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Even Without Mueller’s Report, Congress Had All the Facts It Needed

No matter what Attorney General William Barr reveals—or doesn’t—about Special Counsel Robert Mueller’s report, everything Congress needed to know about Donald Trump and Russia was already clear.

October 7, 2016, was the near-death experience of the Trump campaign. That Friday afternoon, David Fahrenthold of The Washington Post reported on an Access Hollywood tape in which Trump boasts of grabbing women. The shock battered the campaign. Speaker of the House Paul Ryan declared publicly that he was “sickened” by Trump, canceled a joint appearance with him, and declined to answer whether he still supported the Trump candidacy.

Less than one hour later, WikiLeaks dumped its largest and most damaging trove of hacked emails to and from Democratic operatives. It included two emails sent years before to the future Hillary Clinton campaign chairman John Podesta. The messages criticized the teachings of the Catholic Church on women and sexuality. The Trump campaign instantly seized on them as proof of the Clinton campaign’s supposed anti-Catholic animus—a useful weapon to help erase memories of Trump’s Twitter attacks on the pope earlier in 2016.

[Ken Starr: Mueller cannot seek an indictment. And he must remain silent.]

Even more lethally, the trove included extracts from Clinton’s lucrative speeches to banking groups. In one of those speeches—sponsored by a Brazilian bank—Clinton expressed her hope for a “hemispheric common market, with open trade and open borders, sometime in the future, with energy that is as green and sustainable as we can get it, powering growth and opportunity for every person in the hemisphere.” In another speech in the trove, Clinton suggested that many politicians hold “both a public and a private position” on contentious issues—implying that public words cannot be trusted.

The huge dump took a while to be analyzed and absorbed. It did not immediately displace the salacious Access Hollywood story from the top of the news.

But by the second week of October, WikiLeaks was profoundly engaging the U.S. voting public. Using the Google Trends tool, the website Five Thirty Eight tracked how public interest in the hacked emails surged. Not coincidentally, it seems, Clinton’s poll lead over Trump peaked on October 17, and steadily shrank thereafter. FBI Director James Comey’s October 28 letter reopening the Clinton email case delivered the final blow to the reeling Clinton campaign.

This timeline is one thing to keep in mind as details emerge from the Mueller report.

[Read: Imagining Trump’s America without Robert Mueller]

It’s not a theory but a matter of historical record that Vladimir Putin’s Russia hacked American emails and used them to help elect Trump to the presidency.

It’s not a theory but a matter of historical record that agents purporting to represent Putin’s Russia approached the Trump campaign to ask whether help would be welcome, to which Donald Trump Jr. replied, “If it’s what you say I love it especially later in the summer.”

It’s not a theory but a matter of historical record that Donald Trump publicly welcomed this help: “I love WikiLeaks!”

It’s solid political science that this help from Russia via WikiLeaks was crucial, possibly decisive, toTrump’s success in the Electoral College in November 2016.

Mueller was asked to investigate how much the Trump campaign knew in advance about this Russian help. Along the way, the special counsel also apparently became interested in the question of why Putin was so eager for a Trump presidency. Did Putin have some kind of prior hold over Trump, financial or otherwise?

For two years, Americans and the world have speculated and argued about the inquiry. But along the way, we have often lost sight of the core truth of the Trump presidency: For all its many dark secrets, there have never been any real mysteries about the Trump-Russia story.

[Read: What Mueller leaves behind]

The president of the United States was helped into his job by clandestine Russian attacks on the American political process. That core truth is surrounded by other disturbing probabilities, such as the likelihood that Putin even now is exerting leverage over Trump in some way.

Along the way, we have also lost sight of something that I warned about here in The Atlantic in May 2017: It’s very possible that Trump himself broke no criminal law in accepting campaign help from Putin. This ultra-legalistic nation expects wrongdoing to take the form of prosecutable crimes—and justice to occur in a courtroom.

