Thursday, July 25, 2019

The Merchant of Merchants is not Exonerated

Mueller tells Congress his report did not exonerate Trump — live updates

Speaking in short sentences and frequently turning to cite his report, former special counsel Robert Mueller spent the morning testifying to lawmakers for the first time about his two-year investigation into Russian interference in the 2016 campaign and attempts by the president to impede his probe.
The former FBI director hewed closely to the findings of his report in response to sometimes-heated questioning from 41 members of the House Judiciary Committee during the first of two hearings slated for Wednesday. His hearing before the House Intelligence Committee began shortly before 1 p.m.
In the first hearing, Mueller gave one-word answers — „yes,“ „no,“ „true,“ „correct“ — 112 times over the course of nearly four hours. He repeatedly asked members to repeat their questions. He flatly refused to address a range of topics or even read directly from his report, asking members to recite relevant passages themselves. He declined to discuss whether his report was a tacit recommendation of impeachment, and would not elaborate on the process behind key decisions that were made over the course of his investigation.
At the beginning of the hearing, Mueller reiterated his investigation did not exonerate President Trump on obstruction of justice, emphasizing Department of Justice policies against charging a sitting president.
Democrats largely focused on the portion of Mueller’s report dealing with possible obstruction by the president, while Republicans expressed outrage over Mueller’s failure to clear the president and questioned the origins of the investigation itself.
The few instances when Mueller diverged from the report came when he defended the integrity of his investigators, pushing back on Republicans who suggested his team was politically motivated.
Mueller’s testimony at the first hearing began at 8:30 a.m. and ran longer than its allotted time, concluding shortly after noon. He is testifying before the House Intelligence Committee for another two hours in the afternoon. — Stefan Becket
Watch the hearing on CBSN in the player above, and follow along with updates below
Turner questions Mueller’s ability to „exonerate“ Trump
1:45 p.m.: GOP Rep. Mike Turner questioned whether Mueller had the ability to „exonerate“ Mr. Trump. Mueller declined to argue whether Attorney General William Barr had the power to exonerate someone of a crime, saying: „I’m going to pass on that.“
Asked why, Mueller replied: „Because it embroils us in a legal discussion and I’m not prepared to do a legal discussion in that arena.“
„You have no more power to declare Trump exonerated than you do to declare him Anderson Cooper,“ Turner said, after referencing a headline seen on CNN.
The concept of „total exoneration“ in the investigation (or lack thereof) originated with Mr. Trump.
— Grace Segers
Mueller clarifies earlier answer on why Trump wasn’t indicted
1:15 p.m.: In his opening statement, Mueller clarified an exchange he had with Rep. Ted Lieu in the first hearing. Lieu had asserted Mueller did not recommend charges against the president because of Justice Department policy that says a sitting president cannot be indicted.
But Mueller clarified that his office „did not reach a determination as to whether the president committed a crime.“
— Kathryn Watson
Nunes calls hearing a „Hail Mary“ attempt
1:05 p.m.: House Intelligence Committee ranking member Devin Nunes called the Mueller hearing a „Hail Mary“ attempt by Democrats to revive what he calls the Russian hoax. Nunes described the hearing as the „last gasp of the Russia collusion conspiracy theory.“
„As Democrats continue to foist this spectacle on the American people as well as you, Mr. Mueller, the American people may recall the media first began spreading this conspiracy theory in the spring of 2016 when Fusion GPS funded by the DNC and the HIllary Clinton campaign started developing the Steele dossier, a collection of outlandish accusations that Trump and his associates were Russian agents.“
— Kathryn Watson
Trump: „#ShiftySchiff“ an „Embarrassment to our country“
1:04 p.m.: Mr. Trump thanked Democrats for holding the hearing in a tweet, seemingly expressing confidence that Mueller’s testimony had benefited him more than it had Democrats. He also took aim at Schiff, the committee chairman:
— Grace Segers
House Intelligence Committee hearing begins
12:52 p.m.: The House Intelligence Committee kicked off its hearing after a brief break. This time around, Mueller deputy Aaron Zebley at the witness table to assist him with any details.
