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The proposal to replace Sessions by Matt Whitaker, who has openly criticized the special advocate, comes as the White House prepares for a return of public activity on the investigation conducted by Russia after a period of pre-electoral calm, according to people informed about it. .
As Acting Attorney General, Whitaker now also assumes the role of Deputy Attorney General, Rod Rosenstein, in overseeing the investigation by the Special Advocate, which, according to officials at the Department of Justice. Justice and the lawyers representing the witnesses, is about to conclude.
Before this happens, one of the main questions in the Russian inquiry remains to be answered: what will happen to Roger Stone, a longtime adviser at Trump, who has been at the center of a flurry of legal activity behind the scenes even during the electoral process? Quiet period by Mueller.
Just a month ago, Mueller asked Trump's lawyers to produce call logs and visitors related to Stone from Trump Tower in New York, according to an informed source on the subject. The request made at this late stage of the investigation somewhat surprised the lawyers concerned, since the Mueller team has been focusing for months on Stone and its activities before the 2016 elections.
Among the questions Mueller asked the president to provide written answers are questions about Stone and his communications with the then-candidate Trump, according to an informed source.
Despite the change of direction of the Justice Department, Trump's legal team believes that it will not affect his approach to Mueller issues, according to a source familiar with the matter.
The president and his lawyers are aiming to answer Mueller's questions later this month, according to a source familiar with the matter. No final decision on an in-person interview was taken.
Trump again told Wednesday at a press conference that the investigation was a waste of time and money.
"It's a shame, it should never have been started because there was no crime," Trump said.
But Trump's legal team and other lawyers representing the witnesses of the investigation hope that the president's answers to Mueller could be one of the last elements of the investigation that will last for 18 months before investigators submit a report. report on their findings. Mueller's team began drafting its final report, sources told CNN.
Even after Mueller finishes his job, the results of Tuesday's midterm elections indicate that Democrats in the House will also be able to expand Trump's investigations. This means that Mueller will not be the end of Trump's questions and his campaign on Russia.
What is Stone?
The Stone part of the investigation is related to one of Mueller's main responsibilities: to tell the Americans if and where there is evidence of collusion between Russians and people associated with the Trump-related campaign in the 2016 election.
The investigators turned to Stone's associates already interviewed with additional questions. And at least one – well-known plot theorist and author, Jerome Corsi – is still in discussion to find out if he could appear a second time before the Washington, DC, grand jury that Mueller has used to l & # 39; investigation.
Over the past two months, Corsi has been meeting with Mueller's investigators "in a very consistent manner," he said in a video that he posted online Monday.
On Thursday, Mueller's team is scheduled to appear before the US Court of Appeals for the District of Columbia circuit to defend the authority of the special council, another former Stone associate seeking to quash a summons to appear before the grand jury.
Stone denied any wrongdoing and said he had no internal knowledge of WikiLeaks' plans to publish pirated emails from the Hillary Clinton campaign stolen by Russian intelligence agencies on the approach elections.
Stone insists that he has never talked about WikiLeaks to Trump, then candidate.
"I've never discussed this with Donald Trump," Stone recently told CNN. "That's one of the questions Mr. Mueller wants the Speaker to answer." One of the written questions, "I'm sure his answer will be that he knew nothing about it. 39, never discussed it. "
Everything indicates that an investigation is being completed, although Mueller has not provided a timetable for the completion of his work.
The impact of the election on Mueller
Even though the Mueller probe is coming to an end, the investigation into the Russian-led interference is expected to have repercussions for months.
The White House is seeking to hire up to two dozen lawyers for the attorney's office, which will soon be headed by Pat Cipollone, following the departure of Don McGahn, sources said. of research. The president's lawyers believe that legal firepower will be needed as newly-empowered Democrats embark on a new round of checks, including in the prosecution of some elements of the Trump-Russia affair. blocked by Republican leaders.
One of the important issues that the new White House legal team should address is whether any of Mueller's findings can be shared with Congress or the public, given the concerns of management privilege, which could prevent the publication of some or all of Mueller's work.
According to the regulations of the Ministry of Justice, Mueller is required to produce a "confidential report" at the end of his investigation, which includes "decisions on prosecution or declination made by the special council".
But regulation does not require that Mueller's report be made public, and with Whitaker taking control, it is unclear when he will choose to publish it at all or in what form .
One of the sources close to the case said that the report would be detailed in part because the Mueller team wanted to ensure that the report withstood public scrutiny. It should include an analysis of the allegations, any information or statements made during the course of voluntary interviews, a legal explanation of why the evidence did not meet the prosecution's lawyer, and a blanket defense of the investigation.
What the Mueller team has achieved remains a topic of partisan debate. The president's criticism cites the guilty pleas of key Trump campaigners, including former campaign president Paul Manafort and his deputy Rick Gates, as well as Michael Flynn, his first national security advisor.
So far, Mueller's team has laid charges against 35 individuals and entities, obtained six guilty pleas and sentenced three people to jail time.
Proponents of the president claimed that "no pleas of guilty and only one conviction by a court had nothing to do with Russia's interference in the 2016 election, which is supposed to be the subject of an investigation by Mueller. The new acting Attorney General has already asked if there was an obstacle to an investigation.
Mueller's second doubt
Even within the Department of Justice, some work by the Mueller team has been questioned.
The decision of the Mueller team earlier this year to include a Russian company among the entities and accused persons related to the operation of a troll farm on the Internet, which played a Central role in Russia's interference efforts in 2016, has particularly caught the eye.
Some Justice lawyers have expressed concerns about the company's indictment, fearing that this will force the government to share confidential information that may end up with the Russians.
These concerns have been proven in recent months as Concord Management has hired US lawyers to fight the special advocate in court on several fronts. Concord's lawyers have obtained court authorization to access sensitive information used to lay charges, although the judge has limited what can be shared with foreign nationals.
"What many people thought, the vulnerabilities of the indictment are now revealed," said a former official of the Justice Department.
The doubts of the backstage were discussed between Justice lawyers, some of whom were consulted by the Mueller team before charges were laid.
A spokesman for the special council declined to comment.
Some Justice Department lawyers regretted that Mueller's team should have taken a less risky course by concentrating the indictment against Russian nationals, without companies and entities. Indeed, given that individuals would probably not respond to the charges and would not submit to US court proceedings.
Given the ensuing legal battle, the Department of Justice will have to deal with the upcoming lawsuit, as well as any other legal issues that may arise, perhaps long after Mueller completes his investigation.
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