Where Law Ends

Where Law Ends: Inside the Mueller Investigation is a best-selling book of nonfiction by Andrew Weissmann, released by Random House on September 29, 2020, that gives an insider's view into Department of Justice special counsel Robert Mueller's controversial investigation of Russian interference in the 2016 presidential election of Donald Trump.

Where Law Ends: Inside the Mueller Investigation
First edition cover
AuthorAndrew Weissmann
Cover artistGreg Mollica
CountryUSA
LanguageEnglish
SubjectInvestigation of Russian interference in
the 2016 presidential
election campaign
GenreNonfiction
PublisherRandom House
Publication date
September 29, 2020
Media typePrint (hardback), Kindle
Pages402
ISBN978-0-593-13857-1

Synopsis

Robert Mueller

In May 2017, Robert Mueller led an investigation into Russian interference in the 2016 presidential election which evaluated the effect of Russians exerting influence in the campaign of Donald Trump, and explored the possibility of obstruction of justice by the President and several of his staff. Former FBI director Mueller, acting as Special Counsel, put together a group of highly experienced prosecutors, and for the subsequent year and ten months, their investigation caused intense interest by the American public and diverse media until the highly anticipated publication of their report in April 2019.[1]

In Where Law Ends, Andrew Weissmann reveals what went on inside the investigation, including the internal team conflicts, difficult decisions, and mistakes made by the investigators. He also describes the stress caused by what he viewed as the efforts of President Trump and Attorney General William Barr to divert the direction of the investigation and ultimately mold the results of the published report to their own political ends.[1] In fact, on May 5, 2021, Judge Amy Berman Jackson of the United States District Court for the District of Columbia accused Barr of "misleading her and Congress about advice he had received from top department officials on whether President Donald J. Trump should have been charged with obstructing the Russia investigation and ordered that a related memo be released." The judge noted "Barr's Justice Department's obfuscation appeared to be part of a pattern in which top officials like Mr. Barr were untruthful to Congress and the public about the investigation." Judge Jackson ruled that the memo she was allowed to read, which allegedly contained private advice from Justice Department lawyers about the investigation, would need to be released to the public, and that Barr already knew how he would rule on Trump's obstruction charges before he read the memo. Referring to the possibility that Barr would prosecute Trump on obstruction charges, Judge Jackson wrote, "The fact that he (Trump) would not be prosecuted was a given". Judge Jackson strongly implied that Attorney General Barr had already decided not to prosecute Trump before seeking legal advice on the investigation from Justice Department officials, and further that he did not use his brief reading of the Mueller Report as a basis for his decision.[2]

Writing in March 2020, during Trump's administration, U.S. District Judge Reggie Walton referred to Attorney General Barr's public statements as “misleading” and said he had “grave concerns about the objectivity of the process” leading up to the release of Mueller's report to the public. He further wrote, “The Court cannot reconcile certain public representations made by Attorney General Barr with the findings in the Mueller Report,” and added “These circumstances generally, and Attorney General Barr’s lack of candor specifically, call into question Attorney General Barr’s credibility.”[3]

Weissmann places the reader inside the Department of Justice where the team made the decisions that most affected the outcome and impact of the special counsel's report, including whether to subpoena the president, whether he could be required to submit his taxes to expedite a full financial investigation, and whether to bring obstruction charges. Weismann also uncovers several of the president's actions that may have been considered obstruction including Trumps dangling of pardons, his numerous threats to discourage members of his staff to testify, and at least one attempt by Trump to have his White House Counsel Don McGahn shut down the investigation and fire Mueller, though McGahn refused to take this step, despite the President's attempts to deny that the conversation had ever taken place.[4][5] As noted later by Weissmann, Trump's promise to pardon those campaign aids who refused to give information about Trump's knowledge or participation in Russian interference was made good on December 22–23, 2020, when George Papadopoulos, Roger Stone, Alex van der Zwaan, and Manafort were pardoned at the end of Trump's term. Weissmann considered the act of pardoning individuals charged in crimes that were associated with Trump's own administration as a clear misuse of the presidential pardoning power.[6]

Weissmann also details the effects that President Trump himself had on the investigation, through his extending promises of pardons and his continuous threats to end the inquiry and fire Mueller. These actions caused the team to speed through the investigation without the security of knowing if it would have time to complete their task. Weissmann speculates whether Trump's failure to cooperate with the investigation prevented the team from obtaining the critical evidence that could link Trump to a conspiracy charge.

