Government

Mueller’s Obstruction Conundrum: The Choice Not To Prosecute Trump

What could be lurking within the Mueller report that 'does not exonerate' the president?

It’s never taken me 400 pages to say nothing happened. I imagine something happened, and that something, particularly with respect to obstruction, was quite serious. I can imagine Mueller not making a recommendation, because a recommendation to prosecute someone you can’t prosecute is equally burdensome and equally stigmatizing. I don’t believe for a minute, if Mueller had facts that exonerated the president on obstruction, he would have hesitated to say so. I imagine the facts … [may] weigh heavily in favor of a prosecution — but for the fact that you can’t charge a sitting president.

— Former federal prosecutor Chuck Rosenberg, who served as chief of staff to FBI Director James Comey from 2013 to 2015 and acting head of the DEA until September 2017, offering his thoughts on special counsel Robert Mueller’s report on the Russia probe during an episode of MSNBC’s “Deadline: White House.” If you recall, according to Attorney General William Barr’s summary, Mueller set out “evidence on both sides of the question” and stated that “while this report does not conclude the president committed a crime, it also does not exonerate him.”


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.