Democrats on the House Judiciary Committee publicly stated that they thought Robert Mueller was going to publicly testify on May 15th – and when they learned it wasn’t going to happen, they didn’t seem too upset about it. Now we know why they were confident Mueller’s testimony would happen soon enough, and why Mueller was waiting.
Last night Robert Mueller’s prosecutorial team – which apparently still exists on some level – made a court filing in the Michael Flynn case, despite the fact that it wasn’t under obligation to do so, and it wasn’t even close to being up against any deadline. The filing revealed that Flynn witnessed Trump and his underlings commit several crimes. This in turn prompted the judge in the case to order that far more evidence of these crimes be publicly released soon. This, of course, wasn’t coincidence.
With his filing yesterday, Mueller is essentially unredacting the most important pieces of his own report by force, in a way that Attorney General William Barr can’t stop. If Mueller had publicly testified on the 15th as originally planned, would he have been legally able to discuss the Trump crimes that Flynn witnessed? But now that Mueller has found a way to force the Flynn stuff into the public purview, there’s nothing that Trump and Barr can even try to do to stop Mueller from testifying about the Flynn stuff.
We’ll see if Robert Mueller makes other similar moves in the coming days in order to force the key findings of his probe into public view. But it’s now fairly obvious why he’s been waiting to testify. Why fight with Barr’s compromised DOJ about what you can testify about, when you can instead use the courts to change the entire playing field?
Bill Palmer is the publisher of the political news outlet Palmer Report