The Special Counsel Era: Mueller, Hur, and the Investigation of Presidents

Rod Rosenstein, Deputy Attorney GeneralI have determined that a special counsel is necessary in order for the American people to have full confidence in the outcome. Robert Mueller has agreed to serve. He is a former FBI Director. He served under both Republican and Democratic presidents. He is universally respected.

Donald Trump, to Jeff SessionsOh my God. This is terrible. This is the end of my Presidency. I'm fucked. You were supposed to protect me. You should have never recused yourself. Everyone tells me I should fire Mueller.

SessionsMr. President, I would advise against that. Firing the special counsel would be seen as obstruction.

Mueller Report, Volume IThe investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government. The investigation identified numerous links between the Russian government and the Trump Campaign, but the evidence was not sufficient to charge any campaign official with a criminal conspiracy.

Mueller Report, Volume IIThe investigation examined ten episodes involving the President. The report does not conclude that the President committed a crime. It also does not exonerate him. If we had confidence that the President clearly did not commit a crime, we would have said so.

William Barr, Attorney GeneralThe Special Counsel did not draw a conclusion as to whether the examined conduct constituted obstruction of justice. The Deputy Attorney General and I concluded that the evidence is not sufficient to establish that the President committed an obstruction offense.

Mueller, in a letter to BarrThe summary letter did not fully capture the context, nature, and substance of this office's work and conclusions. There is now public confusion about critical aspects of the results of our investigation.

Robert Hur, to President BidenMr. President, the investigation has found classified documents at your former office and at your home in Wilmington. These documents date from your time as Vice President. Can you explain how they got there?

Joe BidenI did not know how the classified documents got there. I did not know they were there. And I did not intend to keep them. When my team found them, they immediately contacted the National Archives. I cooperated fully.

HurMr. President, the classified documents found at your home included a memo you wrote to President Obama arguing against the Afghanistan troop surge. You kept it in your garage. Next to your Corvette. Do you understand why that's a problem?

BidenI understand that classified documents should not be in a garage. I understand that now. At the time, I didn't think about it. I was leaving the Vice Presidency. I was packing up my office. That was a mistake. But I didn't know the documents were there.

Hur ReportWe conclude that no criminal charges are warranted. The evidence does not establish Mr. Biden's guilt beyond a reasonable doubt. Mr. Biden would likely present himself to a jury as a sympathetic, well-meaning, elderly man with a poor memory. It would be difficult to convince a jury that they should convict him of a serious felony that requires a mental state of willfulness.

Biden, in a press conferenceI'm well-meaning, and I'm an elderly man, and I know what the hell I'm doing. My memory is fine. My memory has not gotten worse. Look at what I've done since I've been President.

Hur, in congressional testimonyI did not sanitize my explanation. I did not unfairly disparage the President. I explained my decision. The President's state of mind was relevant. I stand by the report. My assessment was fair. It was based on the evidence. And it was necessary to explain my decision.

Trump, on Truth SocialThe Hur Report exonerates me! Biden had classified documents for decades, and nothing happens to him. I had a few boxes, and they raided Mar-a-Lago. Two systems of justice!

Legal analystThe difference between the two cases is obstruction. President Biden cooperated. He notified the Archives. He consented to searches. He sat for an interview. President Trump, according to the indictment, refused to return the documents, caused his lawyers to falsely certify compliance, and allegedly attempted to destroy evidence. The presence of classified documents is not the crime. The response to being asked to return them is the crime.

Hur ReportSeveral material distinctions between Mr. Trump's case and Mr. Biden's are clear. Unlike Mr. Biden, Mr. Trump allegedly obstructed justice. Unlike Mr. Biden, Mr. Trump allegedly engaged in extensive efforts to deceive investigators. Most importantly, unlike Mr. Biden, Mr. Trump is alleged to have willfully retained classified documents after being given multiple chances to return them.