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pnwmom

(109,001 posts)
Thu May 16, 2019, 11:26 PM May 2019

Mueller testimony to Congress stalled by Executive Privilege claim

Source: WSJ

Special Counsel Robert Mueller’s appearance before a House panel has been stalled partly due to discussions on whether the White House’s assertion of executive privilege would limit his testimony, according to people familiar with the matter.

The House Judiciary Committee and Mr. Mueller’s team have been in negotiations for days about the contours of the special counsel’s eagerly-awaited testimony about his 448-page report on Russian interference in the 2016 election and episodes in which President Trump allegedly sought to influence the investigation.

Attorney General William Barr released the Mueller report publicly last month with redactions for grand jury and other sensitive material. The House committee then subpoenaed the unredacted version of the report plus the underlying evidence. Last week, the White House asserted executive privilege over the subpoenaed materials.

Legal questions on how Mr. Trump’s assertion of executive privilege would affect Mr. Mueller’s testimony are central to the continuing negotiations, said the people familiar with the matter. The privilege claim could prevent him from discussing details involving Mr. Trump and his advisers beyond what is in the redacted report, the people added. The Justice Department’s Office of Legal Counsel is weighing the questions and is expected to provide guidance, officials said.

Read more: https://www.wsj.com/articles/mueller-testimony-to-congress-stalled-by-executive-privilege-claim-11558041535?emailToken=df80b9d61a2fcbf68926e30f0a27823bfmQ0UeOomtXrbBWpiSef+fNtqd05Ri7fzLQMx/JG/ptThn3DkK2yBepEOBzFbO1HA6xOUPvw69gqKNO1scbRwUtt+TrhJvvhAFM

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Mueller testimony to Congress stalled by Executive Privilege claim (Original Post) pnwmom May 2019 OP
come on now. how the fuck could that be? mopinko May 2019 #1
That is what they have been doing... BigmanPigman May 2019 #2
Another thing we need to work on if we get both houses and the WH Jake Stern May 2019 #3
Not until we get to use it 100x times over ffr May 2019 #11
Executive privilege sandensea May 2019 #4
Mueller testimony to Congress stalled by Bullshit Five Ten Nineteen May 2019 #5
My view of Mueller is drifting South over the last few weeks. Perhaps he's under threat? Magoo48 May 2019 #17
does "executive privilege" actually have any legal basis? flyingfysh May 2019 #6
It is nowhere in the Constitution. We'll see how "originalist" many of them are. n/t pnwmom May 2019 #7
Since "Corporations are People" I believe them to be Constitutionally creative. Midnight Writer May 2019 #12
Co-equal branches. So how about Congressional Privilege? Beartracks May 2019 #8
The Special Counsel can resign and then testify More_Cowbell May 2019 #9
I can't believe Mueller has not quit yet. Why is he acquiescing to this bullshit? SunSeeker May 2019 #10
Couldn't he still be working on the counter-intelligence investigation pnwmom May 2019 #15
I heard that Mueller said recently that he did NOT look into that at all. FailureToCommunicate May 2019 #21
Mueller hasn't been saying anything publicly and until he does I don't believe any rumors. pnwmom May 2019 #22
Pretty sure he did. I just don't recall who reported it. FailureToCommunicate May 2019 #23
His Report makes clear the FBI is/was handling the counterintelligence aspect, not Mueller. SunSeeker May 2019 #24
Again, this doesn't preclude the possibility that Mueller was involved in both areas. pnwmom May 2019 #32
His Report says he wasn't involved in both areas, that's why the FBI was embedded. SunSeeker May 2019 #35
Could you site the specific language of his report that says that? pnwmom May 2019 #36
The very fact that Mueller issued a report means he's done. The report by law comes at the end. SunSeeker May 2019 #37
Yes he concluded the work as Special counsel tasked with a criminal investigation. pnwmom May 2019 #38
Pension money! He could get his pension revoked for any b.s. reason like.... machoneman May 2019 #19
Yes, I remember that. Very shitty move, which McCabe is litigating. SunSeeker May 2019 #25
He might still be working on the counter-intelligence investigation that Comey was working on pnwmom May 2019 #14
Mueller was never working on the counterintelligence investigation. SunSeeker May 2019 #27
That doesn't mean that Mueller has not been assisting the FBI with its probe. pnwmom May 2019 #28
There is no more Mueller probe, so he isn't assisting the FBI counterintelligence folks any more. SunSeeker May 2019 #30
There is no more Mueller criminal probe. We don't know what his involvement pnwmom May 2019 #31
Trump apparently fails to realize... jmowreader May 2019 #13
no surpise, Pelosi will have to up her game now and perhaps name an impeachment inquiry committee beachbum bob May 2019 #16
What's he hiding behind. Donald you said your innocent. Historic NY May 2019 #18
What a boy scout. Come ON Mueller, man-up, and march over to Congress with FailureToCommunicate May 2019 #20
I'm betting Mueller no longer has a non-redacted copy Bayard May 2019 #26
Well, he is a republican. nt. BlueIdaho May 2019 #34
I was under the assumption BumRushDaShow May 2019 #29
Muellers moment... Maxheader May 2019 #33
The time has come for Congress to begin striking fear Progressive Jones May 2019 #39
He can still appear as a private citizen. paleotn May 2019 #40

