Trump’s not going to be indicted by Mueller — at least not before he leaves office via election defeat or impeachment. So Mueller’s focus needs to be on the crimes of those he can charge, like Don Jr. That doesn’t rule out that the evidence he’s looking at show that Trump oversaw a series of coordinated false statements. He did! With Mike Flynn’s lies, Don McGahn’s clean up of Flynn and Jim Comey’s firings, the response to the June 9 meeting, and yes, this Trump Tower deal, nothing explains the coordinated story-telling of multiple Trump flunkies other than Trump’s approval of those lies.
It is, frankly, journalistic malpractice that the press hasn’t noted that, especially on the June 9 meeting, the evidence that Trump lied and ordered others to
has already been made public. Trump’s tacit (and explicit, with the June 9 statement) approval of serial false statements, to Congress, to the FBI Director, to FBI Agents, and to Mueller, is an impeachable offense. Multiple outlets have gotten solid proof of that, they just haven’t stated the obvious like Buzzfeed did, perhaps in part because they’re relying on White House sources for their reporting.
But Mueller won’t need to allege that for his case in chief, at least not on the issue of the Trump Tower deal. Because the events that matter to Mueller’s case in chief — the events to which Cohen might have to serve as a witness — happened in 2016, not 2017 or 2018. And the guilt that Mueller would need to prove beyond a reasonable doubt if he does indict this conspiracy is not Trump’s guilt — except as an unindicted co-conspirator. It is Don Jr’s guilt.
So https://www.washingtonpost.com/world/national-security/2019/01/18/b9c40d34-1b85-11e9-8813-cb9dec761e73_story.html (outlets) that are suggesting that Mueller’s pushback backs off any evidence that Trump committed a crime make no more sense than the original Buzzfeed report (and ignore
the actual evidence of how Cohen’s lies evolved, an evolution in which these outlets https://www.washingtonpost.com/politics/trumps-business-sought-deal-on-a-trump-tower-in-moscow-while-he-ran-for-president/2017/08/27/d6e95114-8b65-11e7-91d5-ab4e4bb76a3a_story.html (were active participants)). The only thing that explains Carr issuing such an unprecedented order is if Cohen’s ability to testify on the stand must be preserved.
Robert Mueller has the unenviable task of needing to sustain as much credibility for a bunch of serial liars as possible, starting with Michael Cohen. Buzzfeed’s story — whether generally true or erroneous on details about Trump Organization witnesses or totally wrong — threatened that effort.
And that’s why, I strongly suspect, Peter Carr finally publicly spoke.