Osler's Razor

People seem pretty fired up about Robert Mueller's testimony in Congress this week. I think it probably will be frustrating for many. The DOJ has already instructed him to limit what he says to what is contained in his report.

I think that the questions will be more important than the answers, in a way. He will probably only answer "yes," "no," and "I would refer you to my report." Someone needs to craft a way to ask questions such that the substance of his report will make the case. If I was on the committee, here is what I would ask:

Me: As someone with a long and admirable career in law enforcement, you would agree with me that charging decisions are evaluated through an analysis of the elements of a crime, since in the end a prosecutor has to prove each element to be true, correct?

Mueller: That is correct.

Me: In your report, you identify three elements of the crime of attempted obstruction of justice, is that right?

Mueller: Correct.

Me: And in that report, you describe the amount of evidence going to each element, don't you? [here, I would quote from that section of Part II of his report, specifically going to the directive given to Don McGahn]

Mueller: I did.

Me: And your conclusion was that there was substantial evidence as to each element of the crime of attempted obstruction of justice?

Mueller: I would refer you to my report.

Me: That's what I am talking about-- you literally said that there was "substantial" evidence in your report as to each element of the crime of attempted obstruction of justice as you analyzed those elements, right? [again, I would use exact quotes]

Mueller: That is correct.

Me: If there is not substantial evidence as to each element, a prosecutor should not pursue a charge, correct?

Mueller: Yes.

Me: And it is fair to say that a prosecutor should only pursue a charge where there is substantial evidence going to each element?

Mueller: Yes.

Me: And here, the prosecutor of the President of the United States is the House of Representatives, through the process of impeachment, correct?

Mueller: Yes.

Me: And Congress is one intended audience of your report, right?

Mueller: I would refer you to my report.

Me: You are familiar with the regulations governing your report, which describe a report of this kind potentially being made available to Congress?

Mueller: I am.

Me: And there is substantial evidence on each element of the crime of attempted obstruction of justice, according to your report, right?

Mueller: Yes.

Me: And one would expect this body only to seek impeachment if there was substantial evidence, correct?

Mueller: Yes.

And that would, I think, make things clear to those with eyes to see and ears to hear.