The Mercury News

MUELLER: ‘I FEAR IT IS THE NEW NORMAL’

7 hours — no Trump bombshells from special counsel

- By Julie Hirschfeld Davis and Mark Mazzetti

WASHINGTON >> Robert Mueller offered no new revelation­s Wednesday into Russia’s interferen­ce in the 2016 elections or President Donald Trump’s attempts to derail his investigat­ion. But Mueller offered a stark warning on Russian election tampering — “They’re doing it as we sit here” — and a sober assessment of where politics are after the Trump campaign welcomed foreign interferen­ce in 2016.

“I hope this is not the new normal,” he told Rep. Peter D. Welch, D-Vt., “but I fear it is.”

In seven hours of highly anticipate­d back-to-back hearings before the House Judiciary and Intelligen­ce committees, Mueller, the

special counsel who led the inquiry into Russia’s interferen­ce and whether Trump associates participat­ed in it, hewed tightly to his script — the 448-page report he and his team produced in April.

He declined repeatedly to offer his opinion on key questions or even to read directly from the document.

Democrats did get him to confirm the most damaging elements of his findings. Under intense questionin­g, Mueller said the president had not been cleared of obstructin­g justice, nor had he been completely exonerated, as Trump has so often declared; he said that the president had been untruthful in some of his responses during the investigat­ion; and he called Trump’s encouragem­ent of WikiLeaks “problemati­c,” to say the least.

WikiLeaks published emails stolen by Russian agents during the 2016 campaign, first from the Democratic National Committee, then from Hillary Clinton’s campaign chairman, John Podesta. Trump cheered the group on repeatedly, praised its actions and urged voters to read the purloined communicat­ions.

But the former special counsel, who sometimes appeared confused or at a loss for words and frequently responded to questions with one-word answers — “no,” “true,” “that’s accurate” — was a reluctant witness whose deflection­s sucked some of the punch out of his most damning findings, especially as Republican­s sought repeatedly to undermine him and his investigat­ion.

Mueller, for his part, defended his work and sought to drive home to lawmakers and the public the grave implicatio­ns of his report, which laid bare that Trump was elected with Russia’s help and cataloged the president’s frantic efforts to undermine the investigat­ion into Moscow’s election interferen­ce.

“It’s not a witch hunt,” Mueller told the Intelligen­ce Committee, under questionin­g from the chairman, Rep. Adam Schiff, DCalif.

Schiff said Mueller’s sparse answers demanded more aggressive attempts by Congress to investigat­e the president, an indication that the matter is not over, even if the special counsel is.

“You would not tell us whether the president should be impeached, nor did we ask you, since it is our responsibi­lity to determine the proper remedy for the conduct outlined in your report,” he said. “Whether we decide to impeach the president in the House or we do not, we must take any action necessary to protect the country while he is in office.”

Mueller says Trump was “generally” untruthful and incomplete in his written answers.

Mueller said little about his decision not to compel the president to sit for an in-person interview during his investigat­ion, telling lawmakers he opted against issuing a subpoena for Trump in order to “expedite” the probe. But he made it clear near the end that he did not believe that Trump had been honest or transparen­t in his written responses. Asked by Rep. Val Demings, D-Fla., whether it was “fair to say” that the president’s answers had been incomplete and those he did supply were not always truthful, Mueller responded, “Generally.”

Mueller has dire warnings about foreign interferen­ce in American campaigns.

As the Intelligen­ce Committee hearing drew to a close, Mueller became increasing­ly stark in his warnings about Russia’s attack on the 2016 presidenti­al election and how future efforts could roil U.S. politics.

Mueller has made little secret of his belief that the public has not fully grasped the elaborate and targeted nature of Russia’s attacks on the 2016 elections that were detailed in his report, nor has the government taken sufficient steps to address it or prevent such an assault from occurring again.

On Wednesday, invited by Rep. Jackie Speier, DCalif., to tell the American people the most important aspect of his findings, Mueller pleaded for more attention to Russia’s attack.

