The other day, I suggested that Special Counsel Robert Mueller commit an act of civil disobedience and testify before Congress despite the objections of the Trump Justice Department, of which he is an employee.
I’ve checked with a number of legal scholars, and it’s even simpler than that. He need only resign and he is free to testify.
As long as he doesn’t divulge confidential grand jury matters, he can expand on the sometimes Delphic hair-splitting in his report, and make clear that Trump could be indicted but for a ruling of the Office of Legal Counsel, which has no constitutional basis.
He could also associate himself with the nearly 700 former federal prosecutors, Republican as well as Democrat, organized by the group Protect Democracy, who made clear that in their view Trump could be indicted were it not for that ruling. The letter is worth reading in its entirety.
We need a citizens’ movement urging Mueller to testify. How about it, counselor?