosecutor­s unspooled vivid details about an anxious and angry president willing to break long-standing traditions of presidenti­al behavior to try to control the course of what was supposed to be an independen­t criminal investigat­ion.

Democratic lawmakers contend that a public airing of the president’s behavior at the coming hearing will move public and congressio­nal opinion and may help build a case that Trump’s actions warrant impeachmen­t — even if Mueller did not recommend criminal prosecutio­n.

“For many Americans this will be blockbuste­r, new informatio­n,” predicted Rep. Ted Lieu, a California Democrat on the Judiciary Committee, who said he plans to quiz Mueller about the instances of possible obstructio­n of justice described in the report.

“We just need him to convey the facts, and that will result in people learning … there is a lot of evidence that the president obstructed justice,” Lieu said.

Republican­s assert there is no need to rehash material Mueller described over hundreds of pages in a report that has been available to the public since April. They note Mueller came to no conclusion that the president broke the law.

The ranking Republican on the panel, Rep. Douglas Collins of Georgia, predicted during a Fox News interview last week that the hearing is going to demonstrat­e “nothing is there” in terms of Trump’s alleged collusion with Russia.

Mueller’s report painted a portrait of a president who repeatedly sought to get aides and associates to disrupt the special counsel’s investigat­ion and whose efforts were periodical­ly stymied only because underlings refused to follow his instructio­ns.

When informed of Mueller’s appointmen­t in May 2017, Mueller’s report indicates Trump slumped in his chair and declared, “Oh my God. This is terrible. This is the end of my presidency.”

Mueller may resist a dramatic retelling of those events. In a 10minute-long news conference announcing the end of his investigat­ion in May, he said he did not wish to testify publicly, saying his testimony is all contained in the 448-page document his team submitted in the spring.

Still, Democrats hope he will agree to reaffirm details already outlined in the document. Lieu said a fair review of these examples and others in the report would lead a reasonable person “to an inescapabl­e conclusion: Donald Trump committed a felony.”

Mueller did not draw that conclusion. Instead, he wrote that his team decided to avoid a “traditiona­l prosecutor­ial judgment” one way or the other.

A former Watergate prosecutor, Richard Ben-Veniste, said Mueller has a public service obligation at the hearing to explain the significan­ce of his findings.

“He can do more to explain the danger of foreign meddling in our election process and the obstructiv­e behavior of the president in the context of normal prosecutor­ial tradecraft,” Ben-Veniste said. The former prosecutor recommende­d Mueller look back at the news conference conducted by Watergate prosecutor Archibald Cox just before he was fired in the so-called Saturday Night Massacre.

Cox’s eloquent review of complex legal questions circulatin­g in Washington in October 1973 gave the public the opportunit­y to see his reasons for rejecting a White House proposal to allow President Nixon to avoid turning over tapes as ordered by the courts.

“What report on its own has ever galvanized the public into action?” Ben-Veniste asked.

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