Is It Now Too Late to Stop Mueller?

Since he fired James Comey, it has been obvious to anyone not drinking the Trump/Pence Kool-Aid that Trump is desperate to kill the investigation into possible collusion with Russia by the Trump campaign and anything else that might come to light as a result.  As I - and others - have often noted, if one has nothing to hide, one does not act the way Trump has acted and ranted even as the number of indictments and guilty pleas have multiplied.  Now, with the firing of Jeff Sessions, Trump may be poised to make his most aggressive move to scuttle the Russiagate investigation and avoid exposure of what is likely a cesspool of money laundering and perhaps far, far worse.  A piece in The Atlantic argues that it may hopefully be too late now for Trump to stop the investigation and escape the consequences of his trail of lies and likely misdeeds.  Here are article highlights:

At the end of last month, with the midterms looming, I gave a talk before a small private audience in California in which I argued for optimism because—among other things—the moment for firing Robert Mueller had passed.

Eighteen months ago, I said, President Donald Trump had an opportunity to disrupt the Russia investigation: He had fired the FBI director and had rocked the Justice Department back on its heels. But Trump had dithered. He had broadcast his intentions too many times. And in the meantime, Mueller had moved decisively, securing important indictments and convictions, and making whatever preparations were necessary for hostile fire. And now Democrats were poised to take the House of Representatives. The window of opportunity was gone.

I am still, if only tentatively, of the belief that the prospects for interference are dimmer than fear and panic and another Trump-busted norm have us imagining. Here are 10 reasons to think that Whitaker may have less capacity to foil Mueller than the current moment—and his formal powers—may suggest.
 First, Mueller has spread the wealth around. The normal critique of special-counsel investigations is that they hoard jurisdiction, endlessly expand, and become personal roving inquests into their political subjects’ lives. The opposite is the case with Mueller. He has not merely referred to other Justice Department components matters at the margins of his investigation, such as the Michael Cohen situation in New York. He has also let other components handle matters involving core questions of Russian interference in the U.S. elections, such as the Maria Butina and Elena Khusyaynova prosecutions. The result of this strategic step is not just that Mueller is relatively invulnerable to the charge of any kind of power grab or mission creep. It is also that firing him or reining him in only does so much. If Trump imagines these investigations as a cancer on his presidency, they are a cancer that has already metastasized.
 Second, the investigation has already progressed very far. It is one thing to squelch an investigation in its crib. It’s another thing to squelch an investigation that has already collected important evidence and brought key cases. The effort to do so cannot take place invisibly, as a great many prosecutors and FBI agents will be aware of what is happening. None of them has to leak anything for that awareness to find its way to Capitol Hill, because the Hill is already aware of the problem and looking for signs. Mueller is by many accounts writing a report, a step that signals a completed investigation or a completed portion of an investigation. The effort to suppress that report could be politically galvanizing and, in its own way, as damaging for the administration as the contents of that report when they eventually become public.
 Third, Mueller does not have to remain silent. . . . . The day that Mueller holds a press conference or stands before cameras and declares that his investigation is facing interference from the Justice Department will be a very big day, perhaps a game-changing day. If the department suppresses his report, he has the capacity to, as James Comey did after his firing, testify before Congress about what happened. Mueller has not hoarded power or jurisdiction, but he has hoarded moral authority. If Whitaker or his successor seeks to frustrate the probe, Mueller can spend down those huge reserves of credibility.
 Fourth, the midterms matter—and they mean investigations. . . . . The Democratic takeover of Congress means that key committees will be watching every move Whitaker and his successor make with respect to the investigation. It means subpoenas for any report they may try to suppress. It means an open and receptive forum for Mueller to testify should he have something to say. It means constant investigation. And it means that the threat of impeachment hangs over everything. This is a very big change, and Mueller is as aware of it as anyone. As a result of Democratic control of the House, he could, for example, write an unclassified summary of his report and conclusions with every expectation that major congressional committees would demand it and release it publicly. He could also, say, write an impeachment referral—if he thought he had evidence Congress needs to see—and dare Whitaker to prevent its transmission to Congress. If Whitaker were to do so, Mueller could resign and announce what happened and let Congress do the rest.
 Fifth, the confirmation process for the attorney general still matters. Whitaker is ultimately a placeholder. He can do damage while in office, but ultimately the president is going to have to name an attorney general, and the Senate is going to have to confirm that person. That means two big things: Trump has to name someone who can win confirmation, and the nominee has to personally face the Senate Judiciary Committee.
 Seventh, senior Justice Department officials, both career and political, can draw lines. This point is closely related to the previous one, but also distinct. One indication that the system has held so far is that we have not seen mass resignations or resignations in protest over matters of principle. That will change if Whitaker or his successor moves against the investigation in a fashion that officials regard as unacceptable
 Eighth, Whitaker will get briefed and assume responsibility for the department. It may sound naive to say that this will matter, but let’s at least consider the possibility that it will matter. . . . . Perhaps Whitaker will defy all of this, but it’s not an easy thing to do—and if Whitaker does it, he will do it knowing that he will go down in history as a John Mitchell figure. That should at least be food for thought on his part.

Ninth, the public actually cares. Thursday evening, tens of thousands of people around the country protested Trump’s move against Sessions. That’s before Whitaker actually does anything. . . . . Expect political pressures to grow proportionately to the increased threat to accountability. This public vigilance and anger is not just #resistance noise; it’s actively useful.

Finally, 10th, these points all work in tandem with one another. They are not discrete. They operate in an ineffable combination of bureaucratic maneuvering, congressional action, journalism, personality, and public pressure. And in this dangerous moment—and Whitaker’s installation does create a profoundly dangerous moment—the combined effects here will be a powerful defense against misdeeds.

For the sake of the nation, I hope the author is right.