Chairman Adam Schiff began by thanking Mueller for a „lifetime of service to the country.“ Schiff called Mueller’s report „methodical“ and „devastating.“
Schiff said Mueller’s report is not only about Russian interference, but about disloyalty to country and lies.
„Disloyalty to country. Those are strong words,“ Schiff said.
— Kathryn Watson
White House calls first hearing a „disgrace“ for Democrats
12:48 p.m.: White House press secretary Stephanie Grisham issued a statement after the conclusion of the first hearing saying, „The last three hours have been an epic embarrassment for the Democrats. Expect more of the same in the second half.“
Jay Sekulow, the president’s private lawyer, claimed the first hearing revealed „troubling deficiencies of the special counsel’s investigation“ and „revealed that this probe was conducted by a small group of politically-biased prosecutors who, as hard as they tried, we’re unable to establish either obstruction, conspiracy, or collusion between the Trump campaign and Russia.“
— Kathryn Watson
Judiciary Committee hearing concludes
12:10 p.m.: The Judiciary Committee hearing concluded shortly after noon. After a brief break, Mueller will testify before the House Intelligence Committee. That testimony is scheduled for two hours.
— Grace Segers
Mueller declines to discuss impeachment
11:55 a.m.: Mueller, asked whether or not his report recommends impeachment, declined to discuss the topic. The former special counsel told a questioning member of Congress he was „not going to talk about that issue.“
Some critics of the president have interpreted Mueller’s report as a call to Congress to begin impeachment proceedings. Mueller’s report says that, because of current OLC policy, charging a sitting president isn’t an option. „The Constitution requires a process other than the criminal justice system,“ Mueller’s report says, a line that has fueled speculation about Mueller’s meaning.
— Kathryn Watson
Mueller defends integrity of his team of investigators
11:50 a.m.: Mueller defended the integrity of his team of investigators, saying he did not believe their political beliefs impacted their ability to do their jobs. When there was a conflict, like with Peter Strzok, those investigators were transferred.
Mueller said asking about someone’s political affiliation before hiring them is „not done“ at DOJ.
„I’ve been in this business almost 25 years, and in those 25 years I’ve not had occasion once to ask about somebody’s political affiliation. It is not done,“ Mueller said. „What I care about is the capability of the individual to do the job and do the job seriously and quickly and with integrity.“
— Grace Segers
Trump campaign fundraising off Mueller hearing
11:43 a.m.: The Trump campaign is sending texts and emails to fundraise off the Mueller hearing.
„Pres. Trump: There was NO COLLUSION! Let’s tell the Dems to end this WITCH HUNT by raising $2,000,000 in 24 HOURS! Contribute NOW,“ a text message sent to supporters read.
An email sent to supporters included a lengthier version of that plea.
„Robert Mueller is testifying on right now, and the Democrats and Corrupt Media are going to pull out all the stops to try and TRICK the American People into believing their LIES,“ the email read. „How many times do I have to be exonerated before they stop?“
— Kathryn Watson
Graham calls Mueller hearing „confusing“
11:36 a.m.: Elsewhere on Capitol Hill, Sen. Lindsey Graham told reporters he finds the Mueller hearing „confusing.“
„I like Bob Mueller,“ Graham, a Trump ally, said. „The hearing is confusing. Bob Mueller has served our nation well for a very long time. This hearing should not be the judge of his service to our country. He’s a decorated marine. He received a Purple Heart, he was the FBI director after 9/11. I’ve known him for a long time and I’m not going to let this hearing change my opinion of Mr. Mueller.“
— Kathryn Watson
Mueller won’t say whether investigators interviewed Steele
11:35 a.m.: Under questioning by Rep. Greg Steube, Mueller repeatedly said he could not get into whether his investigators interviewed former British spy and dossier author Christopher Steele.
Mueller said at the beginning of the hearing he couldn’t discuss the origins of the Russia investigation, something he repeated during the congressman’s line of questioning.
„As I said at the outset this morning, that was one of the investigations I could not speak to,“ Mueller told Steube.