mopinko

(70,265 posts)
1. come on now. how the fuck could that be?
Thu May 16, 2019, 11:29 PM
May 2019

jeebus. they will just throw any old shit at the wall hoping it will stick wont they?

how the hell is nadler even entertaining this crap?

Jake Stern

(3,145 posts)
3. Another thing we need to work on if we get both houses and the WH
Thu May 16, 2019, 11:34 PM
May 2019

Eliminate or severely restrict executive privilege.

ffr

(22,672 posts)
11. Not until we get to use it 100x times over
Fri May 17, 2019, 01:48 AM
May 2019

Then we can change it in a lame duck session to hamstring the republis.


Outflank those bastards!

sandensea

(21,677 posts)
4. Executive privilege
Thu May 16, 2019, 11:35 PM
May 2019

That's Cheeto must tell Melania every time she asks him what he was doing with Ivanka.

Magoo48

(4,721 posts)
17. My view of Mueller is drifting South over the last few weeks. Perhaps he's under threat?
Fri May 17, 2019, 08:23 AM
May 2019

Without his testimony on the entirety of the report, in public, progress is stalled indefinitely. His stance is tentative and reserved. He acts like a man restrained. We’ll see...

flyingfysh

(1,990 posts)
6. does "executive privilege" actually have any legal basis?
Fri May 17, 2019, 12:01 AM
May 2019

I first heard of this term when Nixon dreamed it up to try to defend himself against Watergate. I don't know of any legal or Constitutional basis for such a privilege, but I am not a lawyer.

Is there any legal basis for this, or is this a custom basically started by Nixon?

Beartracks

(12,821 posts)
8. Co-equal branches. So how about Congressional Privilege?
Fri May 17, 2019, 12:17 AM
May 2019

I believe it's the privilege of Congress to decide what is legislatively appropriate and to subpoena documents and testimony.

==========

More_Cowbell

(2,191 posts)
9. The Special Counsel can resign and then testify
Fri May 17, 2019, 01:18 AM
May 2019

The special counsel regulations are set up to allow that, for this very situation.

pnwmom

(109,001 posts)
15. Couldn't he still be working on the counter-intelligence investigation
Fri May 17, 2019, 04:22 AM
May 2019

that Comey had started? That would be separate from a US criminal investigation.

pnwmom

(109,001 posts)
22. Mueller hasn't been saying anything publicly and until he does I don't believe any rumors.
Fri May 17, 2019, 09:37 AM
May 2019

It is so easy to spin what someone says or to misunderstand him.

FailureToCommunicate

(14,026 posts)
23. Pretty sure he did. I just don't recall who reported it.
Fri May 17, 2019, 09:41 AM
May 2019

Anyway, there's nothing in the "Mueller Report" about the counter intelligence investigation.

