Thread by @EricColumbus

Many people say that Mueller’s report should be made public because Trump isn’t indictable as a sitting president. But this is an incomplete argument -- for one thing, that might not be why Mueller doesn’t indict him. 1/

Mueller might believe that – even if he *could* indict Trump – the nation would be better served if the president wasn’t indicted. This is what Ken Starr concluded with regard to Clinton. 2/ nytimes.com/2017/07/22/us/…

Or Mueller might simply conclude that he can’t prove beyond a reasonable doubt that Trump committed a crime within Mueller’s purview. That's very different from concluding “Trump did nothing wrong” or even (due to the burden of proof) “Trump didn’t commit a crime.” 3/

These are plausible scenarios. If Mueller does charge a campaign-related conspiracy, he might conclude Trump wasn't sufficiently involved to warrant indictment even if a POTUS could be indicted. Or that Trump might have been, but it can’t be proven beyond a reasonable doubt. 4/

(Or Mueller might not bring conspiracy charges at all, for any number of reasons – in which case a full report would be even more illuminating.) 5/

As to obstruction, Mueller might feel that, even if he could indict a sitting president, the issue is best reserved for Congress to adjudicate, as it did for Nixon. 6/

There are better reasons for disclosure than Trump’s non-indictability. Simply put, this is a massive investigation whose national importance dwarfs the question of whether specific people can or should be indicted. 7/

Indeed, as @rgoodlaw and @AndyMcCanse explain, there is ample precedent for disclosing information here. 8/
justsecurity.org/62726/muellers…

Another example of DOJ disclosure in the absence of an indictment, via @JoyceWhiteVance: DOJ released an 86-page report on its criminal investigation into the 2014 shooting of Michael Brown in Ferguson, MO, even though no one was indicted. 9/ justice.gov/sites/default/…

In its report, DOJ discussed the facts at great length and explained why it was not indicting the officer who shot Brown. DOJ could have simply announced that it wasn’t indicting anyone, but it concluded that justice was better served by providing a full explanation. 10/

A final reason for disclosure is that Trump himself has put the issues in play. Rather than let the investigation run its course, he has slammed it at every opportunity and repeatedly proclaimed not only his legal innocence but that, more broadly, he did nothing wrong. 11/

His employers – the American people – deserve to know if he is correct. 12/end