Wednesday, February 26, 2020
Miles from the Mainstream
D. R. ZUKERMAN, proprietor

Why the Mueller Appearance
Before Congress?

July 5, 2019 --

The New York Times reported June 26, that former special counsel Robert S. Mueller III will testify before the House Judiciary and Intelligence Committees on July 17 about hid investigation into collusion and obstruction of justice allegations against President Trump.

The news report noted that Mr. Mueller had said that his report "should speak for itself." On May 29, in a statement to the press, Mr. Mueller said: "There has been discussion about an appearance before Congress. Any testimony from this office would not go beyond our report." He added that the words in the report were chosen "carefully and the work speaks for itself. And the report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress."

Mr. Mueller also told reporters, May 29, "...I do not believe it is appropriate for me to speak further about the investigation or to comment on the actions of the Justice Department or Congress. And it's for that reason that I will not be taking questions today as well."

Mr. Mueller's acceptance of the subpoena to appear before the House Judiciary and Intelligence Committees is clearly inconsistent with his statement to the media May 29. Will he quote that statement to the committees? Will Mr. Mueller limit any answers he may give to quoting from his report? Or is this to be part of a congressional exercise in an extra-constitutional impeachment inquiry orchestrated by House Democrats?

Federalist No. 48 warned "that the powers properly belonging to one of the departments, ought not to be directly and completely administered by either of the other departments." The power of impeachment is given to the House of Representatives, and arguably, there is nothing in the Constitution to justify the use of the Justice Department as an arm of House Democrats intent on impeachment.