In a new book, Andrew Weissmann, one of Special Counsel Robert Mueller’s top deputies, lays out the limits and letdowns of the years-long Russia investigation.
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[H]e’s about to publish the first insider account, called Where Law Ends: Inside the Mueller Investigation. The title comes from an adapted quote by the philosopher John Locke that’s inscribed on the façade of the Justice Department building in Washington, D.C.: “Wherever law ends, tyranny begins.”
Weissmann offers a damning indictment of a “lawless” president and his knowing accomplices—Attorney General William Barr (portrayed as a cynical liar), congressional Republicans, criminal flunkies, Fox News. Donald Trump, he writes, is “like an animal, clawing at the world with no concept of right and wrong.” But in telling the story of the investigation and its fallout, Weissmann reserves his most painful words for the Special Counsel’s Office itself. Where Law Ends portrays a group of talented, dedicated professionals beset with internal divisions and led by a man whose code of integrity allowed their target to defy them and escape accountability.
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He pointed out that the special counsel’s report never arrived at the clear legal conclusions expected from an internal Justice Department document. At the same time, it lacked the explanatory power of last month’s bipartisan Senate Intelligence Committee report on the 2016 election.
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The Mueller inquiry was the greatest potential check on Trump’s abuse of power. The press gives the president fits, but almost half the country chooses not to believe the news. Congress will protect Trump as long as his party controls at least one chamber. Local prosecutors and civil plaintiffs are severely limited in pursuing justice against a sitting president. [...] Mueller couldn’t try the president in court, let alone send him to prison, but he could fully expose Trump’s wrongdoing for a future prosecutor, using the enforceable power of a grand jury subpoena. The whole constitutional superstructure of checks and balances rested on Mueller and his team.
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A report, hundreds of pages long, with many lines blacked out, was delivered to the attorney general. Before releasing it to the public, Barr pronounced the president innocent, in a brazen mix of elisions, distortions, and outright lies—for the report presented extensive evidence of cooperation between the Trump campaign and Russian assets, and of the president’s efforts to obstruct justice. The lesson Trump took from the Mueller investigation was that he could do anything he wanted.
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“Part of the reason the president and his enablers were able to spin the report was that we had left the playing field open for them to do so[,” Weissmann writes.]
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When Mueller was appointed special counsel in May 2017, he chose Weissmann to lead “Team M”—the group responsible for the case against Paul Manafort, Trump’s corrupt former campaign chairman. Theirs was the most straightforward part of the investigation; they produced an early indictment and, ultimately, a conviction of Manafort on tax fraud and other charges.
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They were hamstrung by Mueller’s decision not to look into Trump’s financial dealings with Russia, which might have established a source of Russian leverage over Trump, but which the president had declared a red line not to be crossed. And they were frustrated by perjury—for Manafort never stopped lying to Team M. His lies were encouraged by the president, who made sympathetic noises about Manafort with the suggestion that stonewalling might earn him a pardon. Trump’s pardon power was an obstacle that the prosecutors didn’t anticipate and could never overcome. It kept them from being able to push uncooperative targets as hard as in an ordinary criminal case.
The Special Counsel’s Office also worked under the constant threat that Trump would fire Mueller, as Richard Nixon had fired Archibald Cox, the first Watergate special prosecutor, in the Saturday Night Massacre. Trump tried several times to get rid of Mueller, but he was stopped by his underlings, who knew that it would lead to legal and political disaster. Still, the threat never went away, and in the end, it served the president’s interests well: “The specter of our being shut down exerted a kind of destabilizing pull on our decision-making process.”
Where Law Ends describes numerous instances, large and small, when Mueller declined to pursue an aggressive course for fear of the reaction at the White House.
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Weissmann blames this persistent timidity on one of Mueller’s other top deputies, a lawyer named Aaron Zebley [...] . “Repeatedly during our twenty-two months in operation,” Weissmann writes, “we would reach some critical juncture in our investigation only to have Aaron say that we could not take a particular action because it risked aggravating the president beyond some undefined breaking point.”
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I pointed out that all of these were ultimately Mueller’s decisions. Weissmann agreed.
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His portrait of Mueller is admiring and affectionate. The former FBI director is laconic, loyal, demanding, and, very occasionally, drily charming. Weissmann goes to great lengths to understand Mueller’s thinking on two of his central decisions: not to subpoena Trump, and not to state plainly in the report what the evidence of volume two makes clear—that Trump obstructed justice. Neither decision holds up to Weissmann’s scrutiny.
On the subpoena, Weissmann told me that the reason given in the report—that the legal battle would have unduly delayed the inquiry—was less than candid, since a subpoena issued at the start of the investigation could have been resolved by the Supreme Court months before the date of the report’s completion. In
Where Law Ends, Weissmann reveals that the real reason for not compelling the president to be interviewed was Mueller’s aversion to having an explosive confrontation with the White House. [...] On the obstruction of justice, Mueller declined to make a determination because of a long-standing Justice Department policy that a sitting president cannot be indicted. Mueller, judging that Trump wouldn’t have his day in court until he became a private citizen again, refrained from stating that Trump had broken the law.
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“I was flummoxed by Mueller’s thinking,” he admits. The special counsel was required to make a legal recommendation on the facts and present it in an internal department document to the attorney general. Barr could decide to keep the report private. Or, if it became public, Trump could use his unparalleled platform to defend himself to the country. Or he could
choose to be charged and tried in order to clear his name. Mueller, completely out of character, was “making his own, freelance judgments about what was appropriate and not delivering on what he was tasked with doing.”
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“I also think it seems like a transparent shell game,” Weissmann told his colleague. “When there is insufficient proof of a crime, in volume one, we say it. But when there is sufficient proof, with obstruction, we don’t say it. Who is going to be fooled by that? It’s so obvious.”
The Atlantic
