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1. Big takeaway from the Mueller report: Mueller said that because he’s not permitted to indict a sitting president (an ill-advised policy that must be revisited to deter future candidates from unlawfully stealing elections and . . .
2. deter future presidents from committing crimes while in office) he simply laid out all the evidence proving Trump obstructed justice without announcing a prosecutorial decision. To be clear, this was not his choice, it was required because . . .
3. the DOJ/OLC memo says you can’t indict a sitting president. Mueller also said that if the investigation proved that Trump DID NOT obstruct justice, Mueller would say so. Mueller then said, ‘I can not say the president did not obstruct justice’ (sorry for the double negative)
4. People are (understandably) frustrated that Mueller stopped short of saying, “Trump obstructed justice,” particularly when the evidence shows that he did so many times over. Here’s why Mueller PROPERLY stopped short of saying “Trump committed crimes.” ...
5. Just as prosecutors do not stand on the courthouse steps BEFORE a trial and announce a defendant is guilty of a crime, Mueller was unwilling to stand on the steps of Congress (figuratively) and announce “Trump obstructed justice - so impeach him.”
6. Mueller’s decision might not make common sense but it makes ethical and institutional sense. Accordingly, instead of announcing that Trump obstructed justice, Mueller set out the evidence that PROVES Trump obstructed justice and left the matter up to Congress.
7. IMO, Mueller chose this path because he is ethical, because he is principled, and because he was determined to be fair - even to a president who doesn’t understand the concept of fairness. Put another way, Bob Mueller just treated fairly a man who personifies “unfairness.”
8. Mueller is an institutionalist’s institutionalist. And I contend that is a good thing. Without people who are willing to serve the public fairly, honestly and ethically, in keeping with the best practices of our institutions, we will become an autocracy...
9. Now comes perhaps the toughest part: what does Congress do? IMO, in light of Trump’s obstructive conduct, impeachment hearings are not simply a political calculation - they are a moral imperative. As Adam Schiff might say, “I don’t think it’s OK” to let Trump get away w/this.
10. If Congress fails to initiate impeachment hearings then there is little to no hope that future presidents will act lawfully and in the best interests of We The People. Congress, if you’re listening, The People’s Ball is in your court. Please don’t fumble.
