Special counsel's team hesitant about Mueller testifying publicly

Negotiations continue over testimony options

By: Jeremy Herb, Laura Jarrett and Manu Raju, 

Posted: May 21, 2019 11:41 AM CDT

Special counsel Robert Mueller's team has expressed reluctance
<https://www.cnn.com/2019/05/16/politics/barr-mueller-testifying-congress/in
dex.html> to him testifying publicly in front of the House Judiciary
Committee, according to sources familiar with the matter.

The special counsel's team has conveyed the notion that Mueller does not
want to appear political after staying behind the scenes for two years and
not speaking as he conducted his investigation into President Donald Trump.
One option is to have him testify behind closed doors, but rank-and-file
Democrats made clear Tuesday they believe Mueller must testify publicly
given the gravity of the investigation.

Sources caution numerous options are being considered in the negotiations
between the committee and the special counsel's office at this point.

Justice officials are generally supportive of how the team is proceeding
with negotiations. As Attorney General Bill Barr told The Wall Street
Journal last week: "It's Bob's call whether he wants to testify."

Special counsel spokesman Peter Carr and the Justice Department declined to
comment on the current status of negotiations.

House Judiciary Chairman Jerry Nadler, a New York Democrat, has repeatedly
said that Mueller must appear, and he will subpoena Mueller if necessary.

"Eventually we will hear from Mueller because ... we will subpoena him if we
have to," Nadler told CNN earlier this month. "I certainly hope it doesn't
come ... to our necessity to subpoena him," he added.

Nadler declined to comment Tuesday when asked by CNN if he'd agree to allow
Mueller to testify behind closed doors, but other Democrats on the committee
voiced concerns.

"I think it's important for Mr. Mueller to come before the committee and
testify in public," said Rep. David Cicilline, a Democratic member of the
Judiciary Committee. "This is an investigation that was done on behalf of
the American people after our democracy was attacked by a foreign adversary.
They have a right to see the results of the investigation and really hear
from the individual who led it."

Rep. Pramila Jayapal similarly added the committee should be "very careful
about" restrictions on Mueller's testimony. "If it cuts off the ability for
us to talk about it publicly, we're not sure how that helps us because we
need the American public to also understand what is happening," she told
CNN.

Yet Rep. Doug Collins, the top Republican on the Judiciary Committee,
suggested at Tuesday's hearing, a meeting where former White House counsel
Don McGahn did not appear after being subpoenaed, that Democrats appear to
have a lack of urgency in scheduling Mueller's testimony.

"We've subpoenaed the documents, we've subpoenaed the underlying documents,
we've subpoenaed stuff that we can't get, but the one thing that we seem to
avoid is Mr. Mueller himself, the one who wrote it," Collins said. "We've
asked since April about Mr. Mueller coming. But every time we seem to get
close to Mueller, Mueller just gets pushed on a little bit. Haven't seen a
subpoena here, and this is what's really amazing -- we'll get back to
subpoenas in a moment -- but just think about that. You wanted the work of
the author, but you don't want to talk to the author."

After the hearing, Collins would not say whether he'd support a subpoena for
Mueller's testimony.

Separately, Nadler told CNN's Chris Cuomo on Monday he doesn't know what's
keeping Mueller as an employee of the Justice Department, suggesting he was
"more subject to their discipline" than he would be as a private citizen.
"The report is finished. I don't know why he is still there," Nadler said.

Mueller has been seen arriving for work almost every morning since the
report was released in April.

The Justice Department has not commented on what work still remains.

This story has been updated with additional developments Tuesday.

CNN's Sam Fossum and Alison Main contributed to this report. 

EM         -> { Trump for 2020 }

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