- Former Special Counsel Robert Mueller testified before Congress about the findings of his two-year-long investigation into Russian interference in the 2016 election and potential efforts by President Donald Trump to obstruct that investigation.
- Mueller largely stuck to the language of his report, as he had promised he would do earlier if asked to testify.
- Here are several key takeaways from Mueller’s testimonies.
Mueller Testifies Before Congress
Former Special Counsel Robert Mueller gave his highly anticipated testimonies before two House committees Wednesday, speaking for nearly seven hours.
Mueller’s first testimony was before the Judiciary Committee, where the questions mostly focused obstruction of justice and the whether or not a sitting president can be indicted.
His second testimony was before the Intelligence Committee, where questions focused more on Russian interference in the 2016 election.
The former special counsel, for his part, kept his responses short and fairly limited. He gave many yes or no answers, often referring the questioner back to the report, or saying he was not able to talk about the matter legally.
According to CNN, Mueller declined to answer a question or deferred a total of 206 times throughout both hearings.
Following the initial release of the report, Mueller had said before that he did not want to testify before Congress and if he did, he would stick to the report.
His ability to give answers was also further complicated by the Justice Department, which told him he could not answer a wide range of questions.
Most notably, the Department informed Mueller that he was not allowed to answer questions about people who have not been charged with illegal activities, which made it complicated o talk about Trump and his family.
Now that we have Mueller’s testimonies regarding the findings of his investigation, let’s look at some of the key takeaways from the hearings.
Obstruction of Justice & Exoneration
Mueller started his day on Capitol Hill fielding questions from the House Judiciary Committee.
The Chairman of that Committee, Rep. Jerry Nadler (D-NY) pressed Mueller on his conclusions as to whether or not President Donald Trump committed obstruction of justice.
“The report did not conclude that he did not commit obstruction of justice, is that correct?” asked Nadler. Mueller responded saying Nadler was correct.
“What about total exoneration? Did you actually totally exonerate the president?” Nadler continued.
“No,” Mueller replied.
“Your investigation actually found, quote, ‘multiple acts by the president that were capable of exerting undue influence over law enforcement investigations, including the Russian interference and obstruction investigations.’ Is that correct?” Nadler asked, to which Mueller responded that it was.
Another notable line of questioning about obstruction and indictments came from Rep. Ted Lieu (D-CA).
‘Sessions was being instructed to tell the special counsel to end the existing investigation into the president and his campaign,’” Lieu read from Mueller’s report. “That’s in the report, correct?” Mueller concurred.
“That would be evidence of an obstructive act because it would naturally obstruct their investigation, correct?” Lieu continued.
“Correct,” Mueller responded.
Questions of Indictment
Lieu later continued to discuss the Department of Justice rule that a sitting president cannot be indicted, which is based off a memo from the Office of Legal Counsel (OLC).
“I believe any reasonable person looking at these facts could conclude that all three elements of the crime of obstruction of justice have been met,” he said. “And I’d like to ask you the reason, again, that you did not indict Donald Trump is because of OLC opinion stating that you cannot indict a sitting president, correct?”
“That is correct,” Mueller answered. He later walked that statement back during his opening statements in front of the Intelligence Committee.
“I wanted to go back to one thing that was said this morning by Mr. Lieu,” he said in his opening statement. “It was said, and I quote, ‘you didn’t charge the president because of the OLC opinion.’ That is not the correct way to say it. As we say in the report and as I said in the opening, we did not reach a determination as to whether the president committed a crime.”
There was a lot of media focus on that exchange and Mueller’s clarification, but the question Lieu asked Mueller before is also fascinating. In answering Lieu’s question, Mueller confirmed that Trump asked then-Attorney General Jeff Sessions to end the investigation.
He also seemed to agree with Lieu’s analysis that that would be evidence of an obstructive act.
Rep. Cedric Richmond (D) struck a similar tone in a question he posed to Mueller. “So it’s fair to say the president tried to protect himself by asking staff to falsify records relevant to an ongoing investigation?” he asked.
“I would say that is generally a summary,” the special counsel responded.
Regarding the question of whether or not a president could theoretically be indicted once they leave office.
Another one of the most notable moments during Mueller’s testimony in the Judiciary Committee came from this line of questioning from Rep. Ken Buck (R-CO).
Buck asked Mueller if he had found “sufficient evidence to convict President Trump or anyone else with obstruction of justice.”
Mueller responded that his team “did not make that calculation,” because the OLC opinion “indicates that we cannot indict a sitting president. So one of the tools that a prosecutor would use is not there.”
Later, Buck asked, “could you charge the president with a crime after he left office?”
“Yes,” Mueller responded.
Trump’s Answers to Mueller’s Questions
Mueller’s testimony at the Intelligence Committee hearing focused more on the portion of his report concerning Russian intervention in the 2016 election.
One of the most talked-about sound bites from that hearing came during questioning from Rep. Val Demings (D-FL). Demings asked a series of questions about Trump’s answers to Mueller’s questions during the investigation.
Mueller never interviewed Trump in person, but Trump gave written answers to Mueller’s questions.
