What Congress Should Ask Special Counsel Mueller

Republicans for the Rule of Law delivered the following letter to every member of the House Judiciary and Intelligence Committees in anticipation of former Special Counsel Robert Mueller’s testimony on July 24.


Dear Representative,

While announcing his resignation from the Department of Justice, Special Counsel Robert Mueller said, “[T]here were multiple, systematic efforts to interfere in our election. That allegation deserves the attention of every American.”

Special Counsel Mueller’s testimony before the House Judiciary and Intelligence Committees on July 24, 2019 is a rare opportunity for Congress to learn about an attack on the United States while informing the public about threats to national security and the Rule of Law. Republicans for the Rule of Law encourages all members of the committees to work together to elucidate the most important information in the Mueller report and his indictments.

To assist in that effort, we have compiled 10 recommended questions for you to ask Special Counsel Mueller:

  1. How and why did you make a determination not to make a traditional prosecutorial judgment on obstruction of justice?
  2. Putting aside any Constitutional considerations or Department of Justice regulations prohibiting the indictment of a sitting president, in your opinion, could a reasonable prosecutor have Donald Trump indicted for obstruction of justice? If not, why not?
  3. After President Trump’s former lawyer, Michael Cohen, lied to Congress about his contacts with the Russian government, Dmitry Peskov, the spokesman for Russian president Vladimir Putin, publicly corroborated his lie. Would you construe Peskov’s statement as a threat to reveal Cohen’s lie? As the former head of the FBI, would the Russian government’s possession of proof that Cohen had lied to Congress concern you? Is this an example of “kompromat?” (See Vol I, pp. 74-75, 135-136, 140-141. For Peskov’s statement, click here.)
  4. Do you believe that the Russian government intends to engage in criminal activity in connection with the upcoming 2020 presidential elections? Why?
  5. Based on your investigation, how important do you believe it is that the United States take steps to prevent that activity in 2020? What steps do you suggest we take?
  6. In your professional judgment, why does federal law make it a crime to obstruct justice?
  7. Did you consider the possibility that Congress would investigate matters addressed in the report as part of its routine oversight prerogative and/or an impeachment process? 
  8. You reviewed and outlined some opinions from the Department of Justice Office of Legal Counsel in Vol. II, p. 213-214. Relative only to the results of your investigation, is it correct to say the OLC opinions are only relevant to your investigation’s results if they prevented you from seeking an indictment of the president?
  9.     Did you conclude that any of the president’s tweets sought to “influence, delay, or prevent the testimony of any person” whom you or Congress ought to interview? (Vol. II, p. 10).
  10. In Appendix C, p. C-2, you described the president’s written answers to your questions as “inadequate.” In what ways do you believe the president’s answers were “inadequate?” Did the president’s “inadequate” responses delay or impede your investigation in any way? How?

We hope you find these resources helpful.

As citizens and voters committed to the rule of law, we consider the crimes uncovered and described by Special Counsel Mueller, both complete and inchoate, by Americans, Russians, or anyone, for any reason, unacceptable. We consider protecting national security, including the national security of our elections, to be the first responsibility of government.

Our nation’s lawmakers swear an oath to “support and defend the Constitution,” to “bear true faith and allegiance to the same,” and to “well and faithfully discharge the duties of [their] office.” We encourage committee members of both parties to hold this oath foremost in their minds during Special Counsel Mueller’s testimony.

Additional resources for evaluating the Mueller report, including a compilation of the summaries of each section and a fully searchable digital version of the report, can be found at www.ruleoflawrepublicans.com. We would be more than happy to assist any office in their research pertaining to the report, or in formulating questions or lines of questioning for Special Counsel Mueller.



Republicans for the Rule of Law