Mueller Missed the Crime: Trump’s Campaign Coordinated With Russia

My new piece.

“Mueller’s legal errors meant that:

1) he failed to conclude that the Trump campaign criminally coordinated with Russia;

2) he failed to indict Manafort & Gates for campaign crimes (see concise timeline);

3) the 10 acts of obstruction in Volume II fell flat among the general public because it lacked compelling context of these underlying crimes between the campaign and Russia. On top of these errors, the former special counsel said he deliberately wrote the report to be unclear because it would be unfair to make clear criminal accusations against a president.

Here is a short, concise timeline of 10 events to show that Mueller found criminal coordination in the back-and-forth between the Trump campaign and the Russian government. Puzzlingly, Mueller omitted some of these events from Volume I, but revealed them in other Mueller team indictments or from Volume II, another strange error…

See especially August 2 on Manafort sharing 70 pages of polling data with Russian spy Kilimnik, highlighting target states Wisconsin, Michigan, Minnesota, and Pennsylvania:

“In fact, this episode leads to one of the most dumbfounding passages in the report: “The Office could not reliably determine Manafort’s purpose in sharing internal polling data with Kilimnik during the campaign period.” Mueller entertains Manafort’s assertion that this sharing was “good for business.” Because the polling showed off Manafort’s skills with color graphics? No, because it was valuable coordination between the campaign and Manafort’s oligarch sponsors.

Even if one takes the most charitable interpretation of Manafort’s denial of coordination (to “resolve [Deripaska’s] outstanding lawsuits”), Manafort is essentially confessing to conspiracy/quid pro quo. This is the Mueller Report in a microcosm: he has evidence that Manafort committed two different kinds of crimes, yet he bends over backward to a known liar to conclude that instead of both crimes, it was neither.”

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.

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