General Discussion
In reply to the discussion: The tragic Non-decision made by Mueller reminds me of the movie Saving Private Ryan. [View all]Jarqui
(10,911 posts)Captain Miller had some choices as did Mueller. But Captain Miller had two options that were likely or certain to end the risk of this soldier rejoining the fight: send two of his men back with him to turn him in as a prisoner of war or kill him on the spot. Mueller did not have a certain choice nor even a likely choice.
If Mueller chose to indict, he had to know from the March 5th adversarial meeting with Barr that Barr would stick to DoJ policy that one cannot indict a sitting President. Mueller had to sense he wasn't going to get a fair shake from Barr at that point - they argued and Barr was already on the record with his thoughts on obstruction that were not shared by Mueller. Mueller would be accusing a man of a crime or more who could not clear his name in a trial - so the GOP and others could criticize with reason on their side and that would hurt chances of impeachment succeeding.
If Mueller chose to recommend impeachment, he would be criticized by the GOP and others for overstepping his bounds and tainting the process. The decision of whether or not to impeach belongs to Congress - not the DoJ or special prosecutor. Doing this would give the GOP ammunition that Trump was being treated unfairly.
Unlike Captain Miller, Mueller did not have much choice other than to do what he did - write a report that outlined the crimes Trump committed and state he could not exonerate Trump of criminal behavior. He left the decision to impeach to Congress as it rightfully should. Under 'normal' circumstances, that would bring the matter to an end. They would impeach and remove Trump.
But we are not living in 'normal' times. Nancy Pelosi is having the same problem. She knows Trump is a crook. She knows the House would be likely to vote to impeach. But she also knows public opinion to impeach is currently not enough to overcome a corrupt, biased GOP Senate and that failure to impeach might help Trump win in 2020. The GOP and Trump are baiting Pelosi to impeach Trump right now because they know the Senate won't let it happen and it will probably backfire on the Dems 2020 chances.
So that is where we are. And we are here without the choices Captain Miller got.