Charging Trump ‘was not an option’

US Special Counsel Robert Mueller yesterday said his investigation into Russia’s interference in the 2016 election was never going to end with criminal charges against President Donald Trump and indicated it was up to Congress to decide if impeachment proceedings are justified.

In his first public comments since starting the investigation in May 2017, Mueller said Justice Department policy prevented him from bringing charges against a sitting president, telling reporters it was “not an option we would consider.”

But he also said his two-year investigation did not clear Trump of improper behaviour and pointed out there were other ways to hold presidents accountable.

“The Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing,” Mueller said as he announced his resignation from the Justice Department.

Democrats in Congress are debating whether to try to move ahead with impeachment, an effort that is almost certain to fall short in the Republican-controlled Senate.

The White House and several top Republicans said it was time to move on to other matters, while several Democratic presidential candidates called for impeachment.

“What Robert Mueller basically did was return an impeachment referral,” Senator Kamala Harris said on Twitter.

A redacted version of Mueller’s report was published in April, concluding that Russia repeatedly interfered in the 2016 election and that Trump’s election campaign had multiple contacts with Russian officials, but did not establish a criminal conspiracy with Moscow to win the White House.

Mueller’s report declined to make a judgment on whether Trump obstructed justice, although it outlined 10 instances in which Trump tried to have Mueller fired or otherwise impede the investigation.

“If we had confidence that the president clearly did not commit a crime, we would have said so,” Mueller said. “We did not, however, make a determination as to whether the president did commit a crime.”

Matthew Jacobs, a former federal prosecutor, said he thought Mueller was “saying in his own way that a crime was committed.”

A source close to Trump said the Mueller statement amounted to a “bad day for the home team.”

“Mueller’s statement today was a direct assault on the president,” said the source, who spoke on condition of anonymity. “And it will only empower the Democrats to be bolder and more aggressive in their move to impeach him.”