— Kathryn Watson
Lesko hits Mueller for citing news stories in report
11:09 a.m.: GOP Rep. Debbie Lesko criticized Mueller for citing news articles in the second section of the report, which dealt with whether Mr. Trump obstructed justice. Lesko said, by her count, the report cited The Washington Post around 60 times, The New York Times 75 times and Fox News 25 times.
„It looks like Volume II is mostly regurgitated press stories,“ Lesko said.
Mr. Trump initially denied a 2018 New York Times article reporting he asked former White House Counsel Don McGahn to have Mueller fired, even though the Mueller report later confirmed the incident.
— Grace Segers
Mueller’s team told committee he wouldn’t read report aloud
10:59 a.m.: Mueller’s team specifically informed the Judiciary and Intelligence committees that he would decline to read from the report during the hearing, according to a committee source involved in the negotiations surrounding Mueller’s appearance.
He has asked members several times to read portions of the report aloud themselves. A Democratic source said their questioning was structured around that assumption, which is why members have had citations ready.
— Olivia Gazis
Mueller declines to agree with ex-prosecutors‘ letter on obstruction
10:50 a.m.: Democratic Rep. Eric Swalwell referenced a May letter signed by about 1,000 former federal prosecutors of both parties, who agreed that Mr. Trump would be charged with obstruction if he weren’t president.
Swalwell asked whether Mueller agreed with the prosecutors.
„They have a different case,“ Mueller said.
Swalwell then asked if Mueller wanted to sign the letter.
„They have a different case,“ Mueller repeated.
— Grace Segers
Mueller says attempting to obstruct justice is still a crime
10:43 a.m.: Democratic Rep. David Cicilline asked Mueller about Mr. Trump’s multiple attempts to limit the scope of the Russia investigation, such as when he asked former Attorney General Jeff Sessions to reverse his decision to recuse himself from the probe or when he told former White House Counsel Don McGahn to order Mueller’s firing.
„An unsuccessful attempt to obstruct is still a crime, is that right?“ Cicilline asked.
„True,“ Mueller replied, again indicating Mr. Trump could conceivably face indictment after leaving office.
— Grace Segers
Mueller reaffirms Trump could be indicted after leaving office
10:38 a.m.: Mueller reaffirmed to GOP Rep. Ken Buck that a president can be indicted on criminal charges after he leaves office. Current Justice Department guidance says a sitting president cannot be indicted.
„We cannot indict a sitting president, so one of the tools a prosecutor could use isn’t there,“ Mueller said about making a determination about whether Mr. Trump obstructed justice.
Republicans on the committee have repeatedly criticized Mueller for not making a determination while also not exonerating the president, arguing he should have made a determination one way or the other.
— Grace Segers
Mueller avoids questions on Steele dossier
10:25 a.m.: Republican Rep. Matt Gaetz, a staunch Trump ally, raised his voice as he criticized Mueller for not doing enough to address the dossier authored by former British spy Christopher Steele.
Mueller declined to address the matter in detail, adding that the subject is „under investigation“ internally at the Justice Department and is therefore „beyond my purview.“ Gaetz shot back, calling that notion „absurd.“
— Kathryn Watson
Trump tweets Fox coverage of Mueller testimony
10:11 a.m.: Mr. Trump had said he probably wouldn’t watch Mueller’s testimony, but the president, who has nothing on his public schedule before 4 p.m., appears to be watching Fox News, which is televising Mueller’s testimony.
„‚This has been a disaster for the Democrats and a disaster for the reputation of Robert Mueller,'“ Mr. Trump said, apparently quoting anchor Chris Wallace.
— Kathryn Watson
Mueller can’t say why Trump wanted to fire him
9:45 a.m.: When Democratic Rep. Ted Deutch asked why the president wanted to fire him, Mueller responded, „I can’t answer that question.“
But Mueller did confirm his report suggests the president wanted to fire him because Mueller was investigating him for obstruction of justice.
Mueller’s report outlines multiple times when McGahn said he was instructed to remove the special counsel.
