The Washington Post’s revelatory report on Special Counsel Bob Mueller’s intentions toward Trump shows how risky it would be for the President to testify about his intentions toward Mueller’s investigation.
Did Trump intentionally try to obstruct the Russia probe? If so, hello impeachment.
According to the Post, Mueller has told Trump’s lawyers the President is a subject, not a target of the investigation, and that he is preparing a report looking at obstruction of justice — a broad hint that grounds for impeachment are forming.
Testifying might elevate Trump from a subject to a target facing impeachment charges if he commits perjury or in some unwitting way acknowledges an intent to obstruct the probe.
Two dots to connect in the Post article:
1. “In private negotiations in early March about a possible presidential interview, Mueller described Trump as a subject of his investigation into Russia’s interference in the 2016 election.”
2. “Mueller’s investigators have indicated to the president’s legal team that they are considering writing reports on their findings in stages — with the first report focused on the obstruction issue.”
Connect that he is the subject of a criminal investigation with a report finding obstruction. Then you can see a path to impeachment. But only if criminal intent can be proved.
Obstruction is what lawyers call an “intent” crime, requiring solid proof the accused said or did things with the explicit intent to thwart an investigation. Mueller saying Trump is not a target suggests he lacks sufficient evidence that Trump intended to stop the Russia investigation.
While some prosecutors might lure a target to testify by assuring them they are not a target Mueller has a legendary reputation for honesty on these matters. So it seems reasonable to assume that one of the few things left that could give Mueller the intent proof he needs would be Trump screwing up his testimony.
Which is why just about any criminal lawyer anywhere would tell the President to Take the 5th.
