Thoughts on Mueller’s Work Product

Let’s face it:  I don’t know what Mueller has, and neither do you.  The known unknowns about his work product will be the subject of a post tomorrow.  That said, there are enough facts in the public record to make the following predictions:

1.  The work product will be a report, not an indictment of Trump.  There are too many questions about whether a sitting president can be indicted to go down that path, and in any event, it would probably be outside the scope of Mueller’s authority.

2.  The work product will ultimately take no position on whether Trump’s actions constitute impeachable offenses.  “High crimes and misdemeanors” is ultimately a political question for Congress, not a purely legal question.

3.  Mueller will opine as to whether Trump committed indictable offenses.  His report will contain a factual narrative and his opinions on this legal question.  Whether it goes beyond that to identify critical political issues involving “collusion” and discuss the credibility of witnesses is one of the key known unknowns that I will address tomorrow.