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The Special Counsel's office, nearly leak-proof since its inception more
than a year ago, can appear to be operating in some parallel universe
unmoved by the every-day political turmoil. But in the course of
conversations I've had researching a new book on President Trump and
the forces arrayed against him, it has become clear that Robert Mueller
and his office are already preparing for a life or death confrontation
with the President and the mother of all constitutional crises.
Over the last several months the Mueller office has prepared a
possible indictment of the president on charges related to obstruction of
justice and devised a legal strategy to navigate the inevitable fallout
from such an indictment.
My discussions have been with both White House advisors and
people close to the investigation—that is, sources on both sides of the
possible conflict. No source involved in this story would speak on the
record. But in broad-strokes each side's understanding matches the
account provided to me by the other side.
Since at least April the Special Counsel has had in place a set of
allegations, proposed charges, and an aggressive legal theory to support
the indictment of the president on obstruction charges. In the last few
weeks, as the President has indulged his pardon authority, the Mueller
team has also developed a legal basis to oppose what the Special
Counsel believes will be a likely pardon of former National Security
Advisor, Michael Flynn—who had previously struck a plea bargain
which could include his testimony against the President—and what it
believes to be another step in the President's obstruction efforts.
At this point, the case for indictment has, in effect, a judge of one,
since the Mueller team must get the approval of Deputy Attorney
General Rod Rosenstein to proceed. As recently as April, Rosenstein
publicly declared that the President was not a target, but this may have
been a kind of fig leaf: technically the President does not become a
formal target until Rosenstein agrees to designate him as one. It may
also illustrate a conflict between the Deputy Attorney General and the
investigators he has overseen since the recusal of Attorney General Jeff
Sessions from the Russia-related investigation—though, according to
one source, Mueller believes he does have the support of his boss.
The proposed indictment would be all the more controversial
because it finds the entire narrative of the case for obstruction in plain
sight. Almost nothing in it-involves new information; rather, it takes
well-covered public events and moves them to a set of circumstantial
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