Most of now-former special counsel Robert Mueller’s public statement to the press last week seemed to fall under the category of “Fair enough.” After all, the man did nearly two years of work, he kept largely silent throughout, and he alternately was called a hero or a dog.
So the day Mueller resigns, he chooses to make a fairly brief statement putting a button on all of it, and at the same time declining to take any questions, before gliding back into private life.
{mosads}But there’s at least one comment Mueller made that nags at me. It’s when he said, “If we had had confidence that the president clearly did not commit a crime, we would have said so.” Mueller must have had his reasons for shading his commentary in that way rather than in the other direction: If they’d found adequate evidence to implicate Trump in a crime, or even “collusion,” they would have said that, too.
The statement Mueller chose to give carries with it an implication that his team looked for evidence of President Trump’s innocence but simply could not find it. With that in mind, I thought of a short list of questions I’d like to ask Mueller, if ever permitted to do so:
- What witnesses did you interview and what evidence did you collect in an attempt to exonerate Trump or prove him not guilty? (I believe the answer would be, “None. It’s not the job of a special counsel or prosecutor to do so.” Therefore, was Mueller’s comment appropriate?)
- Does it concern you that the FBI claimed “collection tool failure” in stating that 19,000 text messages between former FBI employees Lisa Page and Peter Strozk had been deleted and were unavailable for review by the Department of Justice (DOJ) inspector general? Is it worth investigating how the inspector general was able to recover the messages, when the FBI said it could not? Does the FBI lack the technical expertise, or the will? Isn’t it a serious issue that should be addressed, either way?
- Along the same lines, do you think it strange or inappropriate that the DOJ wiped text messages between Strzok and Page from their special counsel cell phones? The deletions happened shortly after they were ejected from the team and before the DOJ’s Office of the Inspector General could review them — at a time when all had been informed that their actions were under review. Did technicians attempt to recover the messages? Were the circumstances of the deletions thoroughly investigated?
- When did you first learn that the FBI and DOJ signed off on and presented unverified, anti-Trump political opposition research to a court to get wiretaps on an innocent U.S. citizen? Doesn’t this violate the strict procedures enacted while you were FBI director, intended to ensure that only verified information is seen by the court? Who will be held accountable for any lapses in this arena?
- Do these issues point to larger problems within our intelligence community, in terms of how officials operate? Does that put you in a position where there’s a conflict of interest since you were in charge of the FBI when prior surveillance abuses were identified by the Foreign Intelligence Surveillance Court? Did you consider disclosing this potential conflict and stepping aside, or referring any issues that overlap with your interests?
- What steps did you take after Strzok and Page were exposed, to try to learn if other investigators on your team likewise were conflicted? Did you take action to segregate the work of these agents and any potential biases they injected into your investigation and team? Wasn’t their behavior a beacon to call you to follow an investigative trail in another direction?
- Did you become concerned about foreign influence beyond Russia when you learned that a foreign national, Christopher Steele, claimed to have obtained opposition research from Russian officials connected to Putin — and that the FBI and DOJ presented this material to the Foreign Intelligence Surveillance Court to obtain wiretap approvals?
- Were you aware that some Democratic Party officials acknowledged coordinating with Ukraine in 2016 to undermine Trump and his associates and to leak disparaging information to the news media?
- Is it true that you applied for the job as FBI director but Trump rejected you, the day before then-Acting Attorney General Rod Rosenstein appointed you as special counsel to investigate Trump? Does that put you in a potentially conflicted position?
- Do you think Donald Trump is guilty of a crime? If so, then do you believe he is perhaps the most clever criminal of our time since he was able to conceal the evidence despite all the government wiretaps, investigations, informants, surveillance and hundreds of interviews spanning several years?
Clearly, Robert Mueller hopes he has closed the book on his public statements about his investigation. If he has his way, he will not discuss the case further on the record. But his parting shot raised plenty of questions.
Sharyl Attkisson (@SharylAttkisson) is an Emmy Award-winning investigative journalist, author of The New York Times best-sellers “The Smear” and “Stonewalled,” and host of Sinclair’s Sunday TV program, “Full Measure.”