Ultimately, Where Law Ends is a saga of a tightly knit group of public servants following the rule of law, tasked with investigating a president determined to obstruct their path, using methods many considered of questionable legality.[1]

Critical reviews

The book review website Book Marks rated initial reviews from three prestigious newspapers: The Washington Post's review was rated as "excellent", and both the New York Times and Manchester Guardian's as positive.[7]

A fourth review of the book, from the highly respected Atlantic magazine should be considered positive, but references Weissmann in the most scathing criticism of the Mueller team, quoting him in such statements as, “Part of the reason the president and his enablers were able to spin the (Mueller) report was that we had left the playing field open for them to do so” referring to a passage in the Mueller report as "mealymouthed". The reporter for the Atlantic article went further in describing the difficulties Weissmann's team faced due to the President's dangling of pardons, stating that "Manafort never stopped lying to Team M (Weismann's Manifort team). His lies were encouraged by the president, who made sympathetic noises about Manafort with the suggestion that stonewalling might earn him a pardon. Trump’s pardon power was an obstacle that the prosecutors didn’t anticipate and could never overcome." Trump's finally granting pardons or commuted sentences to the members of his staff convicted of crimes can be seen as a fulfillment of his implied promise to peddle favors to the members of his staff who remained silent or refused to implicate him in the Russian investigation.[8]

Criticism of Mueller

Weissmann takes criticism from some reviewers for his belief that Mueller was not ideal for the position of special counsel and the clear inference that the team could have or should have done more to charge the President with obstruction or subpoena financial documents. But these criticisms may overlook the opinion of some reviewers that Weissmann did not find serious fault in Mueller's inaction, rather he simply questioned if more could have or should have been done in the investigation. Mueller chose not to recommend indictment for Trump for obstruction citing previous Justice Department opinion that a sitting president cannot be federally indicted and also expressed concerns about leveling allegations against someone who would not be able to defend them in court. Weissman noted he would have made the same conclusion but also pushed in other statements paradoxically to question if the team should have done more.[9]

As Graff Garrett of Wired noted, Weissmann "clearly has deep respect for the man with whom he repeatedly served; his frustration with Mueller comes across less as a scorching tell-all and more the disappointment of a son who finds that the childhood image of his father doesn't measure up in adulthood."[10] According to the book's review in the Washington Post, Weissmann believed "that part of the reason Mueller never found a critical mass of evidence against the president is because he was reluctant to scour Trump's financial history for misdeeds and links to Russia."[11] Weissmann only gently indicates that Mueller might have more forcefully pursued Trump's financial records or pushed harder on obstruction charges. Nonetheless, when the book was released, Mueller felt it necessary to respond to Weissmann's criticism of the Mueller's investigative team by stating, that "It is not surprising that members of the Special Counsel's office did not always agree, but it is disappointing to hear criticism of our team based on incomplete information".[9]

Obstruction charges

Weissmann took some heat from critics as well for chiding co-worker Aaron Zebley and a few others who led Team 600 on the investigation of obstruction charges, for not taking a more assertive approach, and accuses them of being overly cautious in not pushing harder for an indictment of obstruction against the President. Mueller himself may have chaffed slightly from this criticism.[12] But several reviewers consider Weissmann's willingness to critique his associates as a sign of his desire to improve and not hinder further investigations and his general zeal and perfectionism as a high ranking prosecutor.

Flipping suspects

Paul Manafort, 2016
Yanukovych, 2010

The greatest criticism of Weissmann can be found in what many critics considered his excessive zeal in flipping suspects, sometimes ruining lives in the process. But in the case of Trump's 2016 campaign manager Paul Manafort, the sole object of Weismann and his Team M's investigation, Weissmann found convincing evidence of tax fraud and tax evasion in Manafort's use of undeclared offshore accounts to hide a considerable portion of the 60 million he took in payment for working with a Russian backed Ukrainian oligarch and managing the election of a corrupt Ukrainian President. These two primary sources of Manafort's income in the Ukraine were Oleg Deripaska, a Russian oligarch and industrialist with ties to Russian intelligence, and Victor Yanukovych a corrupt pro-Russian thug who Manafort helped elect President of the Ukraine in 2010. Shortly after the election, Yanukovych's opponent was imprisoned in a manner eerily reflective of Trump and his staff urging the imprisonment of his 2016 political opponent Hillary Clinton.[13] Only after obtaining evidence of widescale tax evasion through careful examination of Manafort's taxes, did Weissman attempt to flip Manafort into revealing more about his role in conspiring in the 2016 election campaign.[14]

