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“We could have done more”

Trump today in Ohio

This book by Mueller Prosecutor Andrew Weissman sounds like a must-read. The new York Times’ Charlie Savage reviews it and it actually has new information:

The team led by Robert S. Mueller III, the special counsel, failed to do everything it could to determine what happened in the 2016 election, shying away from steps like subpoenaing President Trump and scrutinizing his finances out of fear he would fire them, one of Mr. Mueller’s top lieutenants argued in the first insider account of the inquiry.

“Had we used all available tools to uncover the truth, undeterred by the onslaught of the president’s unique powers to undermine our efforts?” wrote the former prosecutor, Andrew Weissmann, in a new book, adding, “I know the hard answer to that simple question: We could have done more.”

The team took elaborate steps to protect its files of evidence from the risk that the Justice Department might destroy them if Mr. Trump fired them and worked to keep reporters and the public from learning what they were up to, Mr. Weissmann wrote in “Where Law Ends: Inside the Mueller Investigation,” which Random House will publish next week.

While he speaks reverently of Mr. Mueller, he also says his boss’s diffidence made him ill-suited for aspects of shepherding the politically charged investigation. He saw Mr. Mueller and his deputy, Aaron M. Zebley, as overly cautious.

Mr. Weissmann also defended against accusations by the president and his allies that he and other investigators were politically biased “angry Democrats”; Mr. Weissmann said his personal views had no bearing on the crimes that Russian operatives and Trump aides committed.

And he revealed new details — for example, writing that the same business account that sent hush payments to an adult film star who alleged an extramarital affair with Mr. Trump had also received “payments linked to a Russian oligarch.” The president has denied the affair; his former lawyer Michael D. Cohen controlled the account. Mr. Mueller transferred the Cohen matter to prosecutors in New York, and Mr. Weissmann provided no further details about the Russian payments.

Previously a mafia and Enron prosecutor and then a lawyer at the F.B.I. for Mr. Mueller, who was the bureau’s director for 12 years, Mr. Weissmann ran one of three major units for the special counsel’s office. His “Team M” prosecuted Mr. Trump’s former campaign chairman Paul Manafort for numerous financial crimes. The goal was to flip him and learn whatever he knew about any Trump campaign links to Russia.

Mr. Manafort had worked for pro-Russian interests in Ukraine, and the investigation uncovered ties by his business partner, Konstantin V. Kilimnik, to Russian intelligence. The book builds toward investigators’ discovery that Mr. Manafort had shared internal campaign polling data with Mr. Kilimnik, who flew to the United States to meet with Mr. Manafort during the campaign, asking whether Mr. Trump would permit a peace plan for Russia to essentially take over all of eastern Ukraine.

But while admitting this much, Mr. Manafort — seeing the dangle of a potential pardon from Mr. Trump — refused to cooperate further. Investigators did not obtain any final puzzle pieces and lacked the evidence to charge anyone in the campaign with a criminal conspiracy involving Russia’s covert electoral assistance.

“It would seem to require significant audacity — or else, leverage — for another nation to even put such a request before a presidential candidate,” Mr. Weissmann wrote of Mr. Kilimnik’s request. “This made what we didn’t know, and still don’t know to this day, monumentally disconcerting: Namely, why would Trump ever agree to this? Why would Trump ever agree to this Russian proposal if the candidate were not getting something from Russia in return?”

Mr. Weissmann explained the significance of Mr. Manafort’s interactions with Mr. Kilimnik — also a major focus of a recent bipartisan Senate Intelligence Committee report, which explicitly labeled Mr. Kilimnik a Russian intelligence agent — more clearly than the Mueller report did.

Mr. Mueller had strictly forbidden leaks, and the special counsel team took extraordinary care to protect the high-profile, high-stakes investigation, Mr. Weissmann wrote. They kept window blind slats tilted at an angle to keep out prying eyes, shutting out natural light. They concocted an “almost comically elaborate and surreal” plan to sneak in “through the many hidden arteries of the courthouse” to obtain a grand jury indictment without tipping off reporters.

And worried about the possibility that Mr. Trump would fire them and the Justice Department would then seal off or destroy their evidence, the Mueller team members packed their numerous applications to judges for search warrants with extensive, up-to-date details about their investigation — ensuring they backed up their work beyond the reach of the executive branch.

Ty Cobb, a lawyer for Mr. Trump, also privately promised to be a “canary in the coal mine” and provide a heads up if Mr. Trump was going to fire the special counsel team, according to Mr. Weissmann. Mr. Cobb did not respond to a request for comment.

The investigation played out against the backdrop of regular vilification of the Mueller team by Mr. Trump and his allies like Fox News’s Sean Hannity — who turned out to be in regular contact with Mr. Manafort cooking up a “smear campaign” over text messages. Mr. Weissmann, a major target, wrote that such “ad hominem” insinuations of bias appealed to emotion rather than reason.

“I am a registered Democrat,” he wrote. “Does this make Paul Manafort or any of the other 32 people our office charged any less guilty? Did Russia not attack our democracy and disrupt our election with its self-described online information warfare operation? Which facts that we alleged in our various indictments — and to which many of those we indicted, including Manafort, would plead guilty — did our attackers believe were invented as a result of our alleged bias as ‘angry Democrats?’”

Mr. Trump’s allies have recently pointed with alarm to documents showing that cellphones issued to Mr. Mueller’s team were erased during the investigation; Mr. Weissmann twice entered an incorrect passcode too often, triggering a security measure that erased his phone. In an interview, he portrayed the concerns as a “tempest in a teapot” and said his understanding was that all emails and other such data from phones were backed up. He called on the Justice Department to release information about the special counsel’s data backup system.

Mr. Weissmann also wrote that he is not “anti-Trump” but rather “pro the rule of law.” Still, the distinction is less than clear in a book that also portrays Mr. Trump as a liar and a dangerous demagogue trying “to peel the world around him away from the rule of law — away from reason itself — and mold it to accommodate his desire for unchecked power.”

Mr. Weissmann was equally scathing about Attorney General William P. Barr, calling him an enabler and likening his misleading letter last spring about the then-still-secret Mueller report as a betrayal and “gut punch.”

Read on… it’s good:

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