I think it is significant that Mueller is agreeing to narrow the questions to Trump to focus on Russia conspiracy, rather than obstruction. It suggests Mueller thinks that's more significant and worthwhile at this stage. (I agree with @emptywheel.) 1/ cnn.com/2018/10/11/pol…
2/ It's surely not because he has concluded that a president cannot obstruct justice. It hints at the opposite: He probably has sufficient evidence for obstruction. If forced to allocate his time to obstruction or Russia, he is choosing Russia. And probably b/c he has big leads.
3/ Here is @emptywheel, who has been making this point for a while. Her take is that White House insiders have actively been trying to distract the media by focusing on obstruction, when the real danger has been Russia/Flynn:
4/ Recall the @WSJ pieces this week linking Peter Smith to Flynn and Russia in 2015-16. If Flynn has given Mueller information about Trump's knowledge of such contacts, that's a big deal, and sets up Trump for trouble, whether written or oral answers. wsj.com/articles/late-…
5/ Manafort and Cohen have also cooperated. Mueller probably has a lot of questions for Trump on Russian conspiracy.
There are so many pundits saying "Oh no, don't give up on live oral questioning!" That ignores the inevitable Trump defense, which Kavanaugh just proved works...
There are so many pundits saying "Oh no, don't give up on live oral questioning!" That ignores the inevitable Trump defense, which Kavanaugh just proved works...
6/ Kavanaugh defense to lying: "It was live questioning, it was stressful, I was mad."
Trump defense to lying: "It was live questioning, it was stressful, and I've been lying out loud for crying out loud for 3 years, what did you expect?"
Trump defense to lying: "It was live questioning, it was stressful, and I've been lying out loud for crying out loud for 3 years, what did you expect?"
7/ Trump's defense to lying in live questioning is "I got confused." And too many Republicans would buy it.
That defense is eliminated when Mueller goes to written questions and written answers with lawyers' help.
Mueller is still insisting on follow-up questions, too.
That defense is eliminated when Mueller goes to written questions and written answers with lawyers' help.
Mueller is still insisting on follow-up questions, too.
8/ The feedback is that this thread was too cryptic. So I’ll spell it out:
I think Mueller has evidence of Trump’s Russian conspiracy in June 2016 (from Manafort) and Nov-Dec 16 (from Flynn) plus more from Cohen.
Mueller is taking written answers b/c he already has the goods.
I think Mueller has evidence of Trump’s Russian conspiracy in June 2016 (from Manafort) and Nov-Dec 16 (from Flynn) plus more from Cohen.
Mueller is taking written answers b/c he already has the goods.
9/ Mueller probably has so much evidence that he doesn’t need to use live questioning to get Trump to stumble into lies. Trump is cornered into lying or admitting to criminal conspiracy. (Guess which one?)
Lying on a written answer is far more damaging...
Lying on a written answer is far more damaging...
10/ And if Mueller wanted live questioning, the Court fight would take months with an uncertain result. (US v Nixon was a subpoena for documents. I am not sure there are 5 votes for subpoena of live interview). Written answers are faster and establish more clearly intent to lie.
