Why Is Trump Afraid of Mueller?
There is abundant evidence that Trump engaged in obstruction of justice, and he is worried Mueller may come after him. Trump fired Comey because he wouldn't drop the investigation of National Security Adviser Michael Flynn's ties to Russia. And Trump drafted a memo to cover up the real purpose of the meeting between Donald Trump Jr. and the Russian operative.
In addition, Mueller's team is apparently pursuing three avenues that directly impact Trump, Timothy O'Brien reported at Bloomberg:
"First, it is seeking information as to whether Trump or his campaign worked with Russia to help Trump win the election. Second, it is looking into whether Trump or his advisers engaged in obstruction of justice to end the investigation. And third, it is investigating a possible quid pro quo that Trump and family members, particularly son-in-law Jared Kushner, may have sought in return for political favors, such as lifting sanctions on Russia or altering US policy on the Ukraine."
Moreover, Vanity Fair reported that White House officials are worried a perjury indictment of Donald Trump Jr. by Mueller is imminent. According to Politico, Trump Jr. "has told friends in recent weeks that he believes he could be indicted."
Trump Tried to Have Mueller Fired
Trump tried to have Mueller fired in June 2017 and December 2017. In August 2018, Trump tweeted that Sessions "should stop this Rigged Witch Hunt right now, before it continues to stain our country any further."
But the Justice Department regulation says a special counsel can "be disciplined or removed from office only by the personal action of the Attorney General," and only "for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good reason."
Rosenstein, who was the only person with the power to fire Mueller after Sessions recused himself, told the House Judiciary Committee in June 2018 that he was not aware of any "disqualifying" conflict of interest Mueller might have.
If Whitaker were to fire Mueller outright, that would reprise the "Saturday Night Massacre" during the Watergate scandal, when President Richard Nixon fired Attorney General Elliot Richardson who refused to fire special prosecutor Archibald Cox.
The GOP-controlled Congress has resisted passing legislation to protect Mueller. Senate Majority Leader Mitch McConnell (R-Kentucky), Sen. Orrin Hatch (R-Utah) and Senate Majority Whip John Cornyn (R-Texas) said it was unnecessary because they didn't think Trump would fire Mueller.
Mueller was undoubtedly aware that Trump would target his investigation once the midterm elections were over, and he may have already taken steps to prevent the total derailment of his work. The special counsel might already have sealed grand jury indictments over which Whitaker would have no control. Mueller, who told Trump's legal team a sitting president cannot be indicted, may have asked the grand jury to name Trump as an unindicted co-conspirator to violate federal election laws.
There is precedent for this. In 1974, a grand jury indicted seven of Nixon's associates for the cover-up of the Watergate burglary. At the request of special prosecutor Leon Jaworski, the grand jury named Nixon an unindicted co-conspirator.
Mueller's investigation has been shrouded in secrecy. He is expected to prepare a report but Whitaker may decide to keep it under wraps. The newly elected Democratic majority in the House of Representatives could subpoena the report, however, and make all or part of it public.
The Democratically Controlled House Aims to Protect Mueller
When the Democrats take control of the House of Representatives in January, they will very likely take actions that will give Trump cause for concern. Three members of the House Intelligence Committee told the Daily Beast they intend to subpoena documents and call witnesses that could reveal connections between Russian money and the Trump campaign.
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