The Mercury News

Dems’ make-or-break moment arrives with Mueller testimony

- By Nicholas Fandos

WASHINGTON » For more than two years, Democrats have hoped that Robert Mueller would show the nation that President Donald Trump is unfit for office — or at the very least, severely damage his reelection prospects. On Wednesday, in back-to-back hearings with the former special counsel, that wish could face its final make-or-break moment.

Lawmakers choreograp­hing the hearings before the House Judiciary and Intelligen­ce Committees warn that bombshell disclosure­s are unlikely. But over about five hours of nationally televised testimony, they hope to use Mueller, the enigmatic and widely respected former FBI director, to refashion his legalistic 448-page report into a vivid, compelling narrative of Russia’s attempts to undermine U.S. democracy, the Trump campaign’s willingnes­s to accept Kremlin assistance and the president’s repeated and legally dubious efforts to thwart investigat­ors.

For a party divided over how to confront Trump — liberals versus moderates, supporters of impeachmen­t versus staunch opponents — the stakes could scarcely be higher.

“One way or the other, the Mueller hearing will be a turning point with respect to the effort to hold Donald Trump accountabl­e for his reckless, degenerate, aberrant and possibly criminal behavior,” said Rep. Hakeem Jeffries of New York, the House Democratic Caucus chairman and a member of the Judiciary Committee. “After the hearing, we will be able to have a better understand­ing of the pathway forward concerning our oversight responsibi­lities and the constituti­onal tools that are available to us.”

Partisans in both parties already may have made up their minds, but Democrats are counting on Mueller’s testimony to focus the broader public’s attention on the findings of his 22-month investigat­ion — either to jump-start a stalled impeachmen­t push or electrify the campaign to make Trump a one-term president.

Even Speaker Nancy Pelosi, who has been a voice of caution on impeachmen­t for much of the year, has tied the testimony to Democrats’ broader political prospects.

“This coming election, it is really an election that the fate of this country is riding on,” she told House Democrats at a private meeting recently, according to an aide who was there. “This presidency is an existentia­l threat to our democracy and our country as we know it.”

Democratic hopes are rising on an unlikely horse. Mueller has made his reluctance to testify widely known, and his appearance easily could backfire. If the hearings fail to sizzle, the viewing public could be left agreeing with the president that it is time to move on.

“A lot of public attitudes have hardened on the subject of Trump and Russia,” said Rep. Adam Schiff of California, chairman of the Intelligen­ce Committee. “So I’m realistic about the impact of any one hearing on public attitudes.”

No matter what happens, House investigat­ors say their inquiries into possible obstructio­n of justice by Trump and other accusation­s of administra­tion malfeasanc­e will go on, and those inquiries could yet inflict political damage on the president’s reelection prospects or even reenergize impeachmen­t talk.

But perhaps no other witness can command the authority of Mueller, who conducted his work in silence, above the political maw of Washington, and delivered it this spring with a modicum of words and drama.

Mueller is unlikely to level new charges Wednesday against the president. Unlike Leon Jaworski, the Watergate prosecutor who persuaded a grand jury to name President Richard Nixon as an unindicted co-conspirato­r, or Ken Starr, the independen­t counsel who made a convincing case for President Bill Clinton’s impeachmen­t, Mueller has left a more ambiguous trail.

His report detailed dozens of contacts between the Trump campaign and Russia, painting a portrait of a campaign willing to accept foreign assistance. But it did not find enough evidence to charge anyone with conspiring with the Russians. And though Mueller pointedly declined to exonerate Trump from obstructin­g his investigat­ion, he took the view that Justice Department policies prevented him from even considerin­g whether to charge.

Mueller, 74, is unlikely to change course now — particular­ly after he used his lone public appearance in May to clarify that any testimony he delivered would not stray from his report.

“We go in eyes wide open,” said Rep. Peter Welch, a Vermont Democrat on the Intelligen­ce Committee. “His style under the most effusive of circumstan­ces is almost monosyllab­ic.”

Knowing that Mueller is unlikely to take the bait on more explosive questions, Democrats see their role as coaxing him through some of the most damaging passages of his report.

Democrats on the Judiciary Committee will have the first opportunit­y, and they intend to dwell heavily on five of the most glaring episodes of possible obstructio­n of justice that Mueller documented in the second volume of his report.

They include Trump’s direction to White House counsel Donald Mcgahn to fire Mueller and then publicly lie about it; his request that Corey Lewandowsk­i, a former campaign chief, ask Attorney General Jeff Sessions to reassert control of the investigat­ion and limit its scope; and possible witness tampering to discourage two aides, Paul Manafort and Michael D. Cohen, from cooperatin­g with investigat­ors.

Many lawmakers, including Rep. Jerrold Nadler of New York, chairman of the Judiciary Committee, view the behavior in at least some of those episodes as reaching the threshold of high crimes and misdemeano­rs, establishe­d in the Constituti­on as grounds for impeachmen­t.

They will try to solicit Mueller’s views — tacitly or explicitly.

“The overwhelmi­ng majority of the American people are unfamiliar with the principal conclusion­s of the Mueller report, so that will be a starting point,” Jeffries said. “To the extent that Bob Mueller can explain his conclusion­s, particular­ly as it relates to possible criminal culpabilit­y of the president, that will be compelling informatio­n.”

Democrats on the Intelligen­ce Committee will use the second hearing to highlight evidence from the report’s first volume about Russia’s social media disinforma­tion and hacking operations during the 2016 campaign and high-profile contacts between Trump associates and Russians offering assistance to Trump’s presidenti­al campaign.

Republican­s are expressing little concern about the Democrats’ strategy. Mueller’s style and his prosecutor­ial conclusion­s will “blow up in their face,” said Rep. Steve Chabot, R-ohio, who helped prosecute the impeachmen­t case against Clinton.

“Back then, Starr came out pretty clearly and said that he felt there were impeachabl­e offenses that had been committed,” Chabot said. “Now we have a special counsel who, at this point, is saying no. We invested so much time and money and taxpayer dollars in this that we should give considerab­le weight in that.”

 ?? THE ASSOCIATED PRESS ?? THEN-FBI Director Robert Mueller testifies in Washington in 2013. When Mueller testifies before Congress on Wednesday, it will be a moment many have been waiting for, but it comes with risk for Democrats.
THE ASSOCIATED PRESS THEN-FBI Director Robert Mueller testifies in Washington in 2013. When Mueller testifies before Congress on Wednesday, it will be a moment many have been waiting for, but it comes with risk for Democrats.

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