The Oklahoman

The worst cover-up of all time

- Rich Lowry King Features Syndicate

President Donald Trump may be guilty of many things, but a cover-up in the Mueller probe isn't one of them.

House Speaker Nancy Pelosi, attempting to appease forces in the Democratic Party eager for impeachmen­t, is accusing him of one, with all the familiar Watergate connotatio­ns.

The charge is strange, not to say incomprehe­nsible, in light of the fact that Congress is in possession of a 448-page report produced by the Trump Department of Justice cataloging the alleged obstructio­n that Congress now wants to investigat­e. The report is so exhaustive that many members of Congress haven't had the time to read it.

If this is a White House cover-up, it's too late. It's a cover-up of an alleged crime that has already been extensivel­y exposed, not by whistleblo­wers, not by Jerry Nadler, not by hostile journalist­s, but by a DOJ prosecutor who worked under the supervisio­n of Trump's handpicked deputy attorney general.

Pelosi has rehearsed the cliche, “As they say, the cover-up is frequently worse than the crime.” Or in this case, a substitute for the crime.

Mueller found no Russia collusion or coordinati­on and didn't even accuse the president of obstructio­n, instead bizarrely pronouncin­g him “not exonerated.”

Pelosi hasn't deemed the alleged obstructio­n detailed in the Mueller report worthy of impeachmen­t, but now insists that Trump's resistance to congressio­nal probes is itself obstructio­n and “could be impeachabl­e.”

This is an alleged process crime on top of an alleged process crime, all stemming from an investigat­ion that Trump had the power to stop but never did (even as he openly hated it and came up with various schemes, never effected, to crimp it).

The Mueller report is chock-full of direct accounts of private conversati­ons with the president, which would ordinarily be considered the most sensitive White House communicat­ions most likely to trigger a claim of executive privilege. The White House

never tried to block any of the testimony. Mueller often writes in such compelling novelistic detail exactly because everyone talked.

The only exception was the president himself, who only took written questions about the Russian portion of the probe (remember that?). But Mueller stipulates in the report that he didn't try to subpoena the president, in part, because he had gotten the relevant informatio­n from everyone else.

After going through this investigat­ion for two years, run by a prosecutor with considerab­le resources and powers, and a welldemons­trated willingnes­s to nail anyone not telling the truth, the White House is balking at repeating the experience with Congress.

It has zero political interest in abetting highprofil­e hearings with former White House officials such as Don McGahn, and legitimate privilege claims to make over the president's communicat­ions with his advisers and over the vast amount of unreviewed underlying material of the Mueller report.

This is a high-intensity version of the typical jousting between the two branches. Some of it will surely be negotiated out, and some of it will be decided by the courts.

Congress obviously has its own legitimate claims here, although the factfindin­g authorized by Pelosi is largely a charade to avoid grasping the nettle of impeachmen­t.

The Democrats could slap together a couple of hearings with law professors and former prosecutor­s and impeach Trump tomorrow if they wanted to.

This is what makes the current situation so crazy. Trump, let alone Attorney General William Barr or McGahn, isn't the one stopping Congress from pursuing impeachmen­t. They have no control over it whatsoever. Impeachmen­t is entirely a matter for the House, which is entirely under the control of Pelosi.

She, not the president, is “obstructin­g” an impeachmen­t inquiry in the literal sense of not letting one go forward, despite many of her members wanting one and despite the Trump DOJ handing her a potential road map in the form of the 448-page report.

If this is a cover-up, it is the worst executed coverup of all time.

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