About two fortnights ago, almost all evidence of the Mueller investigation’s progress stopped. This was expected, as it is a Justice Department rule to not do things, like issuing indictments, from several weeks prior to an election, until after the election.
Coincidentally (?), yesterday, a document was released to the public that dates back to the days of Watergate. This document is, in essence, an indictment issued by the Watergate grand jury, bring charges against Nixon. However, since the policy was to not actually indict a sitting president, this special indictment was given, not to a federal prosecutor, but to the US House judiciary.
So, there are two things floating around in my head that I’m wondering about.
First, and most obvious, is this: Will next Wednesday, or at least, the latter half of next week and perhaps a day or two into the next work week, see a series of actions from Mueller? And if so, what?
Second, and less obvious, is this: The document that was released yesterday isn’t just a grand jury document, but also, the decision by a federal judge that this grand jury indictment-thingie should properly be passed to the house, secretly, just as a normal indictment would be passed to a federal prosecutor, secretly. The secrecy part is just because all grand jury proceedings are secret. It is then up to the prosecuting body to make things public by carrying out actual indictments and prosecutions, or in the case of the house, impeachment.
The point is, it is now federal case law that a Grand Jury investigating a president can hand over what would normally be an indictment to pass on to a federal prosecutor to the House Judiciary Committee, for their consideration. It is secret when that happens, and if the committee decides, it can remain secret.
So, is it possible that the Mueller grand jury has already written one of these embryonic indictments, and is planning to hand it over after the election? Or after the new House is sworn in? Depending on how the election goes????
Is it possible, in fact, that such a document has already been handed over, and is being ignored by the Republican leadership in the House? If so, will it be resubmitted to the new Congress later?
I suggested several weeks ago that there would not be any action until after the election. Now, I’m noting that the election is about to happen, so we can expect … something.
A little background: