SPONSORED:

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

Special counsel Robert MuellerRobert (Bob) MuellerSenate Democrats urge Garland not to fight court order to release Trump obstruction memo Why a special counsel is guaranteed if Biden chooses Yates, Cuomo or Jones as AG Barr taps attorney investigating Russia probe origins as special counsel 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 TrumpVirginia GOP gubernatorial nominee acknowledges Biden was 'legitimately' elected Biden meets with DACA recipients on immigration reform Overnight Health Care: States begin lifting mask mandates after new CDC guidance | Walmart, Trader Joe's will no longer require customers to wear masks | CDC finds Pfizer, Moderna vaccines 94 percent effective in health workers 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 PapadopoulosTrump supporters show up to DC for election protest Trump pardons draw criticism for benefiting political allies Klobuchar: Trump 'trying to burn this country down on his way out' MORE, were charged with process crimes or felonies unrelated to the main case, as in Paul ManafortPaul John ManafortThere was Trump-Russia collusion — and Trump pardoned the colluder Treasury: Manafort associate passed 'sensitive' campaign data to Russian intelligence Hunter Biden blasts Trump in new book: 'A vile man with a vile mission' MORE’s secretive, multimillion-dollar foreign lobbying spree through Ukraine.
ADVERTISEMENT

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 SekulowThe Hill's Morning Report - Presented by TikTok - New video of riot unnerves many senators Trump legal switch hints at larger problems Trump, House GOP relationship suddenly deteriorates MORE and Rudy GiulianiRudy GiulianiGiuliani hires attorneys who defended Harvey Weinstein The FBI should turn off the FARA faucet Michael Cohen on Giuliani's legal fees: He won't get 'two cents' from Trump 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 ClintonObama calls on governments to 'do their part' in increasing global vaccine supply China's emissions now eclipse the developed world — preventing climate protection Trump endorses Glenn Youngkin in Virginia governors race 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 McCabeThe FBI should turn off the FARA faucet John Durham's endgame: Don't expect criminal charges Carter Page sues over surveillance related to Russia probe 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 SchiffLone wolf actors post greatest domestic terror threat, FBI, DHS conclude State calls for Azerbaijan to pull back forces from Armenia border DNC plans to project image calling GOP 'party of Trump' on his DC hotel after Cheney vote MORE (D-Calif.) and Sen. Mark WarnerMark Robert WarnerBiden signs executive order to improve federal cybersecurity Overnight Defense: Former Pentagon chief to testify about Capitol riot Wednesday | Senate Intelligence chairman wants Biden to review US Space Command move Wyden: Funding infrastructure with gas tax hike a 'big mistake' MORE (D-Va.), and former members of the intelligence community, such as John BrennanJohn Owen BrennanOvernight Defense: Capitol Police may ask National Guard to stay | Biden's Pentagon policy nominee faces criticism | Naval Academy midshipmen moved to hotels Republicans blast Pentagon policy nominee over tweets, Iran nuclear deal Online and frighteningly real: 'A Taste of Armageddon' MORE and James ClapperJames Robert ClapperDomestic security is in disarray: We need a manager, now more than ever Will Biden provide strategic clarity or further ambiguity on Taiwan? 140 national security leaders call for 9/11-style panel to review Jan. 6 attack MORE, along with several major news organizations, spun tall stories of a Watergate-sized criminal conspiracy between Donald Trump and Vladimir PutinVladimir Vladimirovich PutinTime for jaw-to-jaw with Moscow Hillicon Valley: Colonial pipeline is back online, but concerns remain | Uber, Lyft struggle with driver supply | Apple cuts controversial hire Menendez calls on Biden to support Armenia amid rising tensions with Azerbaijan 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.