The Inside Story of Why Mueller FailedWeissmann offers a damning indictment of a “lawless” president and his knowing accomplices—Attorney General William Barr (portrayed as a cynical liar), congressional Republicans, criminal flunkies, Fox News. Donald Trump, he writes, is “like an animal, clawing at the world with no concept of right and wrong.” But in telling the story of the investigation and its fallout, Weissmann reserves his most painful words for the Special Counsel’s Office itself. Where Law Ends portrays a group of talented, dedicated professionals beset with internal divisions and led by a man whose code of integrity allowed their target to defy them and escape accountability.
In the absence of a discoverable deal between the Trump campaign and Russian assets, the number and flagrancy of contacts and the readiness of Trump and his advisers to lie about them have been too easily minimized. As Weissmann observes in Where Law Ends: “The hope of uncovering something even greater distorted the perception of what was actually brought to light.” Weissmann and his colleagues were thwarted by chance—Manafort’s No. 2, Rick Gates, arrived late for the dinner with Kilimnik and was subsequently unable to tell investigators all that was discussed. They were hamstrung by Mueller’s decision not to look into Trump’s financial dealings with Russia, which might have established a source of Russian leverage over Trump, but which the president had declared a red line not to be crossed. And they were frustrated by perjury—for Manafort never stopped lying to Team M. His lies were encouraged by the president, who made sympathetic noises about Manafort with the suggestion that stonewalling might earn him a pardon. Trump’s pardon power was an obstacle that the prosecutors didn’t anticipate and could never overcome. It kept them from being able to push uncooperative targets as hard as in an ordinary criminal case.
The Special Counsel’s Office also worked under the constant threat that Trump would fire Mueller, as Richard Nixon had fired Archibald Cox, the first Watergate special prosecutor, in the Saturday Night Massacre. Trump tried several times to get rid of Mueller, but he was stopped by his underlings, who knew that it would lead to legal and political disaster. Still, the threat never went away, and in the end, it served the president’s interests well: “The specter of our being shut down exerted a kind of destabilizing pull on our decision-making process.” Where Law Ends describes numerous instances, large and small, when Mueller declined to pursue an aggressive course for fear of the reaction at the White House. For example, the special counsel shied away from subpoenaing Don Trump Jr. to testify about his notorious June 2016 meeting in Trump Tower with a Russian lawyer offering dirt on Hillary Clinton. Ivanka Trump, who didn’t attend the meeting but talked with participants afterward in the lobby, and later discussed with her father how to conceal details from the press, was never even asked to speak with Mueller’s investigators: They “feared that hauling her in for an interview would play badly to the already antagonistic right-wing press—Look how they’re roughing up the president’s daughter—and risk enraging Trump, provoking him to shut down the Special Counsel’s Office once and for all.”