— Kathryn Watson
Mueller says he didn’t discuss FBI job with Trump „as a candidate“
9:40 a.m.: Rep. Louie Gohmert, a firebrand ultra-conservative, asserted that Mueller spoke with Mr. Trump about becoming FBI director before he was appointed special counsel in 2017, but Mueller clarified he did not meet with Mr. Trump „as a candidate.“ The president has repeatedly claimed Mueller is „conflicted“ because he wanted to be FBI director, and Mr. Trump didn’t offer him the job.
Gohmert also questioned Mueller’s friendship with former FBI Director James Comey. The two have known each other for years, and once worked together.
At one point during his questioning, Gohmert began yelling at Mueller for allowing former FBI official Peter Strzok, who made critical comments about the president in texts, to join his investigative team. Mueller did not react.
— Kathryn Watson
Mueller ducks questions on Fusion GPS
9:30 a.m.: Responding to repeated questions about Fusion GPS, the firm that commissioned Christopher Steele’s investigation and the so-called „Steele dossier,“ Mueller said questions about the origins of the Russia investigation were „outside of my purview.“
— Grace Segers
Mueller declines to answer question on „impeachable conduct“
9:20 a.m.: When asked why he did not determine if the president had undertaken any „impeachable conduct,“ Mueller noted his mandate did not include determining whether an offense could be addressed by other means.
„We have studiously kept in the center of the investigation our mandate. And our mandate does not go to other ways of addressing conduct. Our mandate goes to developing the report and turning the report in to the attorney general,“ Mueller said, in response to a question by Republican Rep. Jim Sensenbrenner.
— Grace Segers
Ratcliffe says Mueller violated his mandate as special counsel
9:12 a.m.: GOP Rep. John Ratcliffe slammed Mueller for not exonerating Mr. Trump in his report, arguing there should be a presumption of innocence if someone is not indicted of a crime.
„Donald Trump should not be above the law. He’s not. But he damn sure shouldn’t be below the law, which is where Volume II this report puts him,“ Ratcliffe said, referring to the section of the report dealing with obstruction.
Ratcliffe said Mueller was meant to come to a decision on obstruction of justice under his mandate as special counsel. Ratcliffe criticized Mueller for failing to do so in the second portion of his report.
„You wrote 180 pages about decisions that weren’t reached,“ Ratcliffe said.
Mueller was largely unable to respond, and Ratcliffe’s combative questioning served as an indication of how Republicans would use their time to undermine the conclusions of the report and Mueller’s seeming independence.
— Grace Segers
Collins questions difference between „collusion“ and „conspiracy“
9:02 a.m.: Noting that „collusion“ is not a legal term, ranking member Rep. Doug Collins asked whether Mueller believed the terms „collusion“ and „conspiracy“ were synonymous. The report found that no Trump campaign official criminally conspired with Russian individuals to influence the election.
Mueller initially said „collusion“ and „conspiracy“ were not synonymous. However, when Collins noted the report said the two terms were „largely synonymous,“ Mueller deferred to the language in his report.
— Grace Segers
Mueller says report did not “totally exonerate” the president
8:54 a.m.: Questioning Mueller first, Nadler asked whether the report totally exonerated the president, as Mr. Trump and his allies have frequently claimed.
„No,“ Mueller responded.
Mueller also reiterated his report did not clear the president of obstruction of justice, and that the president could still be indicted after leaving office.
— Grace Segers
Mueller says his testimony will be „limited“
8:47 a.m.: In his opening statement, Mueller defended the independence of his investigation, saying he and his investigators aimed to „to work quietly, thoroughly, and with integrity so that the public would have full confidence in the outcome.“
Mueller added that his testimony would be „limited“ due to ongoing litigation, and because he was unable to comment on the origins of the investigation and the so-called „Steele dossier“ — a key talking point for Republicans on the committee.
„These matters are the subject of ongoing review by the Department. Any questions on these topics should therefore be directed to the FBI or the Justice Department,“ Mueller said about the origins of the investigation.
He also indicated his testimony Wednesday would not include any new information.
