DOJ tells Mueller to limit testimony to his report, sources say

[Yo_Mama_Been_Loggin]

Source: Politico

In extensive discussions since the former special counsel was subpoenaed to testify on June 25, department officials have emphasized that they consider any evidence he gathered throughout the course of his investigation to be “presumptively privileged” and shielded from public disclosure.

The Justice Department is “taking the position that anything outside the written pages of the report are things about which presidential privilege hasn’t been waived,” the former U.S. official said.

The White House and the Justice Department, meanwhile, have signaled they don’t intend to place lawyers in the room during Mueller’s highly-anticipated testimony before the House Judiciary and Intelligence committees on Wednesday.

Without a presence at the hearing, administration officials would have little recourse to prevent Mueller from going off-script and revealing details of his investigation that the White House considers off-limits. They are poised instead to rely on Mueller to self-police his remarks, indicating that they are confident the former special counsel will stick to carefully planned comments that mirror the public results of his investigation.

Read more: https://www.msn.com/en-us/news/politics/doj-tells-mueller-to-limit-testimony-to-his-report-sources-say/ar-AAEHJks?li=BBnb7Kz

---

Can they do that? I assume he's no longer employed by the Justice Department.

[ProudMNDemocrat]

1. Mueller said his report was his testimony.....

Interviewing any of the top players like Hope Hicks and Don McGahn, Executive Privilege was waived.

It will be the Republicans who go bat shit crazy.

[groundloop]

4. But didn't Hicks and McGahn claim privilege on most topics?

Hell, I remember hearing that Hicks wouldn't even say where her office was located.

[demosincebirth]

2. He's a civie, now

[Calista241]

5. Doesn't matter. The report is work product of the DOJ.

And he was a prosecutor at the time.

We should’ve impeached months ago when Cohen plead guilty.

[demosincebirth]

18. You know what they say about hindsight.

[watoos]

19. Mueller can ignore the letter,

Besides, the assistant AG who wrote the letter wrote another previous letter that stated he would not get involved with the special prosecutor.

[FBaggins]

51. He obviously doesn't think so

Besides, the assistant AG who wrote the letter wrote another previous letter that stated he would not get involved with the special prosecutor

And this isn't oversight of the SP. It's answering a question on DOJ policy from a retired prosecutor.

[Jake Stern]

3. Once we take back the Senate and WH

Put strict limits on executive privilege.

[Igel]

7. Might could.

But Holden was also covered by executive privilege, was subpoenaed, and refused to cough up what he was ordered to hand over.

That particular legal case was resolved only when the (D) took over the House and said, "Whatever." It wasn't in their best interests, Pelosi figured, to continue to prosecute Obama's AG to get him to reveal information Obama said was confidential.

Change the rules for one side, you change them for the other.

[erronis]

22. Thank you for the reality check. Or, for the US gov't, the surreal check. /nt

[Rebl2]

11. I would

hope that would happen, but Democratic Presidents used it too, so I doubt that will happen.

[emmaverybo]

15. His work represented DOJ. The Mueller probe was in fact a DOJ investigation, not Mueller's. NT

[True Blue American]

30. Especially get rif

Of that rule that a President can not be indicted. No attorney worth his salt would make a rule like that!

Reminds me of the Church I used to attend. A former Pastor had slipped in a paragraph of the contract that a Pastor could not be fired. Hateful, full of his right wing message, showing signs of dementia and ill health they lost half the Congregation before he finally left. A young Pastor, new contract increased the Congregation by half in just a year or two. Too late for me.

[Nuggets]

6. Mueller already stated he would

limit testimony to his report. How is this news?

Maybe this is simply an attempt to cover Mueller so he can evade accountability?
... and then we can all hear over and over again on DU how totally innocent Mueller is and how he is the straightest arrow that ever existed on the planet.

[Igel]

10. Makes official and explicit what was otherwise was just arguably Mueller's word.

But the terms of the special counsel appointment and regs say, "Dig and rummage, and then write a report that goes to the AG. Everything is confidential."

Until the AG made some public, as the rules say he can, but only within limits imposed by sources when the information was provided to the SC. Confidentiality for those not charged (SOP), GJ testimony, other confidential info.

So the original rules would still apply, strict confidentiality, except for what's been made public. I figure the DOJ's saying this just in case Mueller was a bit vague on the idea and needed reminding, in case he knew the rules but didn't want to have to run the gauntlet and be accused of not being forthcoming and when would get upset when he limited what he said to just what was released.

[LiberalLovinLug]

20. It may have been Mueller that requested the edict from the DOJ

To cover his noncooperation. He now has more than a " I said I wouldn't comment on...." Now he can say the DOJ ordered him to remain silent. He can go to bed at night content in the knowledge that his party, and Ronnie's 11th commandment haven't been broken.

[smooth64]

28. While h means the Democrats leadership

Continues to bundle this up

[ehrnst]

39. "continues to bundle this up?"

[True Blue American]

31. Barr is responsible for that letter.

The same Assistant AG once wrote a letter saying he would not interfere with the Special Prosecutor. Barr is squirming, afraid Mueller will expose him.

