MUELLER’S INVESTIGATION RESULTS TO-DATE: 35 INDICTMENTS, 3 GUILTY PLEAS, AND MORE

I’m interrupting my series on a progressive policy agenda for the US, because I think it’s important to document the results of the Mueller investigation into Russian influence in the 2016 election, given that President Trump and his supporters are apparently ramping up their efforts to discredit the investigation. (Much of this post is a summary of an article in the Huffington Post.) [1]

In 15 months of a very complex investigation, Mueller has gotten 35 indictments, 3 guilty pleas, 1 incarceration, and 1 on-going trial. Here are some of the details:

  • The on-going trial is of Paul Manafort, Trump’s former campaign chairman. Although the charges he’s currently being tried on aren’t directly linked to the campaign, they involve work he did for Ukrainians with close ties to Putin and Russia. He also had close ties directly to Russians and attended the Trump Tower meeting with Don Jr., Jared Kushner, and a Kremlin-linked lawyer who supposedly had dirt on Hillary Clinton.
  • Rick Gates, who worked on the Trump campaign and on the Trump inauguration, pled guilty to lying to Mueller and FBI investigators, as well as to financial malfeasance. He was also Manafort’s business partner.
  • Michael Flynn, Trump’s former national security advisor, pled guilty to lying about his meeting with the Russian ambassador during the presidential transition.
  • George Papadopoulos, a young foreign policy adviser to the Trump campaign, was the first person to plead guilty in the Mueller probe. He pleaded guilty to lying to the FBI about his knowledge that Russians had thousands of apparently stolen emails that would embarrass Hillary Clinton. He had mentioned this to an Australian diplomat. When hacked Democratic emails began appearing online, Australian officials passed information about Papadopoulos on to their American counterparts. Alarmed American officials had the FBI open a counterintelligence investigation into the Trump campaign in the summer of 2016, months before the presidential election. In accordance with FBI protocol, this investigation was kept secret. Papadopoulos was apparently one of the contacts the Russians used to try to establish secret communications with the Trump campaign.
  • Alex van der Zwaan is the one person who’s gone to jail as a result of the Mueller investigation. He’s the son-in-law of a Russian oligarch and pleaded guilty to lying to the FBI about his work with two members of President Trump’s campaign team, Manafort and Gates. He served 30 days in a federal prison and has been deported to the Netherlands.
  • Thirteen Russians have been indicted for a multi-million dollar conspiracy to influence the 2016 election through social media. They pretended to be Americans and bought political ads and organized political events. Facebook acknowledges that these efforts reached at least 146 million people, almost half of the US population, through Facebook and Instagram.
  • Twelve Russian military officers, who work for Russia’s main intelligence agency, have been indicted for hacking into the email servers of Hillary Clinton and the Democratic National Committee. They stole and then released thousands of emails. The content of these emails, along with reporting on their theft and release, dominated the news for weeks and clearly had an impact on the election.

The Mueller investigation is clearly a serious probe of significant and successful efforts to affect the 2016 election. Over its 15 months, the Mueller investigation has cost $7.7 million (as-of 3/31/18), a tiny fraction of the Justice Department budget of $28 billion. By way of comparison, the Starr probe of President Clinton lasted four and a half years (over 3 times as long) and cost $39 million, or around $58 million in today’s dollars when adjusted for inflation (over 7 times as much). There were at least three other independent or special counsel investigations during the Clinton administration that cost more than Mueller’s probe has. [2]

This investigation is NOT partisan. Mueller and Rosenstein, who oversees Mueller’s investigation and is second in command at the Justice Department, are both Republicans. Mueller is a highly decorated Marine officer who has spent most of his career in the Justice Department. President Reagan appointed him the US Attorney for Massachusetts, and he later served as an assistant US Attorney in D.C.  and as US Attorney for Northern California. President George W. Bush appointed him second in command at the Justice Department and later as FBI Director. Congress unanimously extended his term as FBI Director in 2011. Rosenstein worked for the Starr investigation of President Clinton. President George W. Bush appointed him as US Attorney for Maryland and later nominated him to be a federal appeals court judge. President Trump appointed him as second in command at the Justice Department.

Before the election, in the early fall of 2016, the seriousness of foreign efforts to influence the election were becoming clear to US intelligence and criminal justice officials. President Obama convened a bipartisan meeting with members of Congress. His goal was to develop a bipartisan public statement on the Russian efforts to influence the election. He felt it was essential to have it be bipartisan so that it didn’t appear to be a partisan issue during the election. But the Republicans refused to go along, and no public statement was made.

Trump and his supporters have engaged in persistent, on-going efforts to discredit Mueller, Rosenstein, and the investigation. Their goal, according to Trump’s lawyer Giuliani, is to get the public to question the legitimacy of the investigation. The only reason I can think of that they would want to do that is because they are worried about the results of the investigation. From Trump’s personal perspective, which does seem to be all he really cares about, the most likely negative outcome of the investigation is evidence that would support impeachment.

The most likely impeachment charge against Trump is obstruction of justice, assuming no smoking gun of direct Russian collusion on his part is uncovered. So far the most likely obstruction of justice charges would be 1) his request that then-FBI director Comey stop the investigation of Michael Flynn’s meeting with the Russian ambassador, 2) his firing of FBI Director Comey, apparently in an effort to stop the investigation into Russian interference in the election, 3) his attempts to get Attorney General Sessions to rescind his recusal and take charge of the investigation (even though he met with the Russian ambassador during the campaign), and 4) his incessant efforts to discredit and undermine the investigation. As you think about whether this obstruction of justice might be grounds for impeachment, remember that President Clinton was impeached by the US House of Representatives (but the Senate failed to convict him) for obstruction of justice for lying to law enforcement about his affair with intern Monica Lewinsky. If lying about an affair is grounds for impeachment, President Trump is right to be worried.

(Note: The investigation of Trump’s former lawyer, Michael Cohen, is not part of Mueller’s investigation, although it is reportedly the result of a referral from the Mueller team. The investigation of Cohen is being undertaken by the US Attorney in New York.)

[1]      Reilly, R.J., 7/27/18, “The Mueller investigation, explained. Here’s your guide to the Trump-Russia probe,” HuffPost (https://www.huffingtonpost.com/entry/mueller-investigation-trump-russia-probe_us_5b4cdda5e4b0e7c958fe3141)

[2]      Kutner, M., 12/5/17, “Mueller’s Trump investigation cost slammed by Republican: ‘They must be having one hell of a Christmas party’,” Newsweek

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