„I do not intend to summarize or describe the results of our work in a different way in the course of my testimony today. As I said on May 29: the report is my testimony. And I will stay within that text,“ Mueller said, adding that he would not comment on Barr’s determination that Mr. Trump did not obstruct justice.
„Over the course of my career, I’ve seen a number of challenges to our democracy. The Russian government’s effort to interfere in our election is among the most serious. As I said on May 29, this deserves the attention of every American,“ Mueller concluded.
— Grace Segers
Collins defends Trump in opening statement
8:39 a.m.: In his opening statement, ranking member Rep. Doug Collins defended Mr. Trump, noting that the Mueller report concluded that no one on the Trump campaign „colluded, collaborated or conspired“ with Russian officials.
Collins referred to Mr. Trump’s repeated criticism of the investigation and Mueller, saying that „the president’s attitude toward the investigation was understandably negative.“ However, Collins said Mr. Trump did not shut down the investigation — even though the report suggested the president had questioned his advisers about firing Mueller and limiting the scope of the probe.
„Nothing we hear today will change those facts,“ Collins said, referring to Mueller finding no conspiracy by Trump campaign officials and Russia to influence the election.
— Grace Segers
Nadler: „Not even the president is above the law“
8:35 a.m.: In his opening statement, chairman Jerry Nadler points directly to Mueller’s findings from the Russia report that while Mr. Trump was not charged with obstruction of justice, citing long standing Department of Justice policy, he „made clear that he is not exonerated.“
„Any other person who acted this way would have been charged with a crime. And in this nation, not even the president is above the law,“ Nadler says in his prepared opening statement.
„Director Mueller, we have a responsibility to address the evidence you have uncovered. You recognized as much when you said ‚the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing.'“
— Emily Tillett
Mueller hearing begins
8:33 a.m.: The hearing began on schedule, with Mueller taking his seat shortly after 8:30 a.m.
— Grace Segers
Mueller arrives for hearing
7:50 a.m.: the former special counsel pulled up in a grey SUV ahead of his highly-anticipated testimony. Mueller ignored shouted questions from reporters as he made his way into the Capitol.
Trump attorneys say legal team is confident
7:41 a.m.: Mr. Trump’s personal attorney Rudy Giuliani told CBS News the Trump legal team is „feeling very confident that no matter what Democrats do, they can’t rewrite the report’s conclusion that no case be brought.“
Not surprisingly, Giuliani wants to see an emphasis on the origins of the probe. He said, „More interesting will be how Mueller answers questions about how much he knew about the now obvious effort to frame the President. And why didn’t he follow exculpatory leads.“
Attorney Jay Sekulow meanwhile confirmed that the Trump legal team has not had any contact with Mueller ahead of the hearing.“We expect that his report is his testimony, and his testimony is his report,“ he said.
— Weijia Jiang and Paula Reid
Dems to push Mueller on Barr spar
7:29 a.m.: While Democrats will push Mueller to be on the record about potential instances where Mr. Trump could have been charged with obstruction of justice, CBS News‘ chief legal correspondent Jan Crawford predicted Democrats will also push to expose a rift between Mueller and Barr.
Crawford told „CBS This Morning“ they would press Mueller on whether he thought the attorney general was right in making his call to issue a conclusion before the report was released, pointing to his widely contested 4-page summary of the 448-page report.
Crawford said Democrats want Mueller on the record if he felt Barr was ever misleading to Congress and the American people in testifying on the report’s findings, a moment that is sue to cause tension between Mueller and the attorney general.
Trump issues first tweet on testimony day
7:05 a.m.: „So Democrats and others can illegally fabricate a crime, try pinning it on a very innocent President, and when he fights back against this illegal and treasonous attack on our Country, they call It Obstruction? Wrong! Why didn’t Robert Mueller investigate the investigators?“ President Trump posed on Twitter just an hour before Mueller is to appear before lawmakers.
Just days before, Mr. Trump’s Justice Department told Mueller to limit his congressional testimony to information contained in the public version of his report on Russian interference in the 2016 election.
Mueller had previously been adamant that his report was the only testimony needed on the matter.
