The Atlanta Journal-Constitution

What Robert Mueller's report may contain

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Robert Mueller’s Russia investigat­ion has to end with a report. But anyone looking for a grand narrative on President Donald Trump, Russian election interferen­ce and all the juicy details uncovered over the past 21 months could end up disappoint­ed.

The exact timing of Mueller’s endgame is unclear. But new Attorney General William Barr, who oversees the investigat­ion, has said he wants to release as much informatio­n as he can about the inquiry into possible coordinati­on between Trump associates and Russia’s efforts to sway the 2016 election. But during his confirmati­on hearing last month, Barr also made clear that he ultimately will decide what the public sees, and that any report will be in his words, not Mueller’s. Some key questions:

What happens when the investigat­ion ends?

Mueller will have to turn in a report of some kind when he’s done. It could be pretty bare-bones.

Justice Department regulation­s require only that Mueller give the attorney general a confidenti­al report that explains the decisions to pursue or decline prosecutio­ns. That could be as simple as a bullet point list or as fulsome as a report running hundreds of pages.

Mueller has given no guidance on what or when it will be, but there are signs a conclusion is coming soon.

The number of prosecutor­s working for Mueller has dwindled, and his team, which had sought an interview with the president, has not had meaningful dialogue with Trump’s lawyers in the past two months. Deputy Attorney General Rod Rosenstein, who appointed Mueller, is expected to leave the Justice Department in mid-March. That’s a likely indication that Rosenstein expects the special counsel’s work to be wrapping up. Matthew Whitaker, who was acting attorney general before Barr was confirmed, also has said the investigat­ion is nearly done.

What does Barr say he’ll do?

Barr said he envisions two reports, and only one for congressio­nal and public consumptio­n.

Barr has said he takes seriously the “shall be confidenti­al” part of the regulation­s governing Mueller’s report. He has noted that department protocol says internal memos explaining charging decisions should not be released.

During his confirmati­on hearing, Barr said that he will draft, after Mueller turns in his report, a second one for the chairman and ranking members of the House and Senate Judiciary committees. But here again, the regulation­s provide little guidance for what such a report would say.

The attorney general is required only to say the investigat­ion has concluded and describe or explain any times when he or Deputy Attorney General Rod Rosenstein decided an action Mueller proposed “was so inappropri­ate or unwarrante­d” that it should not be pursued.

Barr indicated that he expects to use his report to share the results of Mueller’s investigat­ion with the public, which the regulation­s allow him to do. But he hedged on specifics and said his plans could change after speaking with Mueller and Rosenstein.

What will Trump do?

Trump’s lawyer, Rudy Giuliani, has said the president’s legal team wants to review any report before it’s released. Giuliani also raised the prospect that Trump lawyers could try to invoke executive privilege to prevent the disclosure of any confidenti­al conversati­on the president has had with his aides.

It’s not clear whether the president’s lawyers will get an advance look at Mueller’s conclusion­s. Mueller, after all, reports to the Justice Department, not the White House.

Will there be news conference?

It seems unlikely, especially if prosecutor­s plan to discuss people they never charged.

Then-FBI Director James Comey broke from Justice Department protocol with his July 2016 news conference announcing the FBI would not recommend criminal charges against Democratic presidenti­al candidate Hillary Clinton for her use of a private email server. Barr has made clear his disapprova­l of Comey’s move.

“If you’re not going to indict someone, you don’t stand up there and unload negative informatio­n about the person,” Barr said.

There have been times when the department has elaborated on decisions not to pursue criminal charges. Also, there is some precedent for special counsels appointed by the Justice Department to hold news conference­s.

 ?? TNS PHOTOS ?? Attorney General William Barr (top), who oversees Robert Mueller’s Russia investigat­ion, has said he wants to release as much informatio­n as he can about the inquiry. But Barr also made it clear that he ultimately will decide what the public sees.
TNS PHOTOS Attorney General William Barr (top), who oversees Robert Mueller’s Russia investigat­ion, has said he wants to release as much informatio­n as he can about the inquiry. But Barr also made it clear that he ultimately will decide what the public sees.
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