Office and staff would survive the Special Counsel's ouster and their
Epstein Suite indexes the text; the original document lives at its official source. We don't host the original file — view it on the official release to read it in full.
View the original on the official releaseDocument text
Text is machine OCR and may contain errors. Confirm against the original source above.
Office and staff would survive the Special Counsel's ouster and their
work preserved. And that actions taken by the Grand Jury would remain
in effect.
This, however, would probably not be true if the Attorney General
refused the next Special Counsel's budget request—due on July 1. That
would shut down the whole operation—the Special Counsel staff and
grand juries. There might, however, according to research the team has
prepared, be enough time between the order and the shuttering for the
Special Counsel to share the grand jury evidence with other federal
prosecutors, who might act on their own authority to pursue the
President.
The President's constitutional pardon powers appear to be some
of the most troubling and threatening issues for the Special Counsel. The
Counsel's office believes the President will use his pardon power as an
instrument to undermine the investigation.
According to present and former White House advisors, the
President's recent spate of pardons are in part his way of taunting the
Special Counsel. The White House, according to these sources, is aware
that the Special Counsel has concluded the President's pardon power is
near absolute: the President can certainly pardon himself, and others
involved in the investigation.
Early in June, the Special Counsel, believing that a pardon for
Michael Flynn was imminent, rushed to build a case that might form an
exception to the President's pardon authority. The argument, perhaps a
slim-thread one, tries to undermine what both the White House and
many outside legal authorities, and much of the Special Counsel's own
research, believes to be one of the few unchallengeable powers granted
the President. In effect, the Special Counsel continues the theme of it’s
case: there is a level of obstruction of justice that all reasonable men
might know when they see it. If you pardon someone to get yourself off
the hook, that’s a "corrupt" action. The constitution is not a statute that
you might violate, but a larger covenant which you might offend (or,
equally, that might protect you). Since the President is in charge of
upholding the constitution and much of the constitution is about
preventing corrupt acts or abuses of power, the pardon, in the case of
Michael Flynn, is, the Mueller team is set to argue, unconstitutional.
What's more, since there is an impeachment process in place—or there
are impeachment resolutions before congress—and impeachment is the
province of Congress, a pardon of a potential witness in this
HOUSE_OVERSIGHT_030263
Have a question about what this document contains?
Ask the documents