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Key Takeaways From Mueller’s Congressional Testimonies

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  • 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)

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Judges Uphold North Carolina’s Congressional Map in Major GOP Win

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The judges agreed that the congressional map was “a result of intentional, pro-Republican partisan redistricting” but said they did not have the power to intervene in legislative matters.


New Maps Upheld

A three-judge panel in North Carolina upheld the state’s new congressional and legislative maps on Tuesday, deciding it did not have the power to respond to arguments that Republicans had illegally gerrymandered it to benefit them.

Voting rights groups and Democrats sued over the new maps, which were drawn by the state’s Republican legislature following the 2020 census.

The maps left Democrats with just three of North Carolina’s 14 congressional seats in a battleground state that is more evenly split between Republicans and Democrats. Previously, Democrats held five of the 13 districts the state had before the last census, during which North Carolina was allocated an additional seat.

The challengers argued that the blatantly partisan maps had been drawn in a way that went against longstanding rules, violated the state’s Constitution, and intentionally disenfranchised Black voters.

In their unanimous ruling, the panel — composed of one Democrat and two Republicans — agreed that both the legislative and congressional maps were “a result of intentional, pro-Republican partisan redistricting.”

The judges added that they had “disdain for having to deal with issues that potentially lead to results incompatible with democratic principles and subject our state to ridicule.”

Despite their beliefs, the panel said they did not have a legal basis for intervening in political matters and constraining the legislature. They additionally ruled that the challengers did not prove their claims that the maps were discriminatory based on race.

Notably, the judges also stated that partisan gerrymandering does not actually violate the state’s Constitution. 

The Path Ahead

While the decision marks a setback to the plaintiffs, the groups have already said they will appeal the decision to the North Carolina Supreme Court.

The state’s highest court has a slim Democratic majority and has already signaled they may be open to tossing the map.

There are also past precedents for voting maps to be thrown out in North Carolina. The state has an extensive history of legal battles over gerrymandering, and Republican leaders have been forced to redraw maps twice in recent years.

A forthcoming decision is highly anticipated, as North Carolina’s congressional map could play a major role in the control of the House in the 2022 midterm elections if they are as close as expected. 

See what others are saying: (Politico) (The New York Times) (The Wall Street Journal)

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Biden Administration Says Private Insurers Will Have to Cover 8 At-Home Tests a Month

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The policy will apply to all the nearly 150 million Americans who have private insurance.


New At-Home Testing Policy

The Biden administration announced Monday that private health insurers will now be required to pay for up to eight at-home rapid tests per plan member each month.

Under the new policy, starting Saturday, private insurance holders will be able to purchase any at-home test approved by the FDA at a pharmacy or online. They will either not be asked to pay any upfront costs or be reimbursed for their purchase through their provider.

The move is expected to significantly expand access to rapid tests that other countries have been distributing to their citizens free of charge for months. 

According to reports, nearly 150 million Americans — about 45% of the population — have private insurance. 

Each dependent enrolled on the primary insurance holder’s account is counted as a member. That means a family of four enrolled on a single plan would be eligible for 32 free at-home rapid tests a month.

Potential Exemptions

All tests may not be fully covered depending on where they are purchased. 

In order to help offset costs, the Biden administration is incentivizing insurance providers to establish a network of “preferred” pharmacies and stores where people in the plan can get tests without paying out of pocket.

As a result, health plans that do create those networks will only be required to reimburse up to $12 per test if they are purchased out of that network, meaning people could be on the hook for the rest of the cost.

If an insurer does not set up a preferred network, they will have to cover all at-home tests in full regardless of the place of purchase.

During a briefing Monday, Press Secretary Jen Psaki said tests should be “out the door in the coming weeks.”

“The contracts [for testing companies] are structured in a way to require that significant amounts are delivered on an aggressive timeline, the first of which should be arriving early next week,” she added.

See what others are saying: (The New York Times) (NPR) (The Washington Post)

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Biden Administration Unveils Plan To Replace All Lead Pipes

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The effort builds on the $15 billion allocated under the bipartisan infrastructure bill for lead pipe replacement, but industry leaders say $60 billion will be needed for nationwide revitalization.


White House Outlines Actions on Lead Pipes and Paint

The Biden administration rolled out a sweeping plan on Thursday to remove all the nation’s lead pipes over the next decade and take other steps to prevent lead paint contamination.

Lead, which was commonly used in piping for municipal water systems all over the country until it was banned in 1978, is a dangerous neurotoxin that can cause serious nervous system damage, especially in children.

Contamination from lead pipes seeping into water supplies has caused multiple high-profile public health and environmental catastrophes over the last decade, including the notorious crisis in Flint, Michigan.

According to a White House factsheet, an estimated 10 million households are connected to water through lead pipes. Children and teenagers in 400,000 schools and child care facilities also risk exposure to lead-contaminated water.

“Because of inequitable infrastructure development and disinvestment, low-income communities and communities of color are disproportionately exposed to these risks,” the factsheet stated.

To address those disparities and revitalize water systems across the nation, the White House outlined 15 new action items the Biden administration is taking, including:

  • Launching “a new regulatory process to protect communities from lead in drinking water” through the Environmental Protection Agency (EPA).
  • Clarifying that state, local, and Tribal governments can use the $350 billion aid allocated under the American Rescue Plan to replace lead service lines.
  • Establishing federally-operated regional technical assistance hubs “to fast track lead service line removal projects in partnership with labor unions and local water agencies.”
  • Awarding federal grants through the Department of Housing and Urban Development (HUD) to remove lead paint in low-income communities.
  • Directing the Centers for Disease Control and Prevention (CDC) to expand childhood lead testing.
  • Establishing “a new Cabinet Level Partnership for Lead Remediation in Schools and Child Care Centers.”

The White House also said it will direct the EPA to allocate $3 billion for state, local, and Tribal governments to replace lead pipes through funding that was approved under the bipartisan infrastructure bill signed by President Joe Biden last month.

A Matter of Funding

In total, Congress provided $15 billion to revitalize the nation’s lead-pipe systems under the infrastructure bill. 

However, industry experts have estimated that it will cost $60 billion to entirely overhaul all the remaining lead pipes in the U.S.

As a result, the Biden administration has proposed several additional funding mechanisms in the social safety net package, known as the Build Back Better Act, that is currently being negotiated by Congress.

Specifically, the legislation would set aside $9 billion for lead remediation grants to disadvantaged communities, $1 billion for rural water utilities to remove lead pipes, and $5 billion for mitigation efforts such as removing lead-based water fixtures in low-income households.

The Build Back Better Act would additionally provide $65 billion for public housing agencies and $5 billion for other federally-assisted housing organizations to improve housing quality, including by replacing lead pipes and service lines.

The status of that legislation, as well as what provisions will remain in the final version, remain in limbo. While Democratic leadership has pushed to pass the sweeping social bill before the new year, all 50 of the party’s members in the Senate will need to sign on, and moderate Sen. Joe Manchin (D-W.V.) has continued to withhold his support.

See what others are saying: (The New York Times) (Axios) (The Washington Post)

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