The key role of the Special Counsel is to ensure the investigatory scope of the assignment is met.
In the case of Robert Mueller, he understood his role was to determine if the Russian’s colluded in the 2016 election, along with (any) related matters.
This assignment was given to Mueller by Acting Attorney General, Rod Rosenstein, and was welcomed by Congress. William Barr, a proven professional, was appointed Attorney General shortly prior to the Mueller report being submitted for review. Mueller was now directly answerable to Barr.
Mueller failed to keep in mind once his report is delivered to Barr, the completed report is over. As Barr stated, “it’s my baby”.
Barr made it known to Mueller and Congress without hesitation the findings of the Mueller report is Barr’s responsibility to review in order to come to a final determination whether or not anything further needs to be done based on the findings.
This is Barr’s role by means of chain of command and the policies and procedures of the Department of Justice. During Barr’s hearing before Congress he made it clear that Mueller worked for the Department of Justice, under him, not Congress.
Our government is divided into three separate but equal branches of government: Legislative, Executive, and Judicial.
Mueller worked for Barr.
Mueller was investigating possible criminal conduct under the Executive branch of government.
Once Barr made his formal conclusion about the findings of the report then and only then, Congress had the power of oversight. Barr acknowledged the oversight and planned to meet with both the House and the Senate.
Congress has the right and authority to oversee the integrity of the process. Congress does not have the right to change the ruling of the Attorney General if Congress has a difference of opinion.
When Barr was interviewed before the House Committee he was asked if he had an issue with Robert Mueller being called to testify. Barr indicated he did not.
Although Barr welcomed Mueller to testify, Mueller has no interest in testifying. Rather standing by his report, Mueller has indicated he wishes to walk away without answering any further questions. Mueller indicated his report is his testimony.
Throughout the Mueller investigation, President Trump called the investigation a Witch Hunt. Trump was emphatic the Mueller investigation is a hoax and a waste of time and money.
Barr had to remind Congress that President Trump was proven to be right. The Mueller report clears Trump, his campaign, family, and staff of any wrongdoing involving collusion.
During the Mueller investigation, ten “matters” were documented and investigated by the Mueller team to determine if President Trump used his position to obstruct the investigation. This was a very important part of the Mueller investigation.
It must be remembered Mueller determined collusion with the Russian’s did not occur. When Mueller submitted his report, he indicated his investigation was conducted without interference. Yet, ten matters involving Trump remained open for possible obstruction although Mueller indicated his investigation was not subject to interference.
Due to Mueller indicating his investigation was not subject to interference, how can it be possible Trump obstructed justice? The Mueller team was unable to find one incident where Trump obstructed justice.
The requirement of probable cause for arrest for a crime by Trump could not be established. The reason for this is Mueller had to work within the rule of law.
In order to establish probable cause, investigators need to prove a crime was committed, and that the crime in question was committed by a particular person.
Probable cause can only be established by the totality of the facts and circumstances in place which would result in a person of ordinary intelligence to believe that a crime was committed by a particular person or persons.
The Mueller team was unable to establish probable cause to charge Trump with a crime because it was without probable cause. It appears the matters left open on the Mueller Report was an attempt to circumvent Barr’s authority and enable Congress, this nation, and the world to read about matters which should have been closed due to insufficient evidence.
The reason I say this is because upon review the matters left open were closed by Barr. Each was found to be without merit. Once again, Mueller forgot after the report was submitted, its Barr’s baby. Mueller himself is now under scrutiny.
A finding of criminal conduct on the part of the President is the means Mueller could have provided Congress its right to implement a legitimate Impeachment process pursuant to the Constitution.
If Mueller had reported to Barr a crime was committed by Trump, Barr would be duty bound to notify Congress.
If that occurred, Congress could have initiated an Impeachment, proceeding based on one or more high crimes or misdemeanors committed by Trump.
A person is innocent until proven guilty. Mueller abandoned this principle and tried to go around Barr, by leaving unproved allegations, pertaining to Trump in the Mueller report. It didn’t work. As stated previously, Barr demonstrated the report … truly is his baby.
Mueller’s failure to meet his responsibilities required Barr to step-in to clean up the mess created. Upon review of the matters left open it was announced by Barr no grounds existed to support a charge of obstruction of the cases left unaddressed by Mueller.
The final determination is no Russian collusion or obstruction.
Recently, Robert Mueller called a press conference to announce he was stepping down as the Special Counsel. Upon making that announcement, Mueller as a private citizen tried to challenge Barr.
Mueller indicated his report should go to Congress. Mueller is mistaken.
Mueller never charged Trump with the commission of a high crime or misdemeanor. This must be proven before the matter can be referred to Congress.
The Congress does not conduct criminal investigations.
Therefore, when Bill Barr stated… it’s my baby, he gave fair warning to the Mueller team, prior to the report being submitted. Barr expected a full report addressing all issues that would stand on its face, pursuant to the finding of the facts. Unfortunately, an incomplete report was submitted.
The ten matters intentionally left open by Mueller, although lacking probable cause were addressed by the Department of Justice.
The finding: The criminal investigation is closed.