This morning Cheryl did a post laying out what James Rosen thinks are the four tracks of Special Counsel Mueller’s investigation:
THERE ARE FOUR important tracks to follow in the Trump-Russia story. First, we must determine whether there is credible evidence for the underlying premise that Russia intervened in the 2016 election to help Trump win. Second, we must figure out whether Trump or people around him worked with the Russians to try to win the election. Next, we must scrutinize the evidence to understand whether Trump and his associates have sought to obstruct justice by impeding a federal investigation into whether Trump and Russia colluded. A fourth track concerns whether Republican leaders are now engaged in a criminal conspiracy to obstruct justice through their intense and ongoing efforts to discredit Mueller’s probe.
Cheryl provided appropriate caveats regarding Risen, his past reporting, and the editorial bias of The Intercept where he is now employed. Quite simply Risen is wrong. He is wrong because he fundamentally misunderstands what is actually going on with the Special Counsel’s oversight of a dual track counterintelligence and criminal investigation. There are actually five parts to what Special Counsel Mueller and his team are investigating. They are:
1) Russian interference in the election. This includes the hacking and phishing, the troll farms and the bots. The Russian deployed human and signals and electronic intelligence. Basically the active measures and cyberwarfare campaign to influence the American electorate in order to prevent Hillary Clinton from being elected president and to ensure that Donald Trump was elected president. And, perhaps, suppressing enough of the vote by various means to ensure that the Democrats couldn’t flip the Senate and/or the House.
2) What, if any, connections exist between the Trump campaign, including surrogates, as well as other campaigns such as Jill Stein’s, and any other Americans and/or American organizations with the Russians to influence the American electorate in order to prevent Hillary Clinton from being elected president and to ensure that Donald Trump was elected president. And, perhaps, suppressing enough of the vote by various means to ensure that the Democrats couldn’t flip the Senate and/or the House.
3) Whether the President and/or others conspired to and/or actually tried to cover up the second item above in order to frustrate both the counterintelligence and criminal investigations.
4) The financial crimes investigation into the President’s, his children’s, his son in law’s, his son in law’s family’s, and many of the President’s associate’s (Felix Sater and Michael Cohen for instance) businesses that have been uncovered as a result of the counterintelligence and criminal investigations.
5) Any other criminality that is subsequently discovered as a result of the investigation.
These five investigatory parts are divided between the counterintelligence and criminal tracks to the investigation. And in the case of much of the counterintelligence portions, the fine line that Special Counsel Mueller and his team are walking is how to build criminal cases out of the counterintelligence investigation. Basically, they have to come up with appropriate evidence that can be used for a criminal prosecution that does not compromise American, allied, and partner nation sources and methods. What Special Counsel Mueller knows as a result of having full access to and oversight of the counterintelligence investigation versus what he thinks he can prove in a court of law are things we all have to wait to find out.