According to a report in the Washington Post, “Special counsel Robert S. Mueller III informed President Trump’s attorneys last month that he is continuing to investigate the president but does not consider him a criminal target at this point.” In other words, while Mr. Mueller still considers the president a subject of investigation, he has concluded, after nearly 11 months looking for something solid to use against President Trump, that he does not have enough evidence to charge the president with conspiring to collude with the Russians to interfere in the 2016 presidential election or, for that matter, with any other crime. Despite having gathered hundreds of thousands of documents for review, interviewed multiple witnesses, and gained guilty pleas for conduct unrelated to the Russian collusion investigation itself in return for full cooperation, Special Counsel Mueller has admitted that he lacks substantial evidence linking President Trump to the commission of any crime. Ironically, this matches the conclusion of former FBI Director James Comey himself before President Trump fired him.
While this development is obviously welcome news to President Trump, he is not entirely out of the woods yet. The Washington Post article added that Mr. Mueller informed the president’s lawyers that “he is preparing a report about the president’s actions while in office and potential obstruction of justice.”
The special counsel could suggest in his report that President Trump may have had a “corrupt intent” to interfere with the Russian collusion investigation by firing Comey, for example, or by asking Comey to go easy on former National Security Adviser Michael Flynn, but has not accumulated enough evidence yet to go forward with an indictment. Not only would the special counsel’s discussion along such lines in his report heighten calls for extending the special counsel’s mandate indefinitely, for further congressional investigations and for impeachment. Such a report would place more pressure on the president to submit to an interview with the special counsel or a high-level member of his team. President Trump has indicated a willingness to consider such an interview against the advice of John Dowd, the lawyer who had led the president’s legal team dealing with the Mueller investigation until he resigned last month. If the president does agree to an interview, he needs to tread very carefully to avoid falling into a perjury trap or saying something that the Mr. Mueller can use as evidence of the “corrupt intent” necessary to make a credible case of obstruction of justice against the president.