Eleanor Finch
On May 17, 2017, Robert Mueller was appointed by Deputy Attorney General Rod Rosenstein to serve as Special Counsel and investigate Russian interference in the 2016 US election. This appointment has been challenged as potentially unconstitutional, with some arguing that Rosenstein violated the Appointments Clause of the Constitution. The investigation also looked into potential obstruction of justice and conspiracy charges against Trump and his associates. While the investigation did not exonerate Trump, it also did not conclude that he committed a crime, leaving the decision to Congress.
| Characteristics | Values |
|---|---|
| Date of Mueller's appointment as Special Counsel | May 17, 2017 |
| Appointed by | Deputy Attorney General Rod Rosenstein |
| Purpose of appointment | To investigate Russian meddling in the 2016 presidential election |
| Constitutional challenge | Rosenstein's appointment of Mueller violated the Appointments Clause |
| Emails between Rosenstein and Mueller | "The boss and his staff do not know about our discussions" |
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What You'll Learn
Rosenstein's appointment of Mueller violated the Appointments Clause
The Mueller special counsel investigation was created by Deputy Attorney General Rod Rosenstein. Rosenstein appointed Robert Mueller as special counsel in May 2017 with the mandate to "oversee the previously-confirmed FBI investigation of Russian government efforts to influence the 2016 presidential election and related matters".
There have been several constitutional challenges to Rosenstein's appointment of Mueller. The main argument is that the appointment violated the Appointments Clause of the Constitution. This argument has been made by Miller in Miller v. United States, and by Concord Management and Consulting LLC.
Miller's first argument is that Mueller is a "principal" officer and therefore could only be appointed by the President, with the advice and consent of the Senate, which did not happen in this case. His second argument is that even if Mueller is an "inferior" officer, his appointment was still unconstitutional because Congress has not "by law" vested the Attorney General with the authority to appoint such a Special Counsel. Miller's third argument is that even if Congress has authorized the Attorney General to appoint Mueller, and even if Congress has authorized the Deputy Attorney General to perform the Attorney General's functions, the Deputy Attorney General, Rod Rosenstein, may not make the appointment because he is not the "Head" of the Department of Justice.
Concord Management and Consulting LLC moved to dismiss the indictment on the ground that Special Counsel Mueller was appointed unlawfully. However, on August 13, Judge Dabney Friedrich denied that motion.
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Rosenstein's communications with Mueller before his appointment
There have been questions about the constitutionality of Robert Mueller's appointment as special counsel. In November 2018, a panel of the U.S. Court of Appeals for the D.C. Circuit heard arguments in Miller v. United States, a case challenging Mueller's appointment. Miller argued that Rosenstein's appointment of Mueller violated the Appointments Clause of the Constitution, as Deputy Attorney General, Rosenstein was not the "Head" of the Department of Justice and so did not have the authority to make the appointment.
In the lead-up to Mueller's appointment, Rosenstein was in communication with him, as revealed by documents obtained by the conservative watchdog group Judicial Watch. In an email dated May 12, 2017, just five days before Mueller's appointment, Rosenstein assured Mueller that "The boss and his staff do not know about our discussions." On May 16, Rosenstein emailed Mark Filip, a former Bush administration Deputy Attorney General, saying, "I am with Mueller. He shares my views. Duty Calls. Sometimes the moment chooses us." The next day, Rosenstein appointed Mueller as special counsel.
Rosenstein also met with then-acting FBI Director Andrew McCabe and other senior Justice Department FBI officials to discuss wearing a wire and invoking the 25th Amendment to remove President Trump. He was also in direct communication with reporters from 60 Minutes, The New York Times, and The Washington Post. Rosenstein wrote three different scope memos throughout Mueller's probe, two of which allowed Mueller to expand his investigation. These memos are still redacted and hidden from the public.
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The scope of the Mueller investigation
The Mueller investigation, also known as the Russia investigation or the Mueller probe, was an inquiry into the 45th US president, Donald Trump, and his campaign's potential collusion with Russian interference in the 2016 US elections. The investigation was launched in May 2017 and concluded in March 2019.
- Russian interference in the 2016 US elections, including the Russian Internet Research Agency's social media campaign to support Trump's candidacy and attack Clinton's.
- Any "links and/or coordination" between the Russian government and individuals associated with the Trump campaign, such as George Papadopoulos, Rick Gates, Michael Flynn, and Michael Cohen.
- Potential obstruction of justice by Trump and his associates, including Roger Stone, who was indicted for witness tampering and making false statements.
- Financial investigations, lobbyists, and other matters related to the Trump campaign.
- The Facebook-Cambridge Analytica data scandal.
The investigation also took over the FBI's Crossfire Hurricane investigation and looked into whether President Trump had committed obstruction of justice by dismissing FBI Director James Comey.
The Mueller investigation had a significant impact, with a net benefit for the government and a cost of over $35 million to taxpayers. It resulted in the indictment of several members of the Trump campaign, including Michael Flynn and Paul Manafort, but ultimately found insufficient evidence of a criminal conspiracy between the Trump campaign and Russia.
