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A2 UP FRONT
Tuesday 26 June 2018

Looming question for Mueller probe: How much to make public?

By ERIC TUCKER Comey of breaking from
Associated Press protocol. Comey’s suc-
WASHINGTON (AP) — cessor, Christopher Wray,
America has waited a further rebuked Comey at
year to hear what special a congressional hearing
counsel Robert Mueller last week, saying, “I think
concludes about the 2016 the policies the depart-
election, meddling by the ment has governing com-
Russians and — most of all menting publicly about
— what Donald Trump did uncharged conduct are
or didn’t do. But how much there for good reason.”
the nation will learn about Solomon Wisenberg, the
Mueller’s findings is very deputy independent coun-
much an open question. sel in the 1990s investiga-
Deputy Attorney General tion involving President Bill
Rod Rosenstein may end Clinton, said he struggled
up wrestling with a dilem- to envision Rosenstein mak-
ma similar to the one that ing public the extent of
tripped up fired FBI director Mueller’s findings if there’s
James Comey: how much no indictment “because
to reveal about Trump’s it would be completely in-
actions absent an indict- consistent with the criticism
ment against the president. of Comey — and it wouldn’t
Rosenstein, who lambasted be right. It wouldn’t be the
Comey for disclosing de- In this June 21, 2017, file photo, special counsel Robert Mueller departs after a meeting on right thing to do.”
rogatory information about Capitol Hill in Washington. “I don’t think there’s a prob-
Hillary Clinton despite not Associated Press lem to the extent the report
recommending her for parts are provided to Con- could seek a grand jury consideration. would be less focused on
prosecution, may himself gress and the public,” said indictment, though that The easiest avenue for what Trump did wrong in
have to balance the ex- Georgetown law professor outcome is seen as highly public disclosure in criminal the past and is focused on
traordinary public interest Marty Lederman, a former questionable given a Jus- investigations is an indict- his ability or willingness to
in the investigation against official in the Justice De- tice Department legal ment in which prosecutors deal with the Russia threat
his admonition that inves- partment’s Office of Legal opinion against charging lay out their allegations. But in the future,” he said. As
tigators should not discuss Counsel. “There’s just no a sitting president. Trump’s options are trickier when the investigation inches to-
allegations against people way for us to know what if lawyers say Mueller’s team cases close without pros- ward resolution, there’s lim-
they don’t prosecute. any parts of those reports has indicated that it plans ecution. ited reliable precedent to
The quandary underscores can be made public or to follow that guidance. In Clinton’s case, Comey predict the outcome. Inde-
how there’s no easy or obvi- should be made public or The regulations mandate held an extraordinary news pendent counsel Ken Starr
ous end game for the inves- will be made public.” The that Mueller report his conference in which he issued a public report on
tigation, which last month investigation has hit a criti- findings confidentially to said Clinton did indeed mis- Bill Clinton, but his appoint-
reached its one-year an- cal phase. A forthcoming Rosenstein, who would handle classified informa- ment was under a different
niversary. Though Mueller is decision by Trump and his then decide how and what tion on her private email law.
expected to report his find- lawyers on whether to sit for to share with Congress. server, branding her and A special counsel investi-
ings to Rosenstein, there’s an interview with Mueller, Lawmakers and the pub- her aides as “extremely gation into the 2003 leak
no requirement that those who is examining whether lic would unquestionably careless.” But he conclud- of a CIA officer’s identity
conclusions be made pub- the president sought to ob- demand access to any ed his remarks by recom- resulted in criminal charges
lic. And whatever he de- struct justice, could hasten report, no matter the con- mending against charges, against a Bush administra-
cides will unfold against the conclusion of the inves- clusion; a determination of saying no reasonable pros- tion White House official, I.
the backdrop of a Justice tigation with regard to the wrongdoing would presum- ecutor would bring a case. Lewis “Scooter” Libby,” but
Department watchdog White House. ably be forwarded to Con- That action was con- produced no public report
report that reaffirmed de- What happens next is un- gress for possible impeach- demned last May by Rosen- summarizing all the findings
partment protocol against clear, though Mueller has ment proceedings, while a stein, who said, “We do not of probe. Regardless of
making detailed public been closely conferring finding that no crime was hold press conferences the conclusion, the public
statements about people along the way with Rosen- committed would be trum- to release derogatory in- clamor for a full account-
who aren’t charged. stein, the No. 2 Justice peted by Republicans as formation about the sub- ing may make it impossible
“Those are going to be the Department official who vindication for Trump. ject of a declined criminal for Mueller to wind down
hard questions at the end appointed him special Spokespeople for Mueller investigation.” Inspector his investigation with only
of Mueller’s investigation: counsel. If he decides a and the Justice Depart- General Michael Horowitz minimal comment, said
what is the nature of that crime was committed, it’s ment declined to com- echoed that criticism in a Bill Jeffress, one of Libby’s
report, and which if any theoretically possible he ment on the options under recent report that accused lawyers.q