Though not incontrovertible proof of his guilt, in September 2018, Manafort plead guilty to several felonies including most significantly one count of tax conspiracy against the US (18 U.S.C #371), one count of failing to file with the Foreign Agent's Registration Act (FARA) and one count of conspiracy to obstruct justice due to attempts to tamper with witnesses.[15][16] [8]

Public and legislative support

Devlin Barrett who reviewed the book for the Washington Post asked the critical question, "If Mueller had done what Weissmann wanted — fought for a subpoena, accused the president of obstruction, sought Trump’s tax records — is there really much reason to think the legislative and judicial branches would have backed such moves?"[11] Equally important is the question, as noted by George Packer of The Atlantic, that though the investigation may have attempted to place a check on presidential powers, would the majority of Americans ever hold the President more accountable for his actions? Perhaps the result of the 2020 election gave some insight into the public's desire to limit Trump's power.[8]

See also

References

  1. "Where the Law Ends". Amazon article on Book. Amazon. Retrieved 4 November 2020.
  2. Schmidt, Michael S., "Judge Says Barr Misled Court on How His Justice Dept. Viewed Trump's Actions", New York Times, New York City, pg. A 15, 5 May 2021
  3. "Hsu, Spencer, Washington Post, "Judge blasts Barr, Justice Dept. for 'disingenuous' handling of secret Trump obstruction memo", May 5, 2020". Microsoft News Website. Washington Post. Retrieved 5 May 2021.
  4. "Ewing, Philip,Trump Intended To Fire Special Counsel Mueller In June, 'New York Times' Says". NPR website. National Public Radio. Retrieved 4 November 2020.
  5. McGahn told to fire Mueller by Trump in Weissmann, Andrew, (2020) Where the Law Ends; Inside the Mueller Investigation, Published by Random House, New York, pgs. 112-13, 228-32, 233, 312, 320-21.
  6. Weissmann, Andrew, (2020) Where the Law Ends; Inside the Mueller Investigation, Published by Random House, New York, pgs. 252-55, 293-394, 297-98, 344, 226
  7. "Where Law Ends: Inside the Mueller Investigation". Book Marks website. Book Marks. Retrieved 4 November 2020.
  8. "Packer, George, "The Inside Story of the Mueller Probe's Mistakes". Atlantic Magazine Website. Atlantic Magazine. Retrieved 4 November 2020.
  9. Zapatosky, Matt, "Mueller pushes back after book says trump finances not fully investigated", Tampa Bay Times, pg. A16, 30 September 2020
  10. "Graff, Garett M., "An Insider's Look at How the Mueller Investigation Fell Flat". Wired Magazine Website. Wired. Retrieved 4 November 2020.
  11. "Barett, Devlin, "A searing look at the Mueller investigation — from the inside". Washington Post Website. Retrieved 4 November 2020.
  12. Weissmann, Andrew, (2020) Where the Law Ends; Inside the Mueller Investigation, Published by Random House, New York, pg. 109
  13. Manfort's work with Yanukovych and Deripaska discussed in Weissmann, Andrew, (2020) Where the Law Ends; Inside the Mueller Investigation, Published by Random House, New York, pg. 9
  14. Weissmann, Andrew, (2020) Where the Law Ends; Inside the Mueller Investigation, Published by Random House, New York, pgs.70-71
  15. Tucker, Eric, "Judge Seeks More Details on Trump's Clemency for Stone", South Florida Sun Sentinel, pg. A4, 14 July 2020
  16. "Polantz, Katelyn, "Paul Manafort pleads guilty and agrees to cooperate with Mueller investigation"". CNN Politics, The Russia Investigation. CNN. Retrieved 4 November 2020.
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