SunSeeker

(51,744 posts)
24. His Report makes clear the FBI is/was handling the counterintelligence aspect, not Mueller.
Fri May 17, 2019, 10:04 AM
May 2019

There were counterintelligence FBI agents embedded with the Mueller team, but they were not under Mueller. That was a very dismaying thing to gleen from the Report. Mueller just acted as a prosecutor. He did not take over the counterintelligence investigation, which began well before he was appointed. The Mueller Report says nothing about the status, let alone the findings, of the counterintelligence investigation, nor whether it is even still ongoing. Trump may have shut it down for all we know.

Adam Schiff has requested to be briefed on the status of the counterintelligence investigation, but so far has been ignored.

Headline 2 days ago at WaPo:

What happened to the Trump counterintelligence investigation? House investigators don’t know. But not for lack of asking.
https://beta.washingtonpost.com/politics/2019/05/15/what-happened-trump-counterintelligence-investigation-house-investigators-dont-know/?outputType=amp

pnwmom

(109,001 posts)
32. Again, this doesn't preclude the possibility that Mueller was involved in both areas.
Fri May 17, 2019, 12:39 PM
May 2019

He could have been working on the criminal investigation and also assisting the FBI with counter-intelligence matters.

SunSeeker

(51,744 posts)
35. His Report says he wasn't involved in both areas, that's why the FBI was embedded.
Fri May 17, 2019, 02:40 PM
May 2019

It was the embedded FBI counterintelligence agents who were doing the counterintelligence investigation, not Mueller.

Mueller is done, he purports to have completed his mandate and unequivocally stated be will not bring any more indictments.

If he is now helping counterintelligence officers, that would appear to be outside his mandate. I can't imagine Barr letting him just carry on like that. It really is odd that he is still there, and not saying a word.

pnwmom

(109,001 posts)
36. Could you site the specific language of his report that says that?
Fri May 17, 2019, 03:14 PM
May 2019

Because I haven't seen anything that precludes his involvement assisting the FBI in its counter-intelligence investigation.

He IS done with the criminal investigation, yes.

How would any of us know whether he ALSO had a mandate from Rosenstein on the counter-intelligence side? Counter-Intelligence work is normally kept secret.

SunSeeker

(51,744 posts)
37. The very fact that Mueller issued a report means he's done. The report by law comes at the end.
Fri May 17, 2019, 03:29 PM
May 2019

 "At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel." https://www.law.cornell.edu/cfr/text/28/600.8

pnwmom

(109,001 posts)
38. Yes he concluded the work as Special counsel tasked with a criminal investigation.
Fri May 17, 2019, 04:00 PM
May 2019

I'm saying we don't know whether he ALSO, under a different assignment, assisted with a counter-intelligence investigation.

But we do know he's doing something for the DOJ still. And one thing that's still going on is that "mystery" investigation involving some foreign company, which was secretly acted on b the Supreme Court. My bet's on that.

And if that's part of a counter-intelligence investigation, it may never get unsealed -- or we might have to wait for decades.

machoneman

(4,013 posts)
19. Pension money! He could get his pension revoked for any b.s. reason like....
Fri May 17, 2019, 09:19 AM
May 2019

he exceeded his allowed testimony under executive privilege, if that crap move stands.

Remember that Trump fired one fellow just before his plan would have been fully vested in another really shitty move.

pnwmom

(109,001 posts)
14. He might still be working on the counter-intelligence investigation that Comey was working on
Fri May 17, 2019, 04:21 AM
May 2019

before he was fired.

How would we know?

SunSeeker

(51,744 posts)
27. Mueller was never working on the counterintelligence investigation.
Fri May 17, 2019, 10:49 AM
May 2019

The Mueller investigation was a criminal probe, not a counterintelligence investigation.

From the Atlantic:

It was not a counterintelligence probe. Mueller both says this directly and also describes how the counterintelligence equities were handled. Here’s how Mueller describes his investigation: “Like a U.S. Attorney’s Office, the Special Counsel’s Office considered a range of classified and unclassified information available to the FBI in the course of the Office’s Russia investigation, and the Office structured that work around evidence for possible use in prosecutions of federal crimes.” A counterintelligence investigation is not structured around evidence for possible use in prosecutions of federal crimes.

