THE MUELLER TEAM COULD WRAP UP THEIR WORK AS EARLY AS NEXT
MONTH AND A REPORT COULD BE
READY FOR THE ATTORNEY GENERAL
TO LOOK AT IN MARCH.
ALL RIGHT, THIS IS GOING TO BE A
PHRASE THAT WE’RE GOING TO HEAR
A LOT IN THE NEXT THREE MONTHS.
THE MUELLER REPORT, IT SEEMS
LIKE WE HAVE TWO BATTLES HERE,
ONE WILL BE WHAT IS IN IT, HOW
MUCH IS THIS LIKE NIXON TAPES
REDOCS.
REDOCS. >> IT WILL NOT BE THE PROSECUTOR
VERSUS THE PRESIDENT.
THE FIGHT WILL BE THE PRESIDENT
VERSUS CONGRESS.
VERSUS CONGRESS. AND THAT, THE PRESIDENT IS IN A
STRONGER POSITION IN THAT
CONTEXT WITH RESPECT TO
EXECUTIVE PRIVILEGE, BUT IT WILL
BE A BATTLE ROYAL IF THE
PRESIDENT WANTS IT TO BE.
MUELLER ASSUMING ALL OF THESE
STORIES ARE ACCURATE, MUELLER
WILL FILE HIS REPORT AND WE WILL
HAVE AN IMMEDIATE BATTLE OVER
WHETHER AND HOW MUCH OF THAT
REPORT GETS MADE PUBLIC NAP WILL
BE
BE -- AND THAT WILL BE AN INTENSE
THING.
THING. >> RUDY GIULIANI SAID THE
PRESIDENT’S LAWYERS MADE CLEAR
THEY WANT TO SEE THE COMPLETED
REPORT BEFORE THE DEPARTMENT
DECIDES WHAT TO SHARE WITH
CONGRESS, BECAUSE THE SAME IS
WHETHER OR NOT THEY THINK SOME
PARTS SHOULD BE PRIVATE UNDER
EXECUTIVE PRIVILEGE.
EXECUTIVE PRIVILEGE. IS THAT LEGAL?
I KNOW TECHNICALLY THEY OVERSEE
THE JUSTICE DEPARTMENT, BUT THEY
COULD OVERSEE THE REPORT?
>> WHAT IS LEGAL, WHAT’S
CONSTITUTIONALLY WITHIN THE
PRESIDENT’S POWER, AND WHAT’S
PROPER, ARE NOT REALLY THE SAME
THING HERE, RIGHT?
THE PRESIDENT HAS THE POWER TO
DIRECT THE CONDUCT OF THE
JUSTICE DEPARTMENT.
JUSTICE DEPARTMENT. IS IT APPROPRIATE FOR THE
PRESIDENT TO BE, AND HIS
LAWYERS, TO BE REVIEWING A LAW
ENFORCEMENT ACTION BEFORE IT IS
THE JUSTICE DEPARTMENT DECIDES
WHAT TO DO WITH IT?
IN MY OPINION ABSOLUTELY NOT.
RUDY GIULIANI AND I DON’T SEE
EYE TO EYE ABOUT A LOT OF
MATTERS OF PROPRIETY ABOUT THIS.
>> WILL WE SEE SOMEONE READING
IT INTO THE RECORD?
IS THAT THE KIND OF TACTICS THAT
CONGRESSIONAL DEMOCRATS MIGHT
HAVE TO USE IF THEY GET INTO
THIS?
THIS? IF THEY LOSE THE COURT FIGHT?
>> I THINK THERE IS A QUESTION
THAT WE SHOULD ASK BEFORE THAT,
WHICH IS HOW IS MUELLER GOING TO
WRITE THE REPORT.
YOU KNOW HE IS IN THE SAME
POSITION AS THE REST OF US.
WHICH IS TO SAY HE READ THE
WASHINGTON POST THIS MORNING AND
KNOWS THAT THE WHITE HOUSE IS
GEARING UP TO FIGHT HIM ON THESE
GROUNDS.
GROUNDS. HE KNOWS EVERYTHING THAT WE
KNOW, AND HE ALSO KNOWS A WHOLE
LOT MORE WHICH IS WHAT WILL BE
IN THE REPORT.
IF YOU WERE BOB MUELLER IN THOSE
CIRCUMSTANCES, HERE IS SOMETHING
YOU MIGHT THINK ABOUT DOING.
YOU MIGHT THINK ABOUT TAKING ALL
OF THE MATERIAL PLAUSIBLY
COVERED, ALL OF THE MATERIAL
THAT IS CLASSIFIED, ALL THAT IS
COVERED BY GRAND JURY SKRESECREC
AND SUMMARIZING IT.
AND WHEN YOU ISSUE YOUR REPORT,
THE PUBLIC STATEMENT IS THAT IT
SIMPLY MENTIONED THAT YOU HAVE A
DETAILED REPORT AND AN EXECUTIVE
SUMMARY
SUMMARY SUMMARY.