But many wrongs are not crimes. And many things that are crimes are not prosecutable for one reason or another—for instance, when a statute of limitations expires.

Mueller served his country by advancing the inquiry into Trump-Russia at a time when Trump’s enablers in Congress sought to cover up for the president. Since the midterm elections, Congress has regained its independence and can recover its integrity. Mueller’s full report will surely inform and enlighten Americans about many details of what exactly happened in 2016. But the lack of further indictments by Mueller underscores that the job of protecting the country against the Russia-compromised Trump presidency belongs to Congress. It always did.

Here come the lawsuits to make the full Mueller report public

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A civil liberties and privacy group filed a lawsuit in federal court Friday demanding special counsel Robert Mueller’s full report from the nearly two-year probe into Russian meddling in the 2016 election.

The Electronic Privacy Information Center’s lawsuit regarding the confidential, long-awaited report, which Muller delivered to Attorney General William Barr Friday evening, could serve as an opening salvo for the bipartisan pile-on that’s surely coming for access to the full report.

While Barr said he’ll make “principal conclusions” public, Democrats have already demanded not only all of Mueller’s findings during the course of his investigation but also the underlying evidence for Mueller’s conclusions. Republicans, too, have asked that the report be released. The furor over whether President Donald Trump colluded with the Russians to sway the election has cast a long shadow over his tenure.

Read: Now the fight for the Mueller report begins.

The center is arguing on the basis of federal information laws that the public has a right to know the “full scope of Russian efforts to disrupt the 2016 election and whether the President of the United States played any role such efforts,” according to the complaint filed in a Washington, D.C., court. Already, the probe has resulted in criminal charges against 34 people. Multiple news outlets have reported the investigation won’t result in any more indictments, but that doesn’t mean that the report doesn’t include serious transgressions.

“The Mueller Report and related Special Counsel records are vital to the public’s understanding of these issues and to the integrity of the political system of the United States,” the organization said in a statement.

Read: Democrats really, really want to see the Mueller report.

The Electronic Privacy Information Center first sought records relating to the investigation from the Department of Justice in November, the organization said, but did not receive a response.

Portions of the report could be delivered to Congress as soon as this weekend, although the Justice Department has reportedly signaled it’s not coming Saturday. The White House said in a tweet Friday that it hasn’t seen the report yet.

Cover: Attorney General William Barr leaves his home in McLean, Va., on Friday, March 22, 2019. (AP Photo/Jose Luis Magana)

Congress won't hear about Mueller's key findings until Sunday at the earliest

WASHINGTON — Attorney General William Barr will take at least another day to review Special Counsel Robert Mueller’s Russia report before he briefs Congress on its main points, a person familiar with the situation told VICE News on Saturday.

The Department of Justice told congressional leaders that “no additional info will be provided today,” the person said.

Anticipation is running high in Washington following the delivery of Mueller’s final report to the attorney general on Friday — a document described by Department of Justice spokesperson Kerri Kupec as “comprehensive,” although she declined to be more specific.

Yet that description suggests Mueller decided not to file a bare-bones report, an outcome legal experts following his work closely said was possible under the special counsel regulations.

Barr has said he may brief Congress on Mueller’s “principal conclusions” as early as this weekend, but he has given no clues yet in public about when that might happen.

READ: Now the fight for the Mueller report begins

The submission of Mueller’s final report marked the formal end of his 22-month investigation into the Trump campaign’s ties to Russia, a probe that resulted in criminal charges against 34 people and three companies.

Mueller’s marching orders require him to submit a “confidential” report to the attorney general explaining his decisions on whether to file charges. The rules also give Barr plenty of leeway to decide how much of those findings to make public.

READ: This is everything we know about the Mueller investigation

Members of Congress from both sides of the aisle called on Barr to make as much of the report public as possible. Democrats threatened legal challenges for the right to review not just the entire report, but also the underlying evidence used to draft it.