Mueller then answers the question of what happened to the counterintelligence components of the investigation: The FBI took responsibility for them. “From its inception,” Mueller writes, “the Office recognized that its investigation could identify foreign intelligence and counterintelligence information relevant to the FBI’s broader national security mission. FBI personnel who assisted the Office established procedures to identify and convey such information to the FBI.”

The special counsel’s office and the FBI Counterintelligence Division had regular meetings to facilitate this transfer of information. “For more than the past year,” Mueller goes on, “the FBI also embedded personnel at the Office who did not work on the Special Counsel’s investigation, but whose purpose was to review the results of the investigation and to send—in writing—summaries of foreign intelligence and counterintelligence information to FBIHQ and FBI Field Offices.” The report deals only, Mueller says, with “information necessary to account for the Special Counsel’s prosecution and declination decisions and to describe the investigation’s main factual results.”

In other words, the Mueller investigation was a criminal probe only. It had embedded FBI personnel sending back to the FBI material germane to the FBI’s counterintelligence mission. But Mueller does not appear to have taken on the counterintelligence investigative function himself.

https://www.theatlantic.com/ideas/archive/2019/04/ben-wittes-five-conclusions-mueller-report/588259/

pnwmom

(109,001 posts)
28. That doesn't mean that Mueller has not been assisting the FBI with its probe.
Fri May 17, 2019, 11:32 AM
May 2019

It only means that the criminal and counterintelligence probes were separate.

The report deals only, Mueller says, with “information necessary to account for the Special Counsel’s prosecution and declination decisions and to describe the investigation’s main factual results.”


Yes, the report only dealt with prosecution and declination decisions. That wouldn't preclude Mueller, who is an expert in counter-intelligence, from also assisting in that investigation -- but not as part of his special counsel, criminal work.

And we know that Mueller is working on SOMETHING there that he's not talking about.

SunSeeker

(51,744 posts)
30. There is no more Mueller probe, so he isn't assisting the FBI counterintelligence folks any more.
Fri May 17, 2019, 11:38 AM
May 2019

He was only assisting them to the extent they were embedded with his team and the Mueller team was passing info to them. The Mueller team is now disbanded.

pnwmom

(109,001 posts)
31. There is no more Mueller criminal probe. We don't know what his involvement
Fri May 17, 2019, 12:37 PM
May 2019

might be on the counter-intelligence side, which has never been made public and probably never will be.

The criminal investigation team has now been disbanded.That doesn't tell us about whether Mueller is still involved in assisting on the counter-intelligence side.

All we know is that he is still working there, doing SOMETHING.

 

beachbum bob

(10,437 posts)
16. no surpise, Pelosi will have to up her game now and perhaps name an impeachment inquiry committee
Fri May 17, 2019, 07:25 AM
May 2019

and go to war with the trump admin on everything

FailureToCommunicate

(14,026 posts)
20. What a boy scout. Come ON Mueller, man-up, and march over to Congress with
Fri May 17, 2019, 09:26 AM
May 2019

the whole enchilada in your hands. (the un-redacted enchilada)

Bayard

(22,179 posts)
26. I'm betting Mueller no longer has a non-redacted copy
Fri May 17, 2019, 10:34 AM
May 2019

That it was confiscated, along with all of his notes.

But what is the penalty for "violating" executive privilege? That he loses his pension? House of Reps holds the purse, can't they re-instate it?

BumRushDaShow

(129,645 posts)
29. I was under the assumption
Fri May 17, 2019, 11:38 AM
May 2019

that the bulk of what was being investigated happened BEFORE the inauguration in January 2017. IOW, Obama was still President, not Drumpf. So how can any claim of "Executive Privilege" apply here?

(unless they are referring trying to claim "Executive Privilege" over all the obstruction that happened DURING the investigation itself)

Maxheader

(4,374 posts)
33. Muellers moment...
Fri May 17, 2019, 01:09 PM
May 2019


Sure..why whine about the a.g.s interpretation? He knew he'd have to testify about true content, eventually.

Progressive Jones

(6,011 posts)
39. The time has come for Congress to begin striking fear
Fri May 17, 2019, 09:47 PM
May 2019

in the hearts and minds of Donald Trump and William Barr.
Others, as well.

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