Prepare to be disappointed.
That should be Democrats’ mindset heading into Robert Mueller’s appearance this week before two House committees. The greater the anticipation of the testimony, the more the letdown is apt to be.
That is because the special counsel simply is not going to give them what they crave.
Democrats want Mueller to say he would have charged President Trump with obstruction of justice were it not for Justice Department guidance instructing that a sitting president may not be indicted. Mueller cannot say that without contradicting his report and his statements at a late May press conference.
He is not going to do that.
Mueller abdicated on the obstruction question. Mind you, at the time he took over the Russia-gate investigation on May 17, 2017, there were already strong indications that there was no cyber-espionage conspiracy between the Trump campaign and the Kremlin to interfere in the 2016 election. In essence, what he assumed was more an obstruction than a collusion investigation. Indeed, just days earlier, according to former FBI deputy director Andrew McCabe, the FBI had opened an obstruction investigation against the president based on the May 9 firing of the Bureau’s then-director, James Comey.
I never believed a special counsel was legally or factually warranted. But if we assume for argument’s sake that a special counsel was necessary, then the single central issue he was needed to resolve was: Is there a prosecutable obstruction case against the president?
Yet, after putting the country through a nearly two-year probe, Mueller declined to answer that question. The Democrats’ devout wishes notwithstanding, he cannot answer it now because of how he avoided answering it four months ago when he submitted his report.
To be sure, Mueller’s tortuous explanation is as risible as it is tough to follow. more here