I hope they ask Mueller point blank if Barr cut the investigation short. I doubt he would lie.

We can bet Gym and Matt will be their usual BH selves.

[Nuggets]

47. That is not correct.

Democrats would still very much like to see Mueller speak before their committees. But the special counsel threw some cold water on that hope today, and added that the decision of whether to testify was entirely his. Here are Mueller’s full remarks on the question of whether or not he would testify:

Snip >

Now I hope and expect this to be the only time that I will speak to you in this manner. I am making that decision myself. No one has told me whether I can or should testify or speak further about this matter.

There has been discussion about an appearance before Congress. Any testimony from this office would not go beyond our report. It contains our findings and analysis and the reasons for the decisions we made. We chose those words carefully and the work speaks for itself. And the report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress.

In addition, access to our underlying work product is being decided in a process that does not involve our office. So beyond what I have said here today, and what is contained in our written work, I do not believe it is appropriate for me to speak further about the investigation or to comment on the actions of the Justice Department or Congress.


https://www.vox.com/2019/5/29/18644236/robert-mueller-testify-before-congress

[True Blue American]

48. What does that have to do with the letter?

[bucolic_frolic]

8. I think he bridles at interference

I doubt Mueller will go off script on tangents that could be magnified out of proportion. I expect more of a focus on the coverup of his report, and how it's been misconstrued. I also expect him to vigorously defend himself and his report with whatever mud Republicans throw at him.

A great patriot who has served his country for decades, his whole life really, does not deserve this treatment. He will stick to "strictly by the book".

[True Blue American]

32. 100%!

[Progressive Jones]

9. Fuck the DOJ! Fuck William Barr! Fuck Trump! What's Mueller going to do, take the 5th? nt

[LiberalFighter]

12. How can they claim presidential privilege?

Mueller should be able to explain the thought process behind any decisions they made.

[ancianita]

13. What can the DOJ do to him, both knowing unredacted and all other evidence WILL come out.

Blocking, lying, denying, hiding, stalling, restricting and refusing testimony, are the hallmarks of corruption.

Sally Yates ignored the DOJ.

Mueller should do it, too.

[maxsolomon]

41. when will the unredacted report come out?

after Trump's out of office?

[ancianita]

42. No idea. But the truth always comes out, impeachment inquiry or not. If it's within the statute

of limitations, Trump's toast.

[maxsolomon]

45. define toast

he pleads to a fine sometime around his 80th birthday?

sorry, i'm too cynical to believe he will face real consequences at this point.

[ancianita]

46. Toast is just an expression. But it's possible that he might not outrun the statute of limitations.

His days of weaseling out of his crimes might actually be numbered. With arrest, indictment, trial and jail. No one is too old to get off for high crimes and misdemeanors.

That said, I hear you.

I sometimes feel the way you do.

[maxsolomon]

49. I've never seen any white billionaire (save those running Ponzi schemes) pay with jail.

Martha Stewart, sure. Women have to pay.

But a former President isn't going to jail. It's "too divisive".

[ancianita]

50. "Divisive" is defined by whom it benefits. "It's too divisive" should never be the last word.

Sure, parties need clear division, as in broad political boundaries. The Republicans, the rich and their war on the rest of us, have created clearer party divisions.

"It's too divisive" is the excuse for inaction during every presidency. But the word "unity" is heard even less in any presidency.

I think that no matter what the House does going forward, the record -- of this presidency's corruption, 200+ contacts with Russians, and proven obstruction -- will demand that Congress and The People take a stand.

If they do, when they do, we'll see what this country really is in the next sixteen months.

Perhaps we're not supposed to talk about the fragmentation of the body politic, government, or who's promoting it and who ultimately benefits, since not enough people seem to be suffering enough to focus on unity.

Perhaps this will be a slow roll transformation away from democracy toward corporatocracy -- something that a lot of people have already expressed justified helplessness to stop, evidenced by findings of the 2014 Princeton/Northwestern Study.

We've got the next sixteen months to find out.

[Golden Raisin]

14. It will be up to Committee Democrats

to carefully craft their questions very thoughtfully in order to get Mueller to elucidate, expound and open up beyond the parameters of what's already in the report. He is, after all, a Republican. I'm pretty sure the Committee Republicans will all be ranting and foaming at the mouth about Hillary, Bill, the Deep State, Barack, the FBI, Strzok & Page and the inviolability of Presidential power.

[LiberalFighter]

16. I would love for Mueller to give the DOJ a threat.

Such as precautions were taken to safely secure copies of the full report to prevent Barr and Trump from trying to destroy it.

[True Blue American]

33. I have no doubt

Mueller did just that. He is much smarter than Barr,even on his worst days, if he has any.

Barr is a very self indulgent man. That is clear by looking at him. Fat to the point of severe obesity, swollen face.

[DallasNE]

17. Could Be Interesting

DOJ is saying he can't say anything not written in his 440 page summary, minus redactions. That means should someone press him for supporting detail on a certain event that he would have to decline. Without that detail his testimony would be pretty much worthless.