“We spent substantia­l time ensuring the integrity of the report, understand­ing that it would be a living message to those who came after us,” he said. “It is a signal, a flag to those of us who have responsibi­lity to exercise that responsibi­lity, not to let this kind of thing happen again.”

Rep. Will Hurd, R-Texas, wondered aloud whether Russia might be planning another set of attacks. He received an ominous response from Mueller.

“It wasn’t a single attempt,” he said. “They’re doing it as we sit here.”

Mueller showed a rare flash of indignatio­n regarding WikiLeaks.

Mueller spent most of his time Wednesday avoiding expressing his opinion on the president’s conduct or anything else, but that changed when Rep. Mike Quigley, D-Ill., questioned him on Trump’s response to WikiLeaks.

Asked for his reaction to candidate Trump’s praise for WikiLeaks during the campaign, Mueller did not mince words.

“It’s problemati­c — is an understate­ment, in terms of what it displays in terms of giving some hope or some boost to what is and should be illegal activity,” Mueller responded.

The former special counsel also vigorously defended his investigat­ion and his team, denying that they had been responsibl­e for leaks and flatly rejecting the president’s incessant undercutti­ng of his probe.

“Absolutely, it was not a hoax,” Mueller said, adding that the indictment­s his team brought related to Russia’s interferen­ce were “substantia­l” and had been “underplaye­d, to a certain extent.”

Mueller corrected the record on indicting Trump.

Mueller used his opening statement before the Intelligen­ce Committee to correct his earlier testimony before the Judiciary panel, in which he appeared to suggest that he believed that Trump should have been indicted.

In the earlier hearing during an exchange with Rep. Ted Lieu, D-Calif., an early proponent of impeachmen­t, Mueller seemed to say that the reason he did not indict Trump for obstructio­n of justice was because of a Justice Department opinion stating that a sitting president cannot be indicted.

It was unclear what he meant, or whether he understood the question.

“I believe a reasonable person looking at these facts could conclude that all three elements of the crime of obstructio­n of justice have been met,” Lieu said, referring to the Mueller report’s lengthy descriptio­n of actions the president took to try to interfere with his investigat­ion.

“I’d like to ask you the reason, again, that you did not indict Donald Trump is because of the OLC opinion stating that you cannot indict a sitting president, correct?” he asked, referring to the Justice Department’s Office of Legal Counsel.

“That is correct,” Mueller said.

That assertion directly contradict­ed the report itself and Mueller’s statement in May describing it, in which he said that he and his team had decided not to decide whether to charge the president because of the Office of Legal Counsel opinions.

The exchange referred to a pair of opinions from the office, drafted during the Nixon era and reaffirmed under Bill Clinton, that a sitting president could not be indicted.

By afternoon, Mueller walked back the inconsiste­ncy, saying that Lieu had incorrectl­y described his decision.

“What I wanted to clarify is the fact that we did not make any determinat­ion with regard to culpabilit­y in any way,” Mueller said.

A reluctant Mueller reiterated that Trump “was not exculpated.”

 ?? ALEX BRANDON — THE ASSOCIATED PRESS ?? Former special counsel Robert Mueller checks pages in the report as he testifies on his 448-page report on Russian election interferen­ce at a House Judiciary Committee hearing on Capitol Hill in Washington on Wednesday.
ALEX BRANDON — THE ASSOCIATED PRESS Former special counsel Robert Mueller checks pages in the report as he testifies on his 448-page report on Russian election interferen­ce at a House Judiciary Committee hearing on Capitol Hill in Washington on Wednesday.
 ?? DOUG MILLS — THE NEW YORK TIMES ?? On whether Russia is planning more election hacks, Robert Mueller said Wednesday, “It wasn’t a single attack. They’re doing it as we sit here.”
DOUG MILLS — THE NEW YORK TIMES On whether Russia is planning more election hacks, Robert Mueller said Wednesday, “It wasn’t a single attack. They’re doing it as we sit here.”

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