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The wisdom of Trump's lawyers, and the accountability that must follow Mueller's report

Special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE did the job he was asked to do, seemingly unfazed by the mindless babble of speculating reporters or the panicked political arrows fired his way from all sides in Washington over nearly two breathless years.

On Friday, he completed that work and delivered a final report in the same understated style with which he accepted the job in May 2017. In between, he was as invisible and mythical as the Wizard of Oz, as he conducted a methodical investigation.

Let the record reflect these four instant takeaways:

  1. President TrumpDonald John TrumpIvanka Trump, Jared Kusher's lawyer threatens to sue Lincoln Project over Times Square billboards Facebook, Twitter CEOs to testify before Senate Judiciary Committee on Nov. 17 Sanders hits back at Trump's attack on 'socialized medicine' MORE was not indicted, nor did Mueller recommend an indictment against him for collusion or obstruction.
  1. There were no major disagreements between Mueller and his managers at the U.S. Department of Justice (DOJ).
  1. The Russians who tried to interfere in the 2016 election were exposed and charged — but no American was charged with any effort to conspire with Moscow and hijack the election.
  1. While nearly three dozen people were charged, including a few close to the president or who worked for his campaign, no one in proximity to the president was formally charged with colluding with Russia. Most, such as former national security adviser Michael Flynn or campaign adviser George PapadopoulosGeorge Demetrios PapadopoulosNot treason, not a crime — but definitely a gross abuse of power Tale of two FBI cases: Clinton got warned, Trump got investigated Trump says he would consider pardons for those implicated in Mueller investigation MORE, were charged with process crimes or felonies unrelated to the main case, as in Paul ManafortPaul John ManafortDOJ veteran says he's quitting over Barr's 'slavish obedience' to Trump Bruce Ohr retires from DOJ Don't forget: The Trump campaign gave its most sensitive data to a Russian spy MORE’s secretive, multimillion-dollar foreign lobbying spree through Ukraine.
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There still are other legal threats out there for Trump and his team, such as cases winding through the U.S. Attorney’s Office in Manhattan. And there will be days and weeks of debate about what’s in, and not in, the Mueller report.

What likely won’t get much debate, but unquestionably played an essential role in the history of the case and the outcome of the report, was the firm decision by Trump attorneys Jay SekulowJay Alan SekulowTrump cannot block grand jury subpoena for his tax returns, court rules Now, we need the election monitors Judge denies Trump's request for a stay on subpoena for tax records MORE and Rudy GiulianiRudy GiulianiFacebook, Twitter CEOs to testify before Senate Judiciary Committee on Nov. 17 Latest 'Borat' footage appears to show star at the White House, meeting Trump Jr. Kushner friend arrested on cyberstalking charges MORE to not let their client testify.

That’s not to say the president didn’t cooperate. His organization, campaign, inaugural committee and White House produced millions of pages of documents, and he submitted written answers to prosecutors about his conduct prior to Election Day. Nearly all key events were illuminated by this cooperation.

Such disclosure likely was enough to satisfy Mueller, since we know the prosecutor in the end didn’t force the president to testify by subpoena.

But the Trump legal team’s decision to steadfastly restrain their client from testifying — a client whose natural tendency is to fight when accused, tweet when challenged, and debate his detractors — almost certainly kept him from the sort of perjury traps that felled other figures in the case, such as Flynn and Papadopoulos, or that two decades earlier beguiled Bill ClintonWilliam (Bill) Jefferson ClintonThe Hill's Campaign Report: Trump, Biden face off for last time on the debate stage Trump expected to bring Hunter Biden's former business partner to debate Davis: On eve of tonight's debate — we've seen this moment in history before MORE as president. (Remember the Paula Jones deposition perjury?)

The public wants and deserves more transparency going forward. But while jeopardy lurked with an open criminal case, the president’s lawyers took a wise course that was in his personal legal interest. And that is what lawyers are supposed to do.

