I view Mueller’s statement today as a flat declaration to Congress of “Do your job. I am not going to do your job for you, and I won’t help you do your job. Do it your own damn self.”
I believe Mueller believes his job was to conduct the narrowly constrained investigation he did, and to issue the narrowly constrained findings he did. I disagree with Mueller about this but his view is clearly within the range of valid interpretation of his role (at the very small “c” conservative end of that range). I view Mueller’s role as much more broad with more “prosecutorial discretion” but hey I’m just a punk-ass game player.
But here’s the thing: within the very narrow constrains Mueller imposed on himself by his narrow reading of the law and Constitution, he still did enough of a job to shift the burden of the next phase of work onto Congress. He found the legal and factual elements of obstruction of justice and that qualifies as impeachable offenses (Trump’s use of official power to obstruct justice and hinder investigation that hurts you personally or politically is pretty much text book “abuse of power” in the common law centuries of history of “high crimes and misdemeanors”). Mueller did his job, in a narrow legalistic way. He did not do the “public relations” or “political presentation” part of the job which is part of the process in our information dense society, but he clearly views that as Congress’s job.
And even though I think Mueller was way too narrow, he did in fact do enough that Congress’s job is now plain. They need to quit hoping that someone else will do the heavy lifting of presenting a strong case against Trump for them and do it their damn selves.
The way forward is clear: open impeachment hearings and continue issuing subpoenas for Trump’s financial info and for necessary testimony from McGahn, etc. Use the impeachment hearings as well as the additional evidence that will inevitably be produced to make a strong case for just how much of Trump abuses power and is unfit for office. If the hearings need to drag on due to resistance to subpoenas, etc., then they have to drag on, all the while pressure being maintained. Getting into a showdown with Mueller to try to force Mueller to say the magic words is a waste of time. Sitting back is cowardice and failure to fulfill the Constitutional duties of Congress. Pretending to “investigate” while not actually grasping the nettle and saying Forbidden Word of Impeachment is both cowardly and futile at this point.
Congress needs to open true impeachment hearings, to push their legal and constitutional investigation and discovery process as hard as they can, continue to reveal Trump’s rampant abuse of power, unfitness for office, and general criminality, and make the case, both publicly and politically that Trump is an unfit President. If it takes a full year or more, fine.
But I will agree with Mueller on this: It’s time for Congress to do it’s damn job, and that means in this context opening impeachment hearings. Wringing hands, waiting for Mueller to testify and save Congress is just wishing for unicorns. Congress needs to act. Period.
And if anyone says “OH that will just re-elect Trump”, please present actual evidence other than the deeply inaccurate analogy to the Clinton impeachment. It’s an inapt and invalid analogy, conclusively proven by a great deal of easily referenced historical facts and I categorically reject it. Also, if you take that position, you have to account for how the 2020 Dems will account for the Trump claims of total exoneration and his counter-attacks on political enemies when the “don’t call it impeachment” fizzles out, AND you have to account for Trump will be emboldened by not being held accountable. So unless you have strong evidence, plus a way to account for the Trump counter-attack, PLUS a way to account for Trump over-reaching after “victory”, any worries about “impeachment helping Trump” are IMO not valid counter arguments. And lastly, yes, impeachment is what Trump wants. But he’s also an idiot who will not admit to himself that he’s abusing his power, and who has a vastly simplistic view of politics. He’s not a political genius where doing what he wants is exactly the wrong thing. He’s so much of an idiot that his preferences should be disregarded in favor of good judgment.
And good judgment leads to the conclusion that impeachment hearings are now necessary.