WASHINGTON (AP) — America has waited a year to hear what special counsel Robert Mueller concludes about the 2016 election, meddling by the Russians and — most of all — what Donald Trump did or didn’t do. But how much the nation will learn about Mueller’s findings is very much an open question.
Deputy Attorney General Rod Rosenstein may end up wrestling with a dilemma similar to the one that tripped up fired FBI director James Comey: How much to reveal about Trump’s actions in the event the president is not indicted. Rosenstein, who lambasted Comey for disclosing negative information about Hillary Clinton despite not recommending her for prosecution, may himself have to balance the extraordinary public interest in the investigation against his admonition that investigators should not discuss allegations against people not prosecuted.
The quandary underscores how there’s no easy or obvious end game for the investigation, which last month reached its one-year anniversary. Though Mueller is expected to report his findings to Rosenstein, there’s no requirement that those conclusions be made public. And whatever he decides will unfold against the backdrop of a Justice Department inspector general report that reaffirmed department protocol against making public statements about people who aren’t charged.
“Those are going to be the hard questions at the end of Mueller’s investigation: What is the nature of that report, and which if any parts are provided to Congress and the public,” said Georgetown law professor Marty Lederman, a former official in the Justice Department’s Office of Legal Counsel. “There’s just no way for us to know what if any parts of those reports can be made public or should be made public or will be made public.”
A forthcoming decision by Trump and his lawyers on whether to sit for an interview with Mueller, who is examining whether the president sought to obstruct justice, could hasten the conclusion of the investigation with regard to the White House.
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