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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 indictment could have been drafted without
anyone being interviewed," said one source. This is, from the
perspective of White House sources good news: the case then, is just an
issue of what motives are ascribed 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
constitutional standards that they hope-to put on trial.
According to a source involved in the Mueller strategy, the plan to
indict the President is now "more advanced" than it was when the terms
of the indictment were agreed earlier in the year. In the intervening
months, the president’s lawyers, spokespersons and surrogates have
staged a very public debate about whether such a legal proceeding
would be constitutional—in effect trying to discredit, ahead of time, any
prosecutorial action the Special Counsel’s office might take. This may be
a preemptive response to an indictment they expect is forthcoming. It
may also be an effort to pressure Rosenstein. It may even be an effort to
convince Mueller of that, since some in the White House believe that
that the plan to indict is not a strategy yet embraced by the whole
Special Counsel’s office, but one that is being advocated only by its most
virulently anti-Trump purists on the investigative team—most notably
by the number two lawyer under Mueller, Andrew Weissmann.
It may be noteworthy that there appears now not to be plan for an
indictment related to collusion, although, legal experts say, that could
come later and may depend on new information from the investigation
of the President's personal attorney, Michael Cohen. It is also possible
that alternative plans have been made—preparation for more expansive
indictments, for instance, or for a broader report that would include the
allegations of obstruction but not seek to indict the President.
The White House view is that without the underlying collusion
charge—"real collusion," in the words of one White House advisor, “and
not just a bunch of Facebook ads and some trolls"—Mueller will be
presenting a weak and politically-motivated case. "That's a witch hunt,"
said the advisor. The view of the Mueller team, or at least that of its
most ardent members, seems to be that the obstruction charges go to
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