The discovery trap Mueller fell into

SpectatorAgainst all expectations, in April, lawyers for one of the Russian corporate defendants, Concord Management and Consulting, LLC, entered their appearances in the U.S. District Court for the District of Columbia. They followed up by serving extensive discovery requests on Team Mueller seeking full disclosure of the government’s case and investigation including sensitive national security and intelligence information.

This type of discovery is called “graymail” (as distinguished from blackmail) in which the government is faced with having to disclose closely guarded state secrets in order to proceed with the prosecution. The alternative is to drop the charges.

Given that the maximum penalty against Concord is an uncollectable $500,000 fine or equally uncollectable compensation to anyone damaged by the alleged conspiracy, the choice is all the more bitter for Team Mueller. Should they litigate the discovery requests? If they lose and are faced with having to disclose sensitive intelligence information about the case and their investigation, should they withdraw the indictment against Concord? And, if they drop the charges, are they prepared for the resulting public mockery and howls of derision?

Technically, Mueller doesn't have to care about public mockery and derision. But being taken seriously is the only defense he has against Trump simply choosing to fire him. It seems likely being forced to drop the charges against the Russians would effectively end Mueller's probe, being an admission that he doesn't have anything related to his mandate. If he failed to do so, Trump would easily be able to afford the political cost of firing him.

This entry was published Fri Jun 15 10:31:22 CDT 2018 by TriggerFinger and last updated 2018-05-14 15:57:46.0. [Tweet]

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