But what makes it interesting is that Mueller knows the law and a blanket privilege does not cover illegal activities so Mueller has a way around it if he so chooses. And just because Mueller didn't find criminal conspiracy because he didn't feel he could prove intent beyond a reasonable doubt doesn't mean that there wasn't an impeachable conspiracy where the bar is lower. Mueller could clear up most all of this - but will he. And has Trump's mouth hurt the cause - how will that play out.

[DeminPennswoods]

21. Matt Miller was on with Maddow

just now. He said Mueller asked for a letter from DoJ.

However, Mueller never planned to go beyond the report and, tbh, if he just gets out the facts in his own voice, that will move the needle on impeachment.

[BigmanPigman]

25. I saw that too.

Do you think he will be a GOP tool or a true American citizen? I think he will be a GOP fuckface personally.

Even if Mueller just sits there and reads the damn thing at least a few more people will get the point and conclusion that the Racist Rapist is guilty as sin.

[DeminPennswoods]

36. I think Mueller truly does not want to testify

IIRC, there was a NYT story just a day or so ago about Mueller saying this will be the 89th time he's testified before Congress. It also reported that over those appearances, Mueller got disgusted with all the partisan grand-standing.

Mueller's 72. He strikes me as the quintessential company man of his generation. Someone who is straight-laced, follows the rules, prim and proper, who will gather the facts and present them, but only argue within the context of the organization and be respectful of his place within it. This is the kind of person who can drive younger, more feisty underlings nuts.

This is Mueller's personality and I believe Barr has used Mueller's rectitude against him. He knew Mueller wasn't going to go public with any criticism. My guess is Barr was quite surprised when the letters Mueller wrote went public althought I doubt they were leaked from Mueller.

I don't believe Mueller is a GOP tool or anything like that. He's just a guy who did his assisgnment to the best of his ability, laid out the facts and has nothing he wants to add.

[BigmanPigman]

40. I hope the Dems ask just yes/no questions while the GOP just

grandstands. As you said, he wouldn't like that. I would ask, "Since tRump is guilty of committing crimes do you think the Congress should start impeachment now?". Chuck Rosenberg said something similar to Nicole Wallace today.

[DeminPennswoods]

44. Regardless of how you feel about him,

Comey had some great suggested questions and solid reasoning behind asking them on with Nicolle Wallace today.

[not_the_one]

23. I'm beginning to have a sick feeling about this. I will gladly eat my words if .....

I hope I'm wrong, but Mueller has already failed on many levels.

When AG Barr stated the Mueller COULD HAVE made a determination, when Mueller was (allegedly) operating on the assumption that he COULDN'T, he should have said, OK- I believe these determinations should have been made.

But he didn't.

[True Blue American]

34. Barr lied!

[BigmanPigman]

24. Rachel Maddow had Matthew Miller (former DOJ spokesman)

on her show tonight when she covered this. She and her guests said that Sally Yates and another top official testified and ignore this DOJ nonsense and that Mueller could do the same IF HE WANTED TO! So will he be a GOP tool or an American?!?!?

[SHRED]

26. I'm going with "GOP tool" as my baseline

I refuse to get my hopes up.

[BigmanPigman]

27. I responded to another post on this thread

and wrote, "I think he will be a GOP fuckface personally". I agree with you.

[True Blue American]

35. I will wait and see.

I saw a clip of Jordan ranting at Mueller, refusing to allow him to answer until the Chairman stepped in. The disgust on Mueller’s face was plain. He simply asked if he could answer the question. Jordan sounded like a rude school boy. I am sure Mueller is prepared for Jordan, Gaetz and Meadows. Also Collins, who is another.

[ancianita]

43. I think he's torn between being a military man, respecting authority, and being a civilian, FBI man

who is compelled to testify in a way that protects and defends the Constitution.

He can't show himself to be both, and be seen as strong in the face of Trump/Barr manipulations of public beliefs about who/what secures or endangers their freedoms.

His voice and presence will validate the Democrats' goals and process in all of this, and move the needle in their direction, I guess, but most people won't feel compelled to have Trump removed before 2020.

[beachbum bob]

37. Mueller can refuse to answer I am sure as this hearing has little power to begin with,

IF mueller WANTS to answer, what can DOJ do? Arrest him in the hearing?


This is another dare on Pelosi that she has no power by the trump admin. When will she figure it out?

[Firestorm49]

38. To recap;

1 Mueller requested a subpoena before he would testify. As a citizen, without a subpoena, he would be allowed to answer questions asked of him. Having requested the subpoena from DOJ made him bound by the terms of DOJ’s guidelines. Mueller is still a Republican and adheres to Republican ideology.

2 Mueller stated in his first and only presser to date that his “carefully chosen words are his testimony”. I highly doubt that he will reveal anything more than what we have already read.

3 The DOJ directive sent to Mueller was signed and authorized by the 14th person down the line in leadership at DOJ (thank you Rachel). He did not have the authority to intervene in this case in any way, shape or form, by directive of DOJ itself.

At best, the hearing will be another example in acrimony between the two parties. Nothing astounding will be revealed. If we want to get to the crux of this mess, we need to be allowed to see the un-redact the report, less national security concerns and the “protection” of the innocent.