20 April 2019

Vox: The Mueller report’s collusion section is much worse than you think

We learned that, after Trump publicly called on Russia to find Hillary Clinton’s emails, he privately ordered future National Security Adviser Michael Flynn to find them. Flynn reached out to a man named Peter Smith who (apparently falsely) told a number of people that he was in contact with Russian agents. [...]

As the report takes pains to point out, “collusion” has no legal definition and is not a federal crime. So while the report did not establish conspiracy or coordination, it does not make a determination on “collusion” — and in fact, it strongly suggests that there was at least an attempt to collude by Trump’s campaign and agents of the Russian government. [...]

Although Attorney General William Barr said that there was “no collusion” in his press conference before the report’s release, Mueller is actually quite explicit that he did not address the question of “collusion.” This is because, to his mind, the term is not precise enough, nor does it fall within the ambit of what was essentially a criminal investigation. [...]

I want to be clear: I am not disputing Mueller’s conclusions on whether a crime was committed. Criminal conspiracy has a very particular legal definition, and Mueller is persuasive on why none of the activities detailed in the report constituted illegal “coordination” in a way that would run afoul of the statute. [...]

What the report finds is not clear-cut evidence of a quid-pro-quo. Instead, what we see is a series of bungled and abortive attempts to create ties between the two sides, a situation in which the Trump team and Russia worked to reach out to each other (and vice versa) without ever developing a formal arrangement to coordinate.

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