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oversees the Mueller team. Indeed, Rosenstein, as recently as April,
publicly declared that the President was not a target. This may have
been a form of fig leaf to soothe a President who regularly demands
aides assure him he is not being pursued: the President does not
become a formal target until Rosenstein agrees to designate him as one.
The proposed indictment confronts Rosenstein with matters with
which he has been intimately involved. The case, according to my
conversations with White House and other sources familiar with the
investigation, is fundamentally Trump versus the FBI, Justice
Department, and Mueller investigation itself. In many ways, it boils
down to the word of former FBI Director James Comey against the word
of Donald Trump. Rosenstein, at the President's behest, drafted a memo
justifying the Comey firing for how the former FBI Director handled the
Hillary Clinton email investigation. But that justification, in an
embarrassment for Rosenstein, was shortly brushed aside by the
President when he admitted that he fired Comey to disrupt the Russian
investigation. What's more, the indictment is said to charge that the
firing of Andrew McCabe, the former Deputy Director of the FBI, who
reported directly to Rosenstein after the Comey dismissal, was an
instance of illegal retaliation by the President against a potential
witness.
According to a source with knowledge of the proposed
indictment, it will be all the more controversial because if finds the
entire narrative of the case for obstruction in plain sight. Almost nothing
about the case involves new information. "This indictment could have
been drafted without anyone being interviewed," said this source.
Rather it takes well covered public events and moves them to a set of
circumstantial conclusions. There is no smoking gun beyond the often
flagrant, custom-breaking, events of the President's 16 months in office.
Indeed, much of the evidence is based on the President's public
statements and tweets about those events.
This is, according to White House sources who have gotten wind
of this approach, good news: the case then, is just an issue of what
motives you ascribe to the President's behavior—behavior that is, the
President's supporters believe it is easy to show, impulsive and not
thought out. Hence no intent. For the Mueller team, it is precisely that
careless behavior and flagrant disregard for the rules that they aim to
put on trial.
There is no certainty that the Special Counsel's office will
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