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Wednesday, July 24, 2019

The Point: What Robert Mueller failed to do


July 24, 2019  | by Chris Cillizza and Lauren Dezenski

What Robert Mueller failed to do

Expectations were high among Democrats that former special counsel Robert Mueller's testimony on Capitol Hill Wednesday would be the spark they needed to persuade a skeptical American public that President Donald Trump had obstructed justice -- and, perhaps, that impeachment was the right recourse for the President's actions surrounding the probe into Russian interference in the 2016 election.

It didn't turn out that way.

That's not to say that Mueller's testimony in front of the House Judiciary and Intelligence committees was filled with great news for Trump.

Like Mueller's eponymous 448-page report detailing the findings of his nearly-two-year-long investigation into Russian interference and possible obstruction of justice, the former special counsel's testimony confirmed that he had not not cleared Trump on the obstruction charge nor was his report a total exoneration of the president. He said that Trump's praise for WikiLeaks was, at minimum, "problematic." He confirmed that the Russians wanted Trump to win and that Trump's campaign welcomed and encouraged those efforts. And that Trump could be charged with obstruction of justice once he leaves office.

But all of that was already in the report! While hearing it from Mueller may change some minds, it's hard to see any of those facts -- which we've now known for months -- fundamentally altering the narrative.

And it wasn't just that Mueller -- as many people close to him had predicted -- stayed very close to what was in the report, and was extremely cautious when even considering going beyond it. It was that he was not terribly effective as a witness. Period. And that inefficacy was born of three things:

1) He refused to answer lots and lots (and lots) of questions. In just the three-ish hours he spent with the Judiciary Committee on Wednesday morning, Mueller refused to answer more than 100 questions asked by members of Congress. (Many of these questions had to do with the Steele dossier and Attorney General William Barr -- both subjects Mueller said he wouldn't go near in his testimony.) That number topped 200 when you include his testimony before the House Intelligence Committee later in the day.

2) When he did answer key questions, he made things muddier. Here's one example: Democrats thought they had something when in response to this question from California Rep. Ted Lieu -- ''The reason, again, that you did not indict Donald Trump is because of OLC opinion that you cannot indict a sitting President, correct?" -- Mueller responded: "That is correct."

But as Arizona Rep. Debbie Lesko noted, Mueller's assertion ran directly counter to a joint statement in late May from the offices of the attorney general and the special counsel that read in part: "The attorney general has previously stated that the special counsel repeatedly affirmed that he was not saying that, but for the (Office of Legal Counsel) opinion, he would have found the President obstructed justice. The special counsel's report and his statement today made clear that the office concluded it would not reach a determination -- one way or the other -- about whether the President committed a crime."

Mueller, in front of the House Intelligence Committee later in the day, clarified that he had misspoke in his answer to Lieu. "I want to go back to one thing that was said this morning by Mr. Lieu who said, and I quote, you didn't charge the President because of the OLC opinion. That is not the correct way to say it," Mueller said. "As we say in the report, and as I said at the opening, we did not reach a determination as to whether the President committed a crime. With that, Mr. Chairman, I'm ready to answer questions."

3) Mueller was less than convincing or forceful. Yes, I know that the Twitter elite hate when journalists talk about "optics." But let's remember that a) the way most Americans consume events like this one is on TV and b) history has shown time and again that visuals matter in how people are perceived in politics. (Nixon-Kennedy debate in 1960, anyone?)

Mueller struggled mightily on the appearances front. He seemingly struggled to hear the questions asked of him. He struggled to find citations within his own report being using by members of Congress. He was halting in his responses and occasionally looked befuddled. While he seemed to rise to the task somewhat as the day went on, the perception of him as nothing short of the perfect prosecutor took a hit.

The Point: If no change in how people feel about the Mueller report and the Trump presidency is good news for the President, then Mueller's testimony was good news.

-- Chris

QUOTE OF THE DAY

"I stand by that which is in the report, and not so, necessarily, that which is not in the report."

-- Robert Mueller's that-sums-it-up reply to Rep. Devin Nunes during the hearing.

Exculpated


Defined by Merriam-Webster as "to clear from alleged fault or guilt."

As used by Robert Mueller in his testimony the House Intelligence committee: "The President was not exculpated for the acts he allegedly committed."

CHRIS' GOOD READS

How Charlottesville changed Trump, according to Jack Schafer

RBG wants you to know she's very much alive

This New York Times story on Neil Armstrong's death. Whoa boy.

Inside Josh Hader's amazing fastball

MUSICAL INTERLUDE

The first Whitney album was one of Chris' favorite records of 2016. And now the band has new music, with two new tracks called "Valleys (My Love)" and "Giving Up."

MEANWHILE, IN ARKANSAS

Today the state's law calling for "truth in labeling" for food products goes into effect, targeting items like Tofurkey, cauliflower rice, almond milk and more.

The law specifically singles out products labeled as meat that actually contain NO meat (like Tofurkey), or rice products that contain no rice (like cauliflower or broccoli rice), or milk products without milk (like almond or oat milk).

The law's stated aim is to protect consumers from being misled or confused by false or misleading labeling, since none of those products contain turkey, or rice or milk.

Those violating the new law face a $1,000 fine and civil penalty.

On Monday, the ACLU and a handful of other groups -- including the company behind Tofurkey -- filed suit in federal court.

🎧 Lauren has more on the beef behind Arkansas' anti-Tofurkey push in The Point's podcast. 

LAUREN'S CAMPAIGN TRAIL LATEST

Andrew Yang: Participated in a Reddit AMA, where he explained how he plans to pay for the Universal Basic Income, how he will stand out from the pack and his favorite Dungeons and Dragons characters/classes.

Elizabeth Warren: Won a completely unscientific but still tasty "cookie caucus" held by an Iowa school.

Joe Biden: Plans to go on offense about his criminal justice record at the next debate.

Tulsi Gabbard: Said Kamala Harris is "not qualified to serve as commander in chief," because she has "no background or experience in foreign policy and she lacks the temperament." 

YOUR DAILY GIF

From Brenna: "Remember the beginning of the Mueller testimony? We were so young then. VERY early this morning. Share The Point with someone in Pacific Time who was definitely asleep during this!"
We'd love to share our other newsletters with you. Follow this link for daily coverage of the world's top stories, savvy market insights, an insider's look into the media, and more. Send your tips and thoughts via email to Chris Cillizza and Lauren Dezenski. Follow Chris and Lauren on Twitter.
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