'Mueller went along with the Department of Justice’s policy that he felt that he was really duty bound to,” his former assistant Michael Zeldin said.
A former assistant to Robert Mueller said the special counsel left an obstruction of justice decision on President Donald Trump open because of “defective” regulations around his position within the Department of Justice.
Under special counsel regulations, Mueller was not managed day-to-day by the Justice Department but “he is at the end of the day obliged to adhere to Department of Justice policy and perhaps preference—unless he objects to their decision, in which case there has to be a notification to Congress,” Zeldin said.
In the wake of the Watergate scandal, Congress in 1978 passed a law allowing for independent counsels to be appointed, but it let the law expire in 1999. The independent counsel regulation was replaced with one for special counsels that had “less ‘independence’ from the attorney general and the Department of Justice than did the independent counsels,’” according to a report from the Congressional Research Service.
“So now we have the situation where everyone is clamoring for an understanding of what underlies Mueller's belief that the evidence does not exonerate the president, and we don't have an easy way to get it,” Zeldin said.
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