Politics & Government

Robert Mueller Chosen As Special Counsel In Trump-Russia Probe; President Denounces 'Witch Hunt'

Mueller is a highly respected former director of the FBI.

The Department of Justice has appointed Robert Mueller, a former director of the FBI, as special counsel to investigate possible collusion between the Trump campaign and Russian intelligence operatives to influence the 2016 election, Deputy Attorney General Rod Rosenstein announced Wednesday.

The appointment of Mueller comes during increasing pressure on the White House and the Justice Department for an investigation of Russia outside the Trump administration's chain of command. The White House has been in turmoil in recent days over the firing of FBI Director James Comey and for reports the president leaked sensitive intelligence to Russian officials. The pressure intensified Tuesday, when multiple media outlets reported that the president had encouraged Comey to drop an investigation into former National Security Advisor Michael Flynn. (For more information on this and other political stories, subscribe to the White House Patch for daily newsletters and breaking news alerts.)

"As I have stated many times, a thorough investigation will confirm what we already know – there was no collusion between my campaign and any foreign entity," President Trump said in a statement after the news broke. "I look forward to this matter concluding quickly. In the meantime, I will never stop fighting for the people and the issues that matter most to the future of our country."

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Robert Mueller: 7 Things You Need To Know


The deputy attorney general said "unique circumstances" led him to appoint the special counsel.

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“In my capacity as acting attorney general I determined that it is in the public interest for me to exercise my authority and appoint a special counsel to assume responsibility for this matter,’’ Rosenstein said in a statement Wednesday. “My decision is not a finding that crimes have been committed or that any prosecution is warranted. I have made no such determination. What I have determined is that based upon the unique circumstances, the public interest requires me to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command.’’

Despite his initial measured statement, Trump took to Twitter Thursday morning to denounce the investigation in the type of rhetoric the country has come to expect from him.

"This is the single greatest witch hunt of a politician in American history!" he wrote. "With all of the illegal acts that took place in the Clinton campaign & Obama Administration, there was never a special counsel appointed!" It's not clear which acts he is referring to here, but of course President Clinton, along with Hillary Clinton, was extensively investigated by independent counsel during the '90s.

Later on Thursday, he said at a lunch with TV anchors that the special counsel "hurts our country terribly because it shows we're a divided, mixed-up, not-unified country."

Mueller is a former prosecutor who served as the FBI director from 2001 to 2013. He stayed on in the role past the end of his 10-year term at the request of President Obama before Comey was confirmed. Comey and Mueller are reported to be friends.


Earlier on Wednesday, Comey was invited to testify before the Senate Intelligence Committee. Reports suggest that because of the appointment of special counsel, Comey might decide not to testify publicly.

What's the difference between special prosecutor and special counsel?

Substantively, there's little difference in their functions; "special prosecutor" was the designation used under laws during the Nixon era, while current law enables the Justice Department to appoint a "special counsel."

Mueller will serve under Rosenstein and the Justice Department in his new role, meaning he can be fired by the deputy attorney general and is ultimately subject to Trump's authority. In the past, special prosecutors had greater independence. However, the position of special counsel comes with more autonomy in directing investigations than is usually granted; he will not be supervised on a day-to-day base by the department and does not have to inform his superiors of his progress. In the end, though, the deputy attorney general would have the authority to overrule any decision Mueller makes.

Attorney General Jeff Sessions recused himself in March from any involvement with investigations relating to the Trump campaign because of his ties to the president and his contacts with Russia's U.S. ambassador, Sergey Kislyak.

As special counsel, Mueller will oversee the continuing Russia investigation, and he will be responsible for to prosecuting any federal crimes discovered during the probe. The statute granting special counsel powers grants "the authority to investigate and prosecute federal crimes committed in the course of, and with intent to interfere with, the Special Counsel's investigation, such as perjury, obstruction of justice, destruction of evidence, and intimidation of witnesses."

The special counsel has broad discretion what to pursue during the investigation. Kenneth Starr was appointed special counsel during President Clinton's term to investigate a real estate deal in Arkansas known as Whitewater; he ended up investigating a woman named Monica Lewinsky.

"Mueller is a great selection," tweeted Republican Rep. Jason Chaffetz of Utah, chairman of the House Intelligence Committee. "Impeccable credentials. Should be widely accepted."

The praise for Mueller stretched across the partisan spectrum. Preet Bharara, a former U.S. attorney for New York who was fired by Trump, lauded the selection.

"Having known him for years, I believe special counsel Mueller is a very good thing," Bharara tweeted after the news broke. "He is one of the best -- independent and no-nonsense."

On Monday, White House Press Secretary Sean Spicer said at the daily press briefing there was "no need for a special prosecutor." NBC News reported that the White House was informed of the decision to appoint special counsel after the order was signed.

"This announcement didn't happen by accident," said Democratic Sen. Ron Wyden of Oregon. "It happened because the free press and the American people demanded it."

Prior to Mueller's appointment Wednesday, Trump spoke at the Coast Guard Academy’s 136th commencement ceremony and complained about the "unfair" treatment he's received. "No politician in history, and I say this with great surety, has been treated worse or more unfairly," he said.

The president has previously called the investigation into Russia's meddling in the election a "hoax" and a "ruse." When asked why he fired Comey, Trump told NBC News that he was thinking about the Russia investigation when he made the decision.

With all the scandals pouring out of the White House — and so many of them connected to Russia — Democratic lawmakers had made increasing demands for an independent investigation into the Kremlin's activities and potential ties to Trump. A growing number of Democratic lawmakers, as well as a couple Republicans, have raised the prospect of impeachment.

Mueller will leave his position at a private law firm to take on his counsel's role.

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