Bob Muller, Whitaker, Rod Rosenstein discussed on What Next | Daily News and Analysis

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What are you looking for in the next few days that will signal something meaningful to you about what this change in administration of the DOJ actually means one is some indication of whether Whitaker how he means to approach the question of recusals. I don't know whether he's obliged to recuse or not based on the facts that are public. There seems to me to be a a real question there. I would want to verify number one that he followed that he sought the advice of the career Justice department ethics people and number two that having received that advice. He followed it. And that strikes me as. The first big sign as to his intentions is he following the regular order. I don't know what the outcome of that process. Would look like, but I do think to the extent that he doesn't do either of those two things that's a real bad sign. Number two. We have not heard from Bob Muller. Bob Muller has used his silence as a very powerful strategic weapon, and one of the things that he has communicated with that silence. Is that he has a decent working relationship with rod Rosenstein, and that the the acting attorney general for the past year and a half in this matter has not been impeding his investigation, and in fact, Rosenstein has gone up to the hill and defended the investigation and talked about how he supervises it. And Bob Muller has not said a word literally not one word about any problem that he has had with rod Rosenstein, and that has a tacit endorsement, I'm in fact, there's more to it than that. Because when Bob Muller issues and indictment the person who announces it is rod Rosenstein, they clearly have a good working understanding and the way Muller communicates that understanding exists is by saying nothing and letting Rosenstein speak on behalf of the investigation when it's appropriate. There is no rule that you have to behave that way as Bob Muller. Bob Muller could issue a press release tomorrow saying my investigation is being impeded? He could hold a press conference. There's no rule that says he can't do that. He could resign and issue a letter that says I cannot proceed under the circumstances. Here are the things that have been done to impede my investigation. He could transmit concerns to congress. Bob Muller has voice, and he has made a decision not to use it. So one really important thing to look out for is does Bob Muller. Tell you. There's a problem if there is a problem he will find a way to address it ethically by the book within the rules. He's not going to be leaking grand jury information. He doesn't play that. But if there's a problem, he's going to let us know. And so. So really interesting data point is just does he stay quiet number three third thing to look for. What is the messaging from both democratic incoming committee chairman in the house? And also from the key swing Republican senators both in the current congress, and in the subsequent congress where there would have to be more of them. And there are actually fewer of them about what they expect from a new attorney general what they expect Trump to do. In nominating somebody and what what sort of commitments they expect that person to make before the committee. So I think those are sort of three very public bodies of things that you can kind of look for as harbingers of where this is going, and then there's one more which is everybody kind of believes that, you know, Muller went into hibernation in these six weeks, two months before the election, and that there's sort of some pent-up activity. That's getting ready to happen. If you see a flurry of activity from the investigation over the next few weeks. And that that precedes, you know, that's a pretty good sign that the investigation is cooking along as as it was because it was expected. Well, you know, if you see a bunch of indictments come out of the investigation, that's kind of signed that the investigation hasn't been shut down, right, right? Benjamin witness. Thank you so much for talking me throw this today. It's a pleasure. You can hear Ben witness and his merry band of DOJ wonks examined the story completely on the law. Fair podcast. The actually dropped a special edition last night. It's all about sessions. Check.

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