The release of the Mueller report to Congress and to the public – even in its redacted version – does not end the question of Donald Trump’s fitness to be president, whether his conduct is becoming of a president, or even whether he committed any “high crimes or misdemeanors.” It is only the end of one federal criminal investigation. To maintain credibility with the American electorate and to strengthen our democratic institutions, Congress now must take the baton and run.
As president, Donald Trump’s legacy has been the erosion of institutional norms, the elevation of falsehoods over fact, and the adoption of schoolyard bullying tactics over Presidential dignity. Even as the Mueller report was released, Trump could not allow the report to speak for itself, insisting on tweeting out memes more reflective of a tween than a US president.
While there was loud outcry over the way the report was presented, Democrats must stay focused on the facts that matter. First, it was not wrong to let the president’s personal attorneys review the report before Congress or the public saw it – even if the President himself does not recognise it, it is a human right to be free from unfair attacks in the press. It is a right to have an attorney in a criminal investigation. The President’s counsel should have the opportunity to identify whether the President would want to assert any of his legal rights before the report was released.
Likewise, the redactions are appropriate. There are ongoing investigations and court cases at stake. There are the persistent attempts by Russia to influence American politics. There is the legitimate right to keep secret the testimony of people called to testify before a grand jury. The Department of Justice has an obligation to protect those rights.
Finally, it is no surprise that Attorney General William Barr decided against prosecuting the President on obstruction charges. Prosecutors have wide latitude to decide when, whom, how, and even whether to prosecute for apparent violations of federal criminal law. More importantly, there are very real and complicated constitutional questions about whether the Justice Department – overseen by the president – can or should prosecute a sitting president. No matter the ultimate merits of that case, inevitably the decision would get tied up the courts.
But that does not mean that it is ‘Game Over’, as Trump tweeted. Mueller – and the Justice Department by way of their redactions – make clear that there are a number of ongoing criminal investigations into the underlying conduct. While these may not lead to an indictment of a sitting president, his underlings are all vulnerable. Once Trump leaves office, he is fair game.
Likewise, the Mueller report lays out in excruciating detail extensive contacts between Russian nationals and the Trump campaign, advisors, and family members – many of whom seemed all too eager to get in bed with a foreign adversary if it meant digging up dirt on Hillary Clinton. That should give Congress – and the American public – real concerns about the President’s commitment to protecting US democracy and national security.
Furthermore, while the Special Counsel is hamstrung by Justice Department policies, he rightly points out that the Congress is not. The Special Counsel did not clear the President of allegations of obstructing justice. On the contrary, he outlined ten episodes of obstruction, reeling off details of attempts by the President to bully people into silence or cover up the facts. While there may not have been a criminal conspiracy between the Russians and the President, the President’s acts in covering up that conduct – particularly given his very significant power as the president ― is a different matter entirely. As the Special Counsel concludes, “Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office.” Doing so “accords with our constitutional system of checks and balances and the principle that no person is above the law.”
The challenge for Congress will be following this roadmap without falling into the same partisan, overhyped rhetoric of the President. Congress must be laser-focused on rooting out the corruption and the abuse of power. After two years, the Special Counsel and his team have the facts. It may be unrealistic to expect a Republican-led Senate to convict a Republican president no matter the facts. Nevertheless, the House must take seriously its obligation to act as a check on this president and bring the facts to light.
As Winston Churchill famously said over 75 years ago: “Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning.” Ultimately, the citizens of the United States deserve the chance to hear the facts and decide whether this president should be its leader.
Amy Pope served as the deputy homeland security advisor to President Obama, as counsel on the Senate Judiciary Committee, and as a federal prosecutor