And....Mueller TIme:
~~~
~~~
LIEU:
Thank you, director Mueller, for you long history of service to our country
including your service as a Marine where you earned a brown star with a V
device.
I’d
like to now turn to the elements of obstruction of justice as applied to the
president’s attempts to curtail your investigation. The first element of obstruction
of justice requites and obstructive act, correct?
MUELLER:
Correct.
LIEU:
OK. I’d like to direct you to page 97 of Volume 2 of your report, and you wrote
there on page 97, quote, “Sessions was being instructed to tell the special
counsel to end the existing investigation into the president and his campaign,”
unquote. That’s in the report, correct?
MUELLER:
Correct.
LIEU:
That would be evidence of an obstructive act because it would naturally
obstruct their investigation, correct?
MUELLER:
Correct.
LIEU:
OK. Let’s turn now to the second element of the crime of obstruction of justice
which requires a nexus to an official proceeding. Again, I’m going to direct
you to page 97, the same page of Volume 2. And you wrote, quote, “by the time
of the president’s initial one-on-one meeting with Lewandowski on June 19,
2017, the existence of a grand jury investigation supervised by the special
counsel was public knowledge.” That’s in the report, correct?
MUELLER:
Correct.
LIEU:
That would constitute evidence of a nexus to an official proceeding because a
grand jury investigation is an official proceeding, correct?
MUELLER:
Yes.
LIEU:
OK. I’d like to now turn to the final element of the crime of obstruction to
justice. On that same page, page 97, do you see where there is the intent
section on that page?
MUELLER:
I do see that.
LIEU:
All right. Would you be willing to read the first sentence?
MUELLER:
And that was starting with…
LIEU:
Substantial evidence.
MUELLER:
Indicates that the president…
LIEU:
If you read that first sentence, would you be willing to do that?
MUELLER:
I’m happy to have you read it.
LIEU:
OK. I will read it. You wrote, quote, “substantial evidence indicates that the
president’s effort to have Sessions limit the scope of the special counsel’s
investigation be featuring (ph) election interference was intended to prevent
further investigative scrutiny of the president and his campaign’s conduct,”
unquote. That’s in the report, correct?
MUELLER:
That is in the report, and I rely what’s in the report to indicate what’s
happened in the paragraphs that we’ve been discussing.
LIEU:
Thank you. So to recap what we’ve heard, we have heard today that the president
ordered former White House Counsel, Don McGahn, to fire you. The president
ordered Don McGahn to then cover that up and create a false paper trail. And
now we’ve heard the president ordered Corey Lewandowski to tell Jeff Sessions
to limit your investigation so that he — you stop investigating the president.
I
believe any reasonable person looking at these facts could conclude that all
three elements of the crime of obstruction of justice have been met. And I’d
like to ask you the reason, again, that you did not indict Donald Trump is
because of OLC opinion stating that you cannot indict a sitting president,
correct?
MUELLER:
That is correct.
~~~
At the opening of that afternoon's Intelligence Committee hearing, Mueller amended his response:
~~~
At the opening of that afternoon's Intelligence Committee hearing, Mueller amended his response:
“I
wanted to go back to one thing that was said this morning by Mr. Lieu. It was
said, and I quote, 'you didn't charge the president because of the OLC
opinion.' That is not the correct way to say it.
As
we say in the report and as I said in the opening, we did not reach a
determination as to whether the president committed a crime.”
(Because of
the OLC opinion, "a determination as to whether the president committed a crime" was not required.)