Monday, April 15, 2019

How to read the Mueller report

 I know, you thought you already did. But that was just the attorney general's Reader's Digest version as annotated by the president and his gerbils. The real thing, according to Attorney General Barr, is scheduled for release during Holy Week, which is now.
 So far, the media have made a perfect mess of the report, and that's without seeing it or even getting  credible leak. Think of what they will do with 400 pages and less than an hour to go live. (The whole frame shudders.)
 Before reading or watching, I recommend you take in the antidote provided by the Web site Lawfare. The article makes several points, all of them pertinent to the mush that will accompany the release of the report. Just one tantalizing example:


Sixth and relatedly, keep in mind that the decision not to prosecute someone based on the factual record does not end the analysis of that record. It just ends the prosecutorial analysis. Mueller’s job as a prosecutor was to investigate and reach decisions about whether or not to bring cases based on that evidence (which is exactly why his apparent decision to hold back on reaching a conclusion as to evidence of obstruction has caused many former prosecutors to scratch their heads). But indictability is not the only legitimate standard of evaluation. It may be perfectly appropriate for Mueller to decline a case and yet for observers to conclude that the conduct at issue merits the opprobrium of all decent people. Congress and the public have a different set of responsibilities. With the evidence Mueller has obtained on the table, it will now be for Congress to decide whether and how the report suggests new avenues for oversight or legislation or even if it merits the beginning of impeachment proceedings. It will also be for the public to determine whether the conduct described on the part of the president and those around him is befitting of the office of the president. These are not prosecutorial judgments, and the declination of prosecutions does not answer them.
I highly recommend the article.

2 comments:

  1. Thanks for linking the article, Tom. Good thoughts to keep in mind when parsing the "mush that will accompany the release of the report".

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  2. The President of the United States, the Commander in Chief, already decided for us that he's exonerated. Should be good enough for the rest of us, eh wot? [Pulling topper down over my eyes a la Andy Capp, although I don't think he ever actually said, "eh wot" ...]

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