Now, Mueller’s investigations leave one major mission unfinished: meting out justice to the intelligence, congressional, FBI and DOJ officials who appear to have used a political dirty trick to falsely weave an unproven narrative of Russia collusion.

Unverified political opposition research never should be treated as actionable intelligence or Foreign Intelligence Surveillance Act (FISA) evidence, as it was in this case.

Just hours before Mueller’s report arrived, new evidence emerged of just how egregious the FBI acted in the early days of the Russia probe.

Fox News’s brilliant reporter Catherine Herridge obtained new text messages Friday showing Deputy FBI Director Andrew McCabeAndrew George McCabeHillicon Valley: CEOs of Google, Facebook and Twitter to testify before Senate | European Union police agency warns of increase in cybercrime | Twitter to remove posts hoping for Trump's death Graham officially schedules hearing on Trump's Supreme Court pick to start Oct. 12 The Hill's 12:30 Report: Trump eager to leave the hospital MORE and his chief lawyer, Lisa Page, were discussing credibility issues and “bias” about a key human source whose work was to support the FISA warrant used to first spy on the Trump campaign in October 2016.

Those credibility issues likely were hidden from the judges who approved the warrant of Trump campaign adviser Carter Page (no relation to Lisa Page). As I have reported, the FBI also possesses emails showing concerns with the evidence it was going to use to support the FISA warrant.

Likewise the bureau didn’t disclose to the court that:

Such omissions are so glaring as to constitute defrauding a federal court. And each and every participant to those omissions needs to be brought to justice.

An upcoming DOJ inspector general’s report should trigger the beginning of that accountability in a court of law, and President Trump can assist the effort by declassifying all evidence of wrongdoing by FBI, CIA and DOJ officials. 

Accountability also must be handed out in the court of public opinion, where senior members of Congress, such as Rep. Adam SchiffAdam Bennett SchiffGreenwald slams Schiff over Biden emails on Fox Hillicon Valley: DOJ accuses Russian hackers of targeting 2018 Olympics, French elections | Federal commission issues recommendations for securing critical tech against Chinese threats | House Democrats slam FCC over 'blatant attempt to help' Trump Federal commission issues recommendations for securing critical tech against Chinese threats MORE (D-Calif.) and Sen. Mark WarnerMark Robert WarnerSenate Intel leadership urges American vigilance amid foreign election interference Intel officials say Iran, Russia seeking to influence election Senate Intel leaders warn of election systems threats MORE (D-Va.), and former members of the intelligence community, such as John BrennanJohn Owen Brennan50 former intelligence officials warn NY Post story sounds like Russian disinformation Not treason, not a crime — but definitely a gross abuse of power Trump fires off dozens of tweets while recuperating at White House MORE and James ClapperJames Robert ClapperIs America ready to return to the Obama-Biden foreign policy? Why the Nobel Prize shows the US and China need to work together on gene editing Trump suggests Gold Star families could have infected him MORE, along with several major news organizations, spun tall stories of a Watergate-sized criminal conspiracy between Donald Trump and Vladimir PutinVladimir Vladimirovich PutinTrust and transparency are necessary to make COVID-19 vaccine successful Biden: Countries that interfere in US elections will 'pay a price' Biden swipes at Trump ally Giuliani at debate: He's 'being used as a Russian pawn' MORE.

Mueller’s anticlimactic finish to the special counsel’s probe on Friday made clear no such Trump-Putin criminal conspiracy existed. If it did, it would have been charged.

Trump can help the American public reconcile these issues, too, by declassifying all briefings to Congress’s “Gang of Eight” leadership, so that the public can see what our leaders were being told behind closed doors and what they were claiming on the public airwaves.

This accountability is essential to ensuring the nation never endures another travesty like the Russia collusion narrative.

John Solomon is an award-winning investigative journalist whose work over the years has exposed U.S. and FBI intelligence failures before the Sept. 11 attacks, federal scientists’ misuse of foster children and veterans in drug experiments, and numerous cases of political corruption. He serves as an investigative columnist and executive vice president for video at The Hill.