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Whether Trump committed obstruction of justice
The Mueller special counsel investigation, led by former FBI director Robert Mueller, was created by Deputy Attorney General Rod Rosenstein to investigate Russian interference in the 2016 U.S. election and any potential collusion between the Russian government and individuals associated with the Trump campaign. The investigation also looked into whether Trump had committed obstruction of justice.
The Mueller report, which was nearly 400 pages long, did not conclude that Trump had committed a crime but also did not exonerate him. Mueller stated that he had decided against accusing Trump of obstructing justice because the President would not have been able to defend himself in a trial. However, the report found that Trump's public and private actions "were capable of exerting undue influence over law enforcement investigations".
There are several instances that have been cited as potential obstruction of justice by Trump. One example is Trump's firing of FBI Director James Comey in May 2017. Comey had been leading an investigation into potential ties between the Trump campaign and Russia's election meddling. Trump initially stated that he fired Comey because of his handling of the investigation into Hillary Clinton's personal email server. However, Mueller's report revealed that Trump had decided to fire Comey before hearing from the Department of Justice, raising questions about whether Trump was trying to influence investigations into his campaign.
Another example is Trump's request for loyalty from Comey during a private dinner in January 2017. Comey recounted in testimony before a Senate committee that Trump had said, "I need loyalty, I expect loyalty." This was corroborated by substantial evidence, including accounts from other individuals present at the dinner. Asking for loyalty from the FBI director could be seen as an attempt to influence the investigation into his campaign.
Trump's interactions with other officials involved in the Russia investigation have also been scrutinized. For instance, Trump pressured Attorney General Jeff Sessions not to recuse himself from overseeing the investigation, and he reportedly offered presidential pardons to former advisers charged by Mueller. Legal experts have said that dangling a pardon in front of witnesses could constitute obstruction of justice.
In addition to the Mueller investigation, Trump has also been accused of attempting to obstruct justice in relation to the Mar-a-Lago investigation and the January 6 committee's probe into the 2021 insurrection. Reports suggest that Trump directed one of his lawyers to falsely inform the National Archives that all requested documents had been returned, even though the FBI later seized over 20 boxes of material remaining at his Florida resort. Trump has also been accused of trying to intimidate witnesses providing information to the January 6 committee, including former White House aide Cassidy Hutchinson.
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Whether Trump was formally accused of wrongdoing
While Donald Trump has faced accusations of wrongdoing, he has never been formally charged with a crime. The Mueller special counsel investigation, led by former FBI director Robert Mueller, was launched in May 2017 to investigate Russian interference in the 2016 US presidential election and any potential links or coordination with individuals associated with the Trump campaign. The investigation also looked into allegations of obstruction of justice by Trump, particularly regarding the firing of FBI Director James Comey.
The Mueller report, released in March 2019, concluded that the Trump campaign welcomed and expected to benefit from Russian election interference but did not find sufficient evidence to establish a criminal conspiracy. On the issue of obstruction of justice, the report stated that Trump's actions had "the potential to exert undue influence over law enforcement investigations" but did not conclude that a crime had been committed. Attorney General William Barr and Deputy Attorney General Rod Rosenstein decided that the evidence was insufficient to establish that Trump had committed obstruction of justice.
While Trump has not been formally charged with any crimes related to the Mueller investigation, he has faced other legal battles. Trump was found guilty of falsifying business records in a case related to his financial practices. He has also been accused of criminal conspiracy to overturn the results of the 2020 election in Georgia and making hush money payments to adult film actress Stormy Daniels. Trump has denied any wrongdoing and has vowed to appeal his conviction.
In addition to these legal cases, there have been discussions about whether Trump could be prosecuted for election interference. The Supreme Court agreed to hear arguments on whether Trump is immune from prosecution for actions taken while he was president. The Court ruled that Trump has partial immunity, but the specific application of this ruling is still being debated.
It is important to note that the absence of formal charges or convictions does not necessarily indicate that wrongdoing did not occur. The Mueller report, for example, did not exonerate Trump, and Congress was left with the authority to decide on any further action. The ongoing legal battles and investigations highlight the complex nature of these issues and the challenges of holding a sitting or former president accountable for any potential wrongdoing.
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Frequently asked questions
There have been arguments that Rosenstein's appointment of Mueller violated the Appointments Clause of the Constitution, but these arguments have been denied by judges.
Mueller was chosen to lead the investigation due to a shortage of senate-confirmed U.S. attorneys.
The Mueller investigation looked into allegations of "links and/or coordination" between the Russian government and individuals associated with the Trump campaign.
The investigation concluded in March 2019 and found that there was insufficient evidence to establish that Trump committed obstruction of justice. However, it did not exonerate him and stated that Congress could decide whether Trump obstructed justice.
Yes, Rosenstein sent emails to Mueller before his appointment as special counsel, stating that "The boss and his staff do not know about our discussions."