“According to the report there were follow-up questions because of the president’s incomplete answers about the Moscow project,” Demings asked. “Did the president answer your follow up questions either in writing or orally?”
“No,” Mueller said.
“He did not,” she continued. “In fact, there were many questions that you asked the president that he simply didn’t answer, isn’t that correct?” Mueller responded that it was true.
“And there were many answers that contradicted other evidence you had gathered during the investigation, isn’t that correct Director Mueller?” she asked.
“Yes,” the special counsel answered.
“Director Mueller, isn’t it fair to say that the president’s written answers were not only inadequate and incomplete because he didn’t answer many of your questions, but where he did his answers show that he wasn’t always being truthful?” Demings asked shortly after,
“There — I would say generally,” he responded.
WikiLeaks & Russia
Rep. Mike Quigley (D-IL) asked the special counsel a series of questions about WikiLeaks.
He asked Mueller if he would agree with an assessment made by Mike Pompeo when he was the director of the CIA that WikiLeaks is a “hostile intelligence service,” to which Mueller responded, “Absolutely.”
Quigley then read some statements Trump has made in the past about WikiLeaks.
“‘This just came out… WikiLeaks. I love WikiLeaks,’ Donald Trump, October 10, 2016, ‘This WikiLeaks stuff is unbelievable. It tells you the inner heart, you gotta read it,’ Donald Trump, October 12, 2016. ‘This WikiLeaks is like a treasure trove,’ Donald Trump, October 31, 2016. ‘Boy, I love reading those WikiLeaks,’ Donald Trump, November 4, 2016. Do any of those quotes disturb you, Mr. Director?” he asked.
“Well, problematic is an understatement in terms of what it displays, in terms of some, I don’t know, hope or some boost to what is and should be illegal activity,” Mueller responded.
Finally, Mueller also had a now-viral sound-bite about Russian interference in the election during questioning from Rep. Will Hurd (R-TX), who asked, “in your investigation, did you think this was a single attempt by the Russians to get involved in our election, or did you find evidence to suggest they’ll try to do this again?”
“It wasn’t a single attempt,” Mueller responded. “The doing it as we sit here, and they expect to do it during the next campaign.”
See what others are saying: (The New York Times) (Time) (Fox News)
Jan. 6 Committee Prepares Criminal Charges Against Steve Bannon for Ignoring Subpoena
The move comes after former President Trump told several of his previous aides not to cooperate with the committee’s investigation into the insurrection.
Bannon Refuses to Comply With Subpoena
The House committee investigating the Jan. 6 insurrection announced Thursday that it is seeking to hold former White House advisor Steve Bannon in criminal contempt for refusing to comply with a subpoena.
The decision marks a significant escalation in the panel’s efforts to force officials under former President Donald Trump’s administration to comply with its probe amid Trump’s growing efforts to obstruct the inquiry.
In recent weeks, the former president has launched a number of attempts to block the panel from getting key documents, testimonies, and other evidence requested by the committee that he claims are protected by executive privilege.
Notably, some of those assertions have been shut down. On Friday, President Joe Biden rejected Trump’s effort to withhold documents relating to the insurrection.
Still, Trump has also directed former officials in his administration not to comply with subpoenas or cooperate with the committee.
That demand came after the panel issued subpoenas ordering depositions from Bannon and three other former officials: Chief of Staff Mark Meadows, Deputy Chief of Staff Dan Scavino, and Pentagon Chief of Staff Kash Patel.
After Trump issued his demand, Bannon’s lawyer announced that he would not obey the subpoena until the panel reached an agreement with Trump or a court ruled on the executive privilege matter.
Many legal experts have questioned whether Bannon, who left the White House in 2017, can claim executive privilege for something that happened when he was not working for the executive.
Panel Intensifies Compliance Efforts
The Thursday decision from the committee is significant because it will likely set up a legal battle and test how much authority the committee can and will exercise in requiring compliance.
It also sets an important precedent for those who have been subpoenaed. While Bannon is the first former official to openly defy the committee, there have been reports that others plan to do the same.
The panel previously said Patel and Meadows were “engaging” with investigators, but on Thursday, several outlets reported that the two — who were supposed to appear before the body on Thursday and Friday respectively — are now expected to be given an extension or continuance.
Sources told reporters that Scavino, who was also asked to testify Friday, has had his deposition postponed because service of his subpoena was delayed.
As far as what happens next for Bannon, the committee will vote to adopt the contempt report next week. Once that is complete, the matter will go before the House for a full vote.
Assuming the Democratic-held House approves the contempt charge, it will then get referred to the U.S. Attorney for the District of Columbia to bring the matter before a grand jury.
See what others are saying: (CNN) (The Washington Post) (Bloomberg)
Senate Votes To Extend Debt Ceiling Until December
The move adds another deadline to Dec. 3, which is also when the federal government is set to shut down unless Congress approves new spending.
Debt Ceiling Raised Temporarily
The Senate voted on Thursday to extend the debt ceiling until December, temporarily averting a fiscal catastrophe.