“Congress and the American public must see every single word of Special Counsel Robert Mueller’s report,” Rep. Eric Swalwell, a Democrat from California, said in a statement to VICE News. “And we should see it at the same time as President Trump, a subject of the investigation, sees it. Nothing less than the rule of law in our country is on the line.”

Cover image: U.S. Attorney General William Barr departs his home March 23, 2019 in McLean, Virginia. Special Counsel Robert Mueller delivered the report from his investigation into Russian interference in the 2016 presidential election to Barr yesterday and Barr is expected to brief members of Congress on the report this weekend. (Photo by Win McNamee/Getty Images)

Mueller’s last report was for the NFL on domestic violence. This is what we can learn from it.

WASHINGTON — Now that Robert Mueller’s investigation into Russian interference in the 2016 election has concluded, all people can do is wait to see how much of it will end up released publicly. Attorney General William Barr informed the heads of the House and Senate Judiciary Committees that he could deliver the “principal conclusions” from the Mueller report as soon as this weekend.

And while we wait, it’s not a totally crazy idea to take a look at the last report Mueller wrote and released publicly.

That report, released in 2015, was an investigation into Baltimore Ravens running back Ray Rice, who was caught on video beating his fiancé in a casino elevator in February of 2014.

After initial reports of the beating and an internal investigation by the NFL, Rice was suspended for two games and ordered to pay a fine. But months later, after TMZ posted video that showed the brutality of what happened, Rice was fired by the NFL.

READ: Now the fight for the Mueller report begins

The NFL brought in Mueller to find out what the league knew about the beating, and if they’d participated in a coverup.

Mueller was hired to answer two questions: “whether anyone at the League had received or seen the in-elevator video prior to its public release on September 8; and what other evidence was obtained by, provided to, or available to the League in the course of its investigation.”

While none of the details about the Rice situation mirrors the investigation into 2016 election interference, the report Mueller produced for the NFL does provide some insight into how he thinks.

First, the NFL report is very thorough. Mueller details more than 50 interviews his team conducted, the millions of documents they obtained, and the measures they took to figure out if the video had ever been played on an NFL computer.

Take a look at part of the description of how methodically they tried to figure out who from the NFL may have acknowledged receipt of the elevator video before TMZ posted it:

First, we analyzed each of the 1,583 phone calls made from the League’s New York office on April 9. We either called the destination number to verify that the person or organization called was not the source, or we identified the number as belonging to a senior NFL employee, or an owner, coach, or employee of one of the NFL clubs. We also analyzed the League’s phone data in a variety of other ways, looking for noteworthy trends or phone numbers, and found none. Second, we interviewed every female employee or contractor present at the League’s office on April 9.

Second, Mueller stayed within the confines of questions he was hired to answer. This is crucial to what we may see in the Special Counsel’s report. Deputy Attorney General Rod Rosenstein’s assignment to Mueller was to conduct “a full and thorough investigation of the Russian government’s efforts to interfere in the 2016 presidential election.” That was a pretty broad assignment, but over the course of the Russia investigation, Mueller farmed out some of the non-Russia related criminal matters to the Southern District of New York. That could be a signal that the current report will be very focused on election-related conduct.

Third, Mueller didn’t pull any punches in this report despite the fact that the NFL was his client and everybody knew the Rice report would be released publicly. He calls out the NFL for the steps they didn’t take in their internal investigation. For example, he lists that the League never contacted the police officers who responded to the elevator incident and they never interviewed Rice himself during their internal investigation. Mueller points out these glaring omissions.

Mueller’s last report is almost 100-pages long, but it’s incredibly readable, much like the speaking indictments that have come out of the Special Counsel’s office in the last few years. What that points to is that the final election report, if it’s every actually released, will be a document that almost any citizen could read, understand, and form opinions from.

This segment originally aired March 22, 2019, on VICE News Tonight on HBO.

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