The Reporter (Lansdale, PA)

Mueller report changed everything

- Byron York Columnist

From now on, the TrumpRussi­a affair — the investigat­ion that dominated the first years of Donald Trump’s presidency — will be divided into two parts: before and after the release of Robert Mueller’s report. Before the special counsel’s findings were made public last month, the president’s adversarie­s were on the offensive. Now, they are playing defense.

The change is due to one simple fact: Mueller could not establish that there was a conspiracy or coordinati­on between Russia and the Trump campaign to fix the 2016 election. The special counsel’s office interviewe­d 500 witnesses, issued 2,800 subpoenas, executed nearly 500 search-andseizure warrants and obtained nearly 300 records of electronic communicat­ions, and still could not establish the one thing that mattered most in the investigat­ion.

Without a judgment that a conspiracy — or collusion, in the popular phrasing — took place, everything else in the Trump-Russia affair began to shrink in significan­ce.

In particular, allegation­s that the president obstructed justice to cover up a conspiracy were transforme­d into allegation­s that he obstructed an investigat­ion into a crime that prosecutor­s could not say actually occurred.

Of course, TV talking heads are still arguing over obstructio­n. But with the report’s release, the investigat­ion moved from the legal realm to the political realm. And in the political realm, the president has a simple and effective case to make to the 99.6 percent of Americans who are not lawyers: “They say I obstructed an investigat­ion into something that didn’t happen? And they want to impeach me for that?”

The ground has shifted in the month since the report became public. Before the release, many Democrats adopted a “wait for Mueller” stance, basing their anti-Trump strategy on the hope that Mueller would find the much-anticipate­d conspiracy.

Then Mueller did not deliver. And not only that — Mueller’s report stretched to 448 pages, with long stretches of minutiae and arcane legal argument that the public would never read. Democrats searched for a way to convince Americans that the president was still guilty of something serious.

They devised a plan to turn the Mueller report into a TV show, accessible to millions of viewers who have not read even a page of the report itself. They would call key witnesses to give dramatic testimony in televised hearings that would build support for possible impeachmen­t.

At the same time, they would insist that Attorney General William Barr, who has allowed top lawmakers to see the full Mueller report with the exception of a small amount of grand jury material, was hiding something, and that the hidden material might reveal presidenti­al wrongdoing.

So far, the strategy has not worked.

In the meantime, House Democrats have been reduced to stunts to try to grab the public’s attention. At the Capitol recently, they enlisted Hollywood star John Cusack to take part in a public reading of the entire Mueller report — it took 12 hours — as C-SPAN cameras rolled. The event did not exactly captivate the nation.

Now, Republican­s have turned the tables on Democrats by pumping new energy into their long-held desire to “investigat­e the investigat­ion.” Barr, who set off enormous controvers­y with his statement that “spying did occur” against the Trump campaign, has taken up the cause, assigning U.S. Attorney John Durham to look into the origins of the probe.

Anticipati­on is also building for the release of Justice Department Inspector General Michael Horowitz’s report on the department’s handling of the case.

It is probably not a coincidenc­e that some Obama-era intelligen­ce figures are now pointing fingers at each other over their reliance on the socalled Steele dossier, a collection of unsubstant­iated allegation­s against the president compiled by a former British spy on behalf of the Hillary Clinton campaign.

None of this would have happened without the Mueller report’s conclusion that the evidence did not establish conspiracy or coordinati­on. If Democrats could still claim that Trump and Russia conspired in 2016, they would still have the upper hand. But after Mueller, that claim is no longer possible, and Democratic hopes are dwindling.

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