The move, which followed weeks of stalemate due to Republican objections, came after Senate Minority Leader Mitch McConnell (R-Ky.) partially backed down from his blockade and offered a short-term proposal.
After much whipping of votes, 11 Republicans joined Democrats to break the legislative filibuster and move to final approval of the measure. The bill ultimately passed in a vote of 50-48 without any Republican support.
The legislation will now head to the House, where Majority Leader Steny Hoyer (D-Md.) said members would be called back from their current recess for a vote on Tuesday.
The White House said President Joe Biden would sign the measure, but urged Congress to pass a longer extension.
“We cannot allow partisan politics to hold our economy hostage, and we can’t allow the routine process of paying our bills to turn into a confidence-shaking political showdown every two years or every two months,’’ White House Press Secretary Jen Psaki said in a statement.
Under the current bill, the nation’s borrowing limit will be increased by $480 billion, which the Treasury Department said will cover federal borrowing until around Dec. 3.
The agency had previously warned that it would run out of money by Oct. 18 if Congress failed to act. Such a move would have a chilling impact on the economy, forcing the U.S. to default on its debts and potentially plunging the country into a recession.
Major Hurdles Remain
While the legislation extending the ceiling will certainly offer temporary relief, it sets up another perilous deadline for the first Friday in December, when government funding is also set to expire if Congress does not approve another spending bill.
Regardless of the new deadline, many of the same hurdles lawmakers faced the first time around remain.
Democrats are still struggling to hammer out the final details of Biden’s $3.5 trillion spending agenda, which Republicans have strongly opposed.
Notably, Democratic leaders previously said they could pass the bill through budget reconciliation, which would allow them to approve the measure with 50 votes and no Republican support.
Such a move would require all 50 Senators, but intraparty disputes remain over objections brought by Joe Manchin (D-W.V.) and Kyrsten Sinema (D-Az.), who have been stalling the process for months.
Although disagreements over reconciliation are ongoing among Democrats, McConnell has insisted the party use the obscure procedural process to raise the debt limit. Democrats, however, have balked at the idea, arguing that tying the debt ceiling to reconciliation would set a dangerous precedent.
Despite Republican efforts to connect the limit to Biden’s economic agenda, raising the ceiling is not the same as adopting new spending. Rather, the limit is increased to pay off spending that has already been authorized by previous sessions of Congress and past administrations.
In fact, much of the current debt stems from policies passed by Republicans during the Trump administration, including the 2017 tax overhaul.
As a result, while Democrats have signaled they may make concessions to Manchin and Sinema, they strongly believe that Republicans must join them to increase the debt ceiling to fund projects their party supported.
It is currently unclear when or how the ongoing stalemate will be resolved, or how either party will overcome their fervent objections.
See what others are saying: (The New York Times) (NPR) (The Washington Post)
California Makes Universal Voting by Mail Permanent
California is now the eighth state to make universal mail-in ballots permanent after it temporarily adopted the policy for elections held amid the COVID-19 pandemic.
CA Approves Universal Voting by Mail
California Gov. Gavin Newsom (D) signed a bill Monday requiring every registered voter in the state to be mailed a ballot at least 29 days before an election, whether they request it or not.
Assembly Bill 37 makes permanent a practice that was temporarily adopted for elections during the COVID-19 pandemic. The law, which officially takes effect in January, also extends the time mail ballots have to arrive at elections offices from three days to seven days after an election. Voters can still choose to cast their vote in person if they prefer.
Supporters of the policy have cheered the move, arguing that proactively sending ballots to registered voters increases turnout.
“Data shows that sending everyone a ballot in the mail provides voters access. And when voters get ballots in the mail, they vote,” the bill’s author, Assemblyman Marc Berman (D-Palo Alto), said during a Senate committee hearing in July.
Meanwhile opponents — mostly Republicans — have long cast doubts about the safety of mail-in voting, despite a lack of evidence to support their claims that it leads to widespread voter fraud. That strategy, however, has also faced notable pushback from some that a lot of Republicans who say it can actually hurt GOP turnout.
Others May Follow
The new legislation probably isn’t too surprising for California, where over 50% of votes cast in general elections have been through mail ballots since 2012, according to The Sacramento Bee. Now, many believe California will be followed by similar legislation from Democrats across the country as more Republican leaders move forward with elections bills that significantly limit voting access.
Newsome signed 10 other measures Monday changing election and campaign procedures, including a bill that would require anyone advocating for or against a candidate to stand farther away from a polling place. Another bill increases penalties for candidates who use campaign funds for personal expenses while a third measure increases reporting requirements for limited liability corporations that engage in campaign activity.
“As states across our country continue to enact undemocratic voter suppression laws, California is increasing voter access, expanding voting options and bolstering elections integrity and transparency,” Newsom said in a statement.
“Last year we took unprecedented steps to ensure all voters had the opportunity to cast a ballot during the pandemic and today we are making those measures permanent after record-breaking participation in the 2020 presidential election.”
The news regarding California came just in time for National Voter Registration day today, giving Americans another reminder to make sure they’re registered in their states. For more information on how to register, visit Vote.gov or any of the other resources linked below.