after the report

Nana is dozing in her recliner, so I thought I would try to do a quick post on my reactions so far to the redacted release of the Mueller report. With everything going on in my family life, I haven’t been able to read all 400+ pages, but have seen excerpts and analysis from lawyers and investigative/legal reporters, which I have found very helpful.

As longtime readers may recall, I was very concerned about Russian hacking and interference in the 2016 US presidential election, even before the voting took place, so volume one of the report, which details the Russian attacks, is chilling. It reveals how extensive the attack was, confirming that it reached millions of potential voters, some of whom were targeted with particular posts or ads because of where they lived, their race, and other personal factors. It also deals with the hacking of the Democratic National Committee and other campaign systems with release of materials to the public, as well as attempts to hack voting systems.

I am very concerned that Congress has not done enough to help the FBI and the states and localities identify potential weaknesses, especially in technology systems, and rectify them for the 2020 race, which has already started with many candidates declaring their intent to run in the party primaries. We need to be prepared for both similar attacks and for different kinds of attacks from Russia and from other countries. This should not be a partisan issue at all; people across the political spectrum should all be committed to protecting our national security and our freedoms.

The second part of the report is about possible obstruction of justice by the President. It makes it clear that no charges were filed because it is Justice Department policy not to indict a sitting president. Mueller also made it clear that he could not gather all the evidence needed, as the President and several other key figures were not able to be interviewed by the investigators. However, the report lays out details of possible counts of obstruction, which could be taken up by Congress as part of their investigations (which could lead to the filing of impeachment charges) or which could be charged by the courts after Trump leaves office. The statute of limitations for most of the actions taken by the president is five years, so if he leaves office during his first term or fails to win a second term, court charges could be brought for obstruction of justice.

The question of whether the House of Representatives will move toward impeachment is open. It’s complicated by the fact that the Mueller investigation was focused on Russian interference, but there are investigations on-going in other areas, among them illegal campaign contributions, emoluments, and financial crimes. Trump is trying to block them by ignoring subpoenas, not providing records, and not allowing even former staff to testify to Congress. It’s plausible that this could cause additional impeachment charges of obstruction for not cooperating with a Congressional investigation.

Additionally, people have to be aware that the standards for impeachment are different than they are for court trials. For example, one of the impeachment charges against President Nixon was lying to the American people. There isn’t a specific law against this, but it is considered a “high crime or misdemeanor,” which is the Constitutional impeachment criteria.

Some people say that Congress should just wait until the 2020 election, but I disagree. I’m afraid if these things aren’t investigated, with impeachment charges filed if found appropriate, it will look as though anyone who is elected president can get away with breaking laws and ethical codes for four years without consequence.

That is a terrible message to send. We, the People of the United States, deserve better.