Congress wants to know: Is Mueller almost done?
WASHINGTON – Members of Congress could have their first – and probably only – chance to question acting Attorney General Matthew Whitaker on Friday, and there’s a lot they want to ask: Has the White House tried to interfere in the criminal investigations surrounding the president? Has Whitaker revealed secrets to the White House?
And the question that has confounded Washington for months: Is the investigation of Russian election interference that has shadowed the first two years of President Donald Trump’s administration really about to end?
But first: Will Whitaker show up at all?
Whitaker is scheduled to appear before the House Judiciary Committee at 9:30 a.m. EST. The committee on Thursday authorized its chairman, Rep. Jerrold Nadler, D-N.Y., to serve a subpoena on Whitaker if he declines to answer lawmakers’ questions. Thursday, Whitaker told lawmakers that he would appear only if lawmakers promised to withdraw the subpoena threat.
“Political theater is not the purpose of an oversight hearing,” Whitaker said in a statement.
Whitaker has presided over special counsel Robert Mueller’s investigation since Trump ousted Jeff Sessions as attorney general in November. Whitaker said last month that the investigation was “close to being completed,” the first time anyone familiar with its workings had offered even a hint in public of its likely trajectory. He did not elaborate.
Democrats on the panel said they’re eager to know what he meant. “By saying this is close to being wrapped up, are those his wishes or the words of the Mueller team? I think those are fair questions,” said Rep. Eric Swalwell, DCalif. He said lawmakers deserve an assurance that the special counsel “still has the freedom of movement that it needs to pursue leads.”
If Mueller’s work is nearing its end, it’s giving outward signs of an investigation still gathering evidence.
Lawyers for the special counsel are fighting two cases in which witnesses defied orders to testify before Mueller’s grand jury. One, involving a company owned by a foreign government, awaits Supreme Court review.
The lawyers confirmed in a court filing that Rick Gates, Trump’s former deputy campaign chairman who pleaded guilty to charges of conspiracy and lying to investigators, “continues to cooperate with respect to several ongoing investigations.” Prosecutors and Gates’ lawyers said it will be at least mid-March before they’re ready to set a date for sentencing.
Two weeks ago, FBI agents gathered troves of electronics and other materials from the home, apartment and office of Trump confidant Roger Stone, who is charged with lying to Congress. Prosecutors seized so much information that they might not be ready for trial until October.
“From what we can see, I’m skeptical that he’s close to wrapping up,” said Randall Eliason, a law professor and former federal prosecutor.
Lawmakers said they plan to press Whitaker to explain what he meant.
“It was inappropriate for him to talk about a timeline for the ending of a criminal investigation,” said Rep. Ted Lieu, D-Calif. “The reason that prosecutors don’t talk about timelines is with every new witness or new tranche of evidence you uncover, it could lead to additional witnesses, additional leads.”