Don’t Fall for the Biggest Misconception About Robert Mueller’s Endgame

We hear it again and again.

Mother Jones illustration; Jeff Chiu/AP

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Here’s the thing about special counsel Robert Mueller’s investigation into Russian election interference and Trump’s possible involvement: When it’s all over, don’t expect a tell-all public report. In fact, years of interviews, subpoenas, and a trail of documents could remain hidden forever. Is this a case of even more obfuscation? No, explains DC bureau chief David Corn in the latest episode of the Mother Jones Podcast, out Wednesday morning. That’s simply how these things work.

“I think this is one of the biggest misconceptions of the Mueller investigation,” Corn says. “I hear again and again, ‘Well, when is the Mueller report going to come out? And when that comes out won’t that reveal everything?’ And the answer is, there may not really be a Mueller report. And whatever comes out may not answer everything.”

Listen to the segment below:

Put simply, there is no legal requirement for Mueller to make his report public. “His mission here is to find crimes and prosecute,” Corn says. “If none of these things fall into the category of a prosecutable crime, that information may stay secret.”

In the podcast, Corn gives listeners the basic outline of what might happen at the end of Mueller’s tenure. If no charges are filed, then this is what is likely to happen: First, Mueller must write a report explaining his prosecutorial decision making that will go to Deputy Attorney General Rod Rosenstein, since Attorney General Jeff Sessions has recused himself from this whole affair. 

Rosenstein then has three basic options:

  • He could make the report public.
  • He could give it to Congress, and then Congress could make it public.
  • He could sit on it.

Congress might also demand the report from Rosenstein. In any case, Corn says, a federal prosecutor like Mueller is obligated to keep information private unless he or she decides to use it in an indictment or as evidence in a case.

Here’s the bottom line: There’s a very good chance that the public will never know what it doesn’t know. “Those Americans out there who are waiting for Robert Mueller to give us the full truth of what happened in terms of the Russian attack on the United States,” Corn warns, “we’re likely not to be satisfied.”

There’s more on this week’s podcast.

The midterm elections are in serious danger of being hacked, so why have the White House and its GOP allies in Congress done so little to combat the threat? Reporters Pema Levy and AJ Vicens discuss their new investigation into the escalating danger Russia poses to the 2018 elections.

“The Russians are back,” Levy says. “They’re interested in these midterm elections, and we’ve got several months to go before November. So I think people only expect that these attempts will be ramped up.”

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WE'LL BE BLUNT.

We have a considerable $390,000 gap in our online fundraising budget that we have to close by June 30. There is no wiggle room, we've already cut everything we can, and we urgently need more readers to pitch in—especially from this specific blurb you're reading right now.

We'll also be quite transparent and level-headed with you about this.

In "News Never Pays," our fearless CEO, Monika Bauerlein, connects the dots on several concerning media trends that, taken together, expose the fallacy behind the tragic state of journalism right now: That the marketplace will take care of providing the free and independent press citizens in a democracy need, and the Next New Thing to invest millions in will fix the problem. Bottom line: Journalism that serves the people needs the support of the people. That's the Next New Thing.

And it's what MoJo and our community of readers have been doing for 47 years now.

But staying afloat is harder than ever.

In "This Is Not a Crisis. It's The New Normal," we explain, as matter-of-factly as we can, what exactly our finances look like, why this moment is particularly urgent, and how we can best communicate that without screaming OMG PLEASE HELP over and over. We also touch on our history and how our nonprofit model makes Mother Jones different than most of the news out there: Letting us go deep, focus on underreported beats, and bring unique perspectives to the day's news.

You're here for reporting like that, not fundraising, but one cannot exist without the other, and it's vitally important that we hit our intimidating $390,000 number in online donations by June 30.

And we hope you might consider pitching in before moving on to whatever it is you're about to do next. It's going to be a nail-biter, and we really need to see donations from this specific ask coming in strong if we're going to get there.

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