The report by Special Counsel Robert Mueller on the Russia meddling probe proves that President Donald Trump couldn't be prosecuted for obstruction of justice, a former independent counsel said Thursday.
Fox News contributor Sol Wisenberg said that while parts of Mueller’s report were “very, very embarrassing” for Trump, it does not support an obstruction of justice charge.
“Well, I’ve read maybe about 30 or 40 pages of the 400 to 500-page report… I went straight to the obstruction part,” he said on Fox News’ “America’s Newsroom.”
Wisenberg, who served as Deputy Independent Counsel during the Whitewater and Clinton-Lewinsky investigations, concluded that nothing he saw in the report “comes close to any case law that I know that would support an obstruction of justice charge.”
“Nothing, in my view, and I’ve been very consistent on this, that comes close to criminal obstruction of justice,” he said. “Whether or not Congress wants to look at it as part of a political impeachment, that’s something different.”
Wisenberg went on to praise the “brilliant strategy” by Trump’s attorneys to not have the president interviewed by Mueller’s team. He reiterated that it would have been “suicidal” for the administration had Trump been allowed to be interviewed.
“Not necessarily that they were trying to frame him, but it’s always dangerous for a person in a white collar investigation, who is at minimum a subject, to go in for that kind of questioning when the prosecutors know the case, top to bottom, backward and forwards,” he said, adding that while he did not agree with all of the tactics of Trump’s lawyers throughout the investigation, this was a “brilliant and tactical decision.”
Mueller’s report, which was released late Thursday morning, notes that the special counsel could not clear Trump on obstruction of justice. Attorney General William Barr and Deputy Attorney General Rod Rosenstein decided that the information laid out in the report showed no prosecutable obstruction by the president or his administration.