1/ At the risk of sounding like Mike Myers’ famous SNL talk-show host Linda Richman, “Mueller’s final Trump-Russia report” is neither “Mueller’s,” final, about “Trump-Russia” or a “report.” So all the breathless “reporting” today suggesting otherwise is inaccurate and misleading.
2/ What we call the “Trump-Russia” investigation is a web of criminal, counterintelligence, and Congressional investigations that intersect with the work of the Special Counsel’s Office. So there are three key “c”-words here—”criminal,” “counterintelligence,” and “Congressional.”
3/ Special Counsel Mueller is part of the “criminal” investigation; Mueller’s work *intersects* with the “counterintelligence” investigation; and his work feeds into and draws from the Congressional investigation. And here’s the key: all three of these investigations are ongoing.
4/ As part of the “criminal” investigation, Mueller investigated some things his office then prosecuted; he investigated some things his office handed off to others; he investigated some things he chose not to prosecute; he investigated some things he is letting Congress handle.
5/ Mueller’s “criminal” investigations—that is, the information he derived during his nearly 24 months of *criminal investigative work*—then fed directly into multiple “counterintelligence” investigations and will undoubtedly feed into many ongoing “Congressional” investigations.
6/ The news we got today is that Mueller will not *himself* be bringing any more indictments. That’s it. That’s *all* that has just happened. Any reporting that says the “Russia probe is done” is false. Any reporting that “Mueller’s work is done” is false. It is only what I said.
7/ Focusing *exclusively* on what Mueller’s office will be doing going forward and *exclusively* on the criminal investigation—so, a small part of what we somewhat misleadingly call the “Trump-Russia scandal”—we can see that Mueller may be done indicting (*maybe*) but that’s it.
8/ As of today, Mueller had ten attorneys working for him (himself not included, I believe) down from seventeen originally. But we found out this week that certain attorneys who “left” his Office will *still be doing work for it*. Why? Because the Office has some work left to do.
9/ That Office, whether still formally constituted or not, will see its attorneys prosecute Roger Stone in November, eight months from now. It will see its cooperating witness Rick Gates participate in “multiple” ongoing federal criminal investigations. And that’s just the start:
10/ The Office will see its cooperating witness Mike Flynn testify in the Kian trial in July (Kian was a NatSec official on Trump’s transition team whose case intersects with all the other parts of the Trump-Russia investigation). Flynn is also involved in *multiple* other cases.
11/ The Office will continue to pursue grand jury testimony from a Roger Stone witness, and continue to pursue a substantial trove of documents (for its grand jury, which is seated through July as far as was last reported) from an as-yet unnamed state-owned foreign corporation.
12/ The Office has—it appears—referred to DOJ for prosecution at least one man it previously promised to prosecute (Corsi) and presumably has referred to DOJ for *possible* prosecution a whole host of “Trumpworld” figures who Congress has recently accused of perjuring themselves.
13/ We also heard from major media over the past few weeks that Bob Mueller’s office was referring out an unknown number of new cases to other federal prosecutors, including presumably—based on past cooperation and information-sharing practices—prosecutors in SDNY, EDVA, and DC.
14/ We *also* know from major media that there are many ongoing cases for which Mueller’s office conducted some of the investigation, all of the investigation, or shared information with the case’s primary investigators, such as Cohen’s SDNY cases and the Maria Butina case in DC.
15/ What some in the media decided—I do not know why—is that the only cases they would associate with Mueller would be (a) indictments Mueller’s office brought, (b) that were completed before he issued any report to the DOJ, and (c) immediately (on their face) involved collusion.
16/ So you have reporters today blithely saying that “Mueller is done” when Mueller will be prosecuting Roger Stone for most of 2019. You have reporters saying “he’s done” when cases he initiated are not only ongoing in multiple jurisdictions but may well provide new intel there.
17/ If Roger Stone decides to cooperate—before or after conviction—that’s Mueller. The same is true for Kian. The same is even true for Manafort (who can cooperate to reduce his sentence for the next year). But the same is also true for the many cases Gates and Flynn are working.
18/ The same is true for Butina. And for indictments that arise from the ongoing counterintelligence investigation(s). Or any new criminal referrals that go from Congress to DOJ. The same is true for cases Mueller began—that then went elsewhere—that could lead to new indictments.
19/ The same is true for any cases that Mueller passed directly on to DOJ to let DOJ decide whether to prosecute them or not. In short, media can tell us today that *Mueller himself* will bring no new indictments—but even that might be conditioned by what happens in Stone’s case.