Ex-solicitor general thinks Robert Mueller's 'by-the-book' nature will thwart Bill Barr's efforts to 'gag' him

Neal Katyal previews Mueller testimony
(Image credit: Screenshot/YouTube/MSNBC)

Former Special Counsel Robert Mueller won't testify before two House committees until Wednesday morning, but the pregame show has already started on cable news. CNN's Anderson Cooper deconstructed President Trump's lies about Mueller and then had a panel of experts, including former White House counsel and Watergate star witness John Dean, preview Mueller's testimony. Dean argued that if Mueller had been the Watergate prosecutor, Richard Nixon would have gotten away with his alleged crimes.

On MSNBC, Ari Melber pointed to reports that Attorney General William Barr "is stepping in again" and trying to limit what Mueller says. And Mueller will not be "standing with the president's critics," he added. "Remember, as a legal matter, when Mueller steps in front of the world Wednesday, he will be a hostile witness under subpoena. He is prepping to be pressed and to push back."

"There are damning facts in the Mueller report, but some Democrats want more than a dry, factual presentation," Melber said. "They want to press Bob Mueller under oath to say in English what the Mueller report only said in lawyer jargon: That there is substantial evidence against Trump, that it comes from his own staff, and that it suggests he committed multiple crimes in office."

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Former Solicitor General Neal Katyal told Melber he's "extremely concerned" about the reports Barr is, in his analysis, "trying to gag Mueller and trying to say that anything that's not in the report is 'presumptively privileged.' And you know, Mueller is so by-the-book, I suspect that will influence him greatly, what Barr and others are trying to say in terms of squelching him." At the same time, Mueller's "by-the-book" nature could also work against Trump, Katyal suggested, because "the book's actually changed" since Mueller turned in his report, specifically because Barr has since said he could have reached a conclusion about whether Trump has committed crimes.

Whether Mueller would have said Trump committed crimes is "exactly the kind of question the Democrats should be leading the hearing with," Katyal said. Melber said Katyal was engaging in "a little bit of wishful thinking," but Katyal said given Barr's comments, Mueller "absolutely should go further" than what's in his report, "and indeed I don't see how he can't answer that question." Peter Weber

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Peter Weber, The Week US

Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.