Mr. Trump added, „It was NEVER agreed that Robert Mueller could use one of his many Democrat Never Trumper lawyers to sit next to him and help him with his answers.“
„This was specifically NOT agreed to, and I would NEVER have agreed to it. The Greatest Witch Hunt in U.S. history, by far!“
There is no evidence that Zebley is a „Never Trumper.“
Pelosi pushes for Dems to safeguard election ahead of testimony
6:46 a.m.: Ahead of Mueller’s testimony, Speaker Nancy Pelosi distributed a 6-page memo to House Democrats telling them to „fight for our national security“ by safeguarding the U.S. election process.
The memo, which was obtained by CBS News, cites „key findings“ from Mueller’s report on Russian interference in the 2016 election. But while Pelosi’s memo offers a damning assessment of the president’s behavior, it makes no mention of impeachment, an issue that has roiled the Democratic caucus since the spring.
„Democrats will close gaps in existing law, bolster our defenses and uphold the balance of powers enshrined in our sacred Constitution, honoring our oath: investigate, litigate, legislate. Nothing less than the integrity of our democracy, the rule of law and national security are at stake,“ the memo, titled „Exposing the Truth,“ reads.
Lines form before hearing starts
6:37 a.m.: Hours before Mueller is to appear before lawmakers, a long line, comprised of mostly young professionals, formed along the winding halls of the Rayburn House office building. Many of those camped out told CBS News that they suffered through the long lines „for the historic moment.“
Two interns told CBS News they had sat in the hallways since 8 p.m. the night before and ordered take out food to make it through the night.
What Democrats expect from Mueller
In a public statement at the end of May, Mueller indicated he wouldn’t provide any new information if called to testify before Congress. „The report is my testimony,“ he said at the time. „I would not provide information beyond that which is already public in any appearance before Congress.“
Democratic staffers on the House Judiciary Committee aren’t expecting a „big, dramatic new revelation“ from Mueller. They think he’ll „lean into“ the factual findings and legal conclusions.
Lawmakers will „respect“ the fact that Mueller has been very clear about not wanting to give his personal opinion on whether Mr. Trump broke the law, the staffers said, and understand Mueller feels he has to stay within the confines of the report.
— Rebecca Kaplan
What Democrats hope to accomplish
A Democrat on the House Judiciary Committee told CBS News that lawmakers are „just hoping“ to get the basic findings and conclusions related to obstruction of justice out in the open for people to hear them, away from the „thick fog of propaganda“ put forth by the attorney general and president.
„The hope is that we can achieve some kind of national consensus about what took place, based on the report, and then we can move on to oversight and to all of the other allegations,“ the representative said.
Lawmakers, according to the staff, plan to focus on five instances they think would incur criminal charges for obstruction of justice if any other individual besides the president had carried out these actions. They’re laid out here:
Mr. Trump’s repeated directions to former White House counsel Don McGahn to fire Mueller;
His direction to McGahn to deny he’d been ordered to fire Mueller;
His direction to adviser Corey Lewandowski to deliver a message to then-Attorney General Jeff Sessions to limit the investigation to exclude the president and only focus on future elections;
Mr. Trump’s message to Lewandowski to tell Sessions he would be fired if he didn’t meet with Lewandowski
His tampering with witnesses Paul Manafort, the former campaign chairman, and former Trump personal lawyer Michael Cohen
— Kathryn Watson and Rebecca Kaplan
Trump doesn’t think Mueller should testify
Mr. Trump says he thinks Mueller’s testimony is another ploy by Democrats to undermine his presidency.
„Highly conflicted Robert Mueller should not be given another bite at the apple. In the end it will be bad for him and the phony Democrats in Congress who have done nothing but waste time on this ridiculous Witch Hunt. Result of the Mueller Report, NO COLLUSION, NO OBSTRUCTION!“ Mr. Trump tweeted Monday.
However, Mueller’s report made no determination about whether Mr. Trump had obstructed justice.
„As set forth in the report, after the investigation, if we had confidence that the president did not clearly commit a crime, we would have said so,“ Mueller told reporters in May.
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