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The severity and consequences of the investigation seem suddenly oppressive. Special advocate Robert Mueller writes his final report and raging President Donald Trump aggressively seeks to control him.
It is becoming more and more obvious, especially because of Trump's raging mood, that the end of the Russian saga's game will subject the mechanisms of the US government to extreme stress and will test the cohesion broken of the nation.
At his press conference after the elections on Wednesday, Trump stressed that even though he felt that the investigation on Russia was "very bad for our country", he did not still closed.
"I could have stopped it at any time, I did not do it, and there was no collusion," he said.
But it is assumed that he could use Whitaker as a tool to interfere with the Mueller probe or stifle his findings, even to try to dismiss the special advocate. Each of these options could trigger a constitutional conflagration.
Alternatively, Trump could choose to wait for the final report on allegations of collusion between his campaign and Russia in 2016 and he prevented justice from concealing it.
The president has already given a disturbing glimpse of his intentions.
A few hours after the closing of the mid-term polls, Trump expelled Attorney General Jeff Sessions, who had objected to not having overseen the investigation on Russia.
Trump installed Whitaker over Deputy Attorney General Rod Rosenstein, who was protecting Mueller and his investigators while monitoring the investigation.
Some critics have interpreted Trump's decision as his latest attempt to undermine the investigation or eliminate officials he regards as a threat, what legal commentators now call a "slow move" the Saturday night massacre ", in reference to Watergate.
A debate is underway to determine whether Trump's appointment of Whitaker may be an abuse of authority.
Yet on Thursday, signs indicated that there had been no disruption in monitoring the Mueller probe. Rosenstein Senior Assistant Deputy Minister, Ed O. Callaghan, Senior Deputy Attorney General, met with lawyers from the Special Attorney Team at a biweekly meeting, said a source close to the case at Laura Jarrett, CNN.
The source explained that although Whitaker has the ultimate oversight authority as Acting Attorney General, the Rosenstein office still handles the daily management of the probe. "Things go as usual," the source said.
The president is on dangerous ground when he decides to put pressure on the investigation.
If it eventually turns out that Trump deliberately put Whitaker in a position to thwart the investigation, he could provide more evidence showing that he is guilty of A corrupt goal to obstruct justice.
"This will put him on a path that, in the coming years, would bind his presidency in a way that would not be in his legal or political interest," said Michael Zeldin, a former senior justice official, with a touch of underestimation. on CNN International on Thursday.
New Attorney General: Suddenly in the hot seat
CNN revealed on Thursday that Whitaker had publicly demolished the idea that Russia had been ingested in the 2016 election – at odds with Mueller's many indictments.
Now, he is suddenly immersed in the most ambitious political and legal confrontation involving different branches of government since Watergate.
It has the power to restrict the investigation and limit the budget of the special advocate team. He could refuse Mueller's requests to ask for charges or to summon a witness to the president.
He could try to stifle the publication of Mueller's final report or try to keep it out of Congress.
Michael Conway, a lawyer with the Watergate Government House of Representatives' Judiciary Committee, said the most sinister threat to Mueller could be a quiet attempt to remove Whitaker's work out of sight of Congress or the public.
"He feared that behind the scenes, he would thwart the investigation in various ways without the issue of a public dismissal, without the question of a cataclysmic event that would generate an immediate political reaction," he said. said Conway, now a teacher. at the School of Journalism Medill.
The Democrats have asked Whitaker to recuse himself for his previous criticism of Mueller – a largely academic exercise since it is obvious that his main attraction for Trump is that he is not prevented from overseeing l & # 39; investigation.
The first sign that Whitaker is acting against Mueller could come if there are no indictments in the coming weeks or signs of activity at the Grand Jury.
If indictments ensue, this could be a sign that Whitaker has retreated.
An interpretation of Trump's quick reorganization of the justice department after the ministerial election is that the president did not want Mueller to have the time to produce indictments after the end of the self-imposed break. during the political season.
Whitaker has come into tremendous personal pressure. Trump did not hide his visceral anger against Mueller and showed – in his dealings with former FBI director, James Comey and Sessions – that he had been fired, that he was Was expecting his loyalty to prevail over everything.
Whitaker will face the same demands and is in a much weaker position than Sessions or Comey, which boasts a base of personal power, a reputation and forged alliances after decades of service public.
Once read in the investigation on Mueller, the new Attorney General will face an ethical issue. Will he tell Trump what he knows even if it goes beyond the ethical line?
But Whitaker is also in a legally vulnerable position.
It risks being drawn into a conspiracy if the president or other officials seek to illegally hinder the investigation. He will probably be taken to Capitol Hill by the new majority of the House of Democrats in the new year and forced to testify under oath about his appointment. He may recall that Nixon Attorney General John Mitchell was convicted of his role in Watergate.
At one point, Whitaker could be faced with the ultimate dilemma of a law enforcement official in Washington caught in a scandal. Does his duty to the Constitution or his President have priority?
Mueller: Stay calm and continue?
Mueller's silence was his best defense against the fierce efforts of Trump and the conservative media machine to lure him into the political swamp.
It is therefore and will always be impossible to know what he thinks of the new hierarchy of the Ministry of Justice.
CNN reported Thursday that the special council had begun drafting its final report. The grand jury activity of recent weeks indicates that Mueller is looking into whether Trump's long-time advisor, Roger Stone, knew in advance that Wikileaks would release pirated material during the 2016 campaign.
But on Thursday, it was also recalled that his freedom of action could be questioned when Michael Dreeben, a special attorney 's attorney, admitted in court that Whitaker could amend or cancel the case. May 2017 order appointing Mueller.
People who have worked with Mueller think that he's already prepared for the removal or closure of his work. He has for example handled the case of tax fraud against Trump's former personal attorney, Michael Cohen, before prosecutors in New York. There has been speculation in Washington recently that indictments sealed against targets of the investigation have already been filed.
Mueller has some protection in his initial charge against Rosenstein.
If Whitaker takes steps to coerce Mueller, he will be forced to explain to Senate and House Committee officials why he did it.
In theory, he can also be dismissed only for cause or fault.
As a last resort, his resignation would provoke a political storm that could lead to a dismissal procedure for the president. But that might also mean that much of his work does not see the light of day.
Pelosi: The institutional control of Trump
Pelosi will likely be the next Speaker of the House and will have the power to institutionally control the administration.
She will have authority over the House committees that will oversee Trump and the Department of Justice. On Thursday, she held a teleconference with new members and existing members to discuss Whitaker's layoffs and appointment, sources told CNN.
Democrats have already indicated that they would investigate Trump's appointment of Whitaker. They will probably restart the House Intelligence Committee inquiry into Russia when they will get the hammer.
Pelosi will be fired in several directions. She faces an imperative to respond to any Trump attempt to reduce Mueller. But as preparations begin for the 2020 elections, it must protect itself from actions that the GOP might call overtaking.
At the same time, she will face pressure from her left from liberal activists who are already demanding the removal of Trump.
"I do not think we should remove a president for political reasons, but I do not think we should do it because we think it's politically … prevent us from doing it," Pelosi told CNN , in an interview with CNN Thursday.
Laura Jarrett of CNN, Evan Perez, Sara Murray, Pamela Brown, Andrew Kaczynski and Adam Levine contributed to this story.
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