SUMMARY. CONGRESS GOES OFF THE EXECUTIVE
SUMMARY FIRST.
SUMMARY FIRST. >> THERE HAS ALSO BEEN SOME -- I
WOULD CALL IT INFORMED
SPECULATION, THAT MANY OF THESE
LEGAL FILINGS ARE ACTUALLY
LITTLE PIECES, THE NARRATIVES,
ARE THE BEGINNINGS OF THE
MUELLER REPORT, ITSELF.
IF YOU START PUTTING THEM ALL
TOGETHER THAT YOU CAN SEE THE
NARRATIVE THAT HE WILL DRAW.
IS IT POSSIBLE THAT THE REPORT
BASICALLY, IF HE HAS TO, HE CAN
PUT SOME OF THE STUFF HE IS MOST
CONCERNED ABOUT GETTING COVERED
UP IN A COURT FILING.
>> THERE IS CERTAINLY THAT
POSSIBILITY, BUT I THINK THERE
IS ANOTHER POSSIBILITY, TOO.
WHICH IS THAT WE ALL ASSUME THAT
BOB MUELLER WILL WRITE A REPORT
THAT IS FACTUALLY RICH AND TELL
US THE WHOLE STORY, AND THAT IS
REALLY CONDITIONED BY THE STAR
REPORT.
REPORT. HE MAY NOT SEE THAT AS THE
MISSION HERE, THE REGULATION
UNDER WHICH HE IS SERVING
DOESN’T SAY WHAT KIND OF REPORT
HE IS SUPPOSED TO WRITE.
MAYBE IT WILL BE A VERY SPARE
REPORT THAT SAYS I BROUGHT 38
CASES, I SUBMITTED 800
SUBPOENAS, I TALKED TO THIS
NUMBER OF WITNESSES, YOU CAN
IMAGINE A VERY RESTRAINED REPORT
THAT REALLY DOESN’T CONSIDER IT
HIS JOB TO TELL US THE WHOLE
STORY OF WHAT HAPPENED.
>> ALL RIGHT, LET ME PUT OUT
ANOTHER THEORY, THEN, WHAT IF
THE REPORT IS IN HIS HEAD, AND
HE IS SUBPOENAED TO TESTIFY
BEFORE CONGRESS.
BEFORE CONGRESS. >> I THINK THAT IS A VERY
IMPORTANT POSSIBILITY, AND IT IS
ONE OF THE ULTIMATE WEAPONS THAT
MUELLER HAS.
MUELLER HAS. EXECUTIVE PRIVILEGE IS A GREAT
MIK
MIK MECHANISM FOR THE PRESIDENT FOR
A WITNESS THAT DOESN’T WANT TO
TESTIFY.
TESTIFY. AND WANTS AN EXCUSE, OR A
PLAUSIBLE LEGAL BASIS AND SAYS
I’M NOT GOING TO ANSWER YOUR
QUESTIONS.
QUESTIONS. AS JIM COMEY SHOWED, IT IS A
TERRIBLE MECHANISM TO PREVENT
SOMEONE THAT WANTS TO TESTIFY.
WOULD HE ASSERT EXECUTIVE
PRIVILEGE.
PRIVILEGE. AND COMBYEY SAYS YOU CAN DO
WHATEVER YOU WANT.
>> THE REPORT IS IN HIS HEAD,
DEPENDING ON THE QUESTIONING
THAT COMES FORWARD.
THE WHITE HOUSE SAYS EXERTS
EXECUTIVE PRIVILEGE, DOES THAT
IMMEDIATELY GO TO THE SUPREME
COURT.
COURT. >> NO, I THINK IT IS REALLY,
ULTIMATELY, MUELLER CAN SHOW UP
THE NEXT DAY UNDER SUBPOENA AND
UNLESS THERE IS AN INJUNCTION,
HE CAN TESTIFY IN RESPONSE TO
THEIR QUESTION.
THEIR QUESTION. >> SO THEY WOULD HAVE TO GO TO
COURT AND SEEK AN INJUNCTION.
>> NOTHING LIKE THAT HAS
HAPPENED BEFORE, SO MUELLER’S
ULTIMATE WEAPON HERE IS THE
ABILITY TO GO AND DO THAT.
>> WE JUST OUTLINED THE MUELLER
REPORT WILL THE BE PUBLIC.
THERE IS NO WAY THIS THING GETS
SQUASHED.
SQUASHED. >> I BELIEVE IF THERE IS
MATERIAL THAT MUELLER WANTS TO
MAKE PUBLIC, HE CAN WRITE A
REPORT IN A FASHION THAT WILL
MAKE IT PUBLIC.
HE CAN -- CONGRESS CAN LITIGATE
FROM THE EXECUTIVE TO MAKE KEY
PORTIONS PUBLIC, AND ULTIMATELY
BOB MUELLER CAN GO TALK ABOUT
HIS FINDINGS.