Skip to main content

Sign up for our newsletter.

Quality journalism. Progressive values. Direct to your inbox.

Special Counsel Robert Mueller III, then the director of the FBI, testifies before the Senate Judiciary Committee during a oversight hearing on Capitol Hill in this file photo. (Photo: Win McNamee/Getty Images)

Special Counsel Robert Mueller III, then the director of the FBI, testifies before the Senate Judiciary Committee during a oversight hearing on Capitol Hill in this file photo. (Photo: Win McNamee/Getty Images)

Mueller: "If We Had Confidence That the President Clearly Did Not Commit a Crime, We Would Have Said So'

Special Counsel speaks publicly about his investigation and makes clear his team did not exonerate the president

Common Dreams staff

This is a developing story which may be updated... Check back for further developments...

Special Counsel Robert Mueller delivered his first public statement since the conclusion of his investigation on Wednesday, announcing his official resignation from the U.S. Department of Justice and explaining his thoughts on the report he submitted on Russian interference and the possible obstruction of justice by President Donald Trump.

In one striking comment, Mueller said, "if we had confidence that the president clearly did not commit a crime, we would have said so."

Mueller did not take any questions from reporters.

NBC News reports that the White House was not "caught off guard" by the announcement, an indication the Trump administration had been notified in advance by the U.S. Department of Justice about Mueller's remarks.

Watch Mueller's delivery of his public statement:

Read the full transcript of his remarks, as prepared by The New York Times:

Robert S. Mueller III, the special counsel: Good morning, everyone, and thank you for being here. Two years ago, the acting attorney general asked me to serve as special counsel and he created the special counsel’s office. The appointment order directed the office to investigate Russian interference in the 2016 presidential election. This included investigating any links or coordination between the Russian government and individuals associated with the Trump campaign.

Now, I have not spoken publicly during our investigation. I am speaking out today because our investigation is complete. The attorney general has made the report on our investigation largely public. We are formally closing the special counsel’s office, and as well, I’m resigning from the Department of Justice to return to private life. I’ll make a few remarks about the results of our work. But beyond these few remarks, it is important that the office’s written work speak for itself. Let me begin where the appointment order begins, and that is interference in the 2016 presidential election.

As alleged by the grand jury in an indictment, Russian intelligence officers who are part of the Russian military, launched a concerted attack on our political system. The indictment alleges that they used sophisticated cybertechniques to hack into computers and networks used by the Clinton campaign. They stole private information and then released that information through fake online identities and through the organization WikiLeaks.

The releases were designed and timed to interfere with our election and to damage a presidential candidate. And at the same time, as the grand jury alleged in a separate indictment, a private Russian entity engaged in a social media operation, where Russian citizens posed as Americans in order to influence an election. These indictments contain allegations, and we are not commenting on the guilt or the innocence of any specific defendant. Every defendant is presumed innocent unless and until proven guilty.

The indictments allege, and the other activities in our report describe, efforts to interfere in our political system. They needed to be investigated and understood. And that is among the reasons why the Department of Justice established our office. That is also a reason we investigated efforts to obstruct the investigation. The matters we investigated were of paramount importance. It was critical for us to obtain full and accurate information from every person we questioned. When a subject of an investigation obstructs that investigation or lies to investigators, it strikes at the core of their government’s effort to find the truth and hold wrongdoers accountable.

Let me say a word about the report. The report has two parts, addressing the two main issues we were asked to investigate. The first volume of the report details numerous efforts emanating from Russia to influence the election. This volume includes a discussion of the Trump campaign’s response to this activity, as well as our conclusion that there was insufficient evidence to charge a broader conspiracy. And in the second volume, the report describes the results and analysis of our obstruction of justice investigation involving the president.

The order appointing me special counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation, and we kept the office of the acting attorney general apprised of the progress of our work. And as set forth in the report, after that investigation, if we had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to whether the president did commit a crime.

The introduction to the Volume II of our report explains that decision. It explains that under longstanding department policy, a president cannot be charged with a federal crime while he is in office. That is unconstitutional. Even if the charge is kept under seal and hidden from public view, that, too, is prohibited. A special counsel’s office is part of the Department of Justice, and by regulation, it was bound by that department policy. Charging the president with a crime was therefore not an option we could consider. The department’s written opinion explaining the policy makes several important points that further informed our handling of the obstruction investigation. Those points are summarized in our report, and I will describe two of them for you.

First, the opinion explicitly permits the investigation of a sitting president, because it is important to preserve evidence while memories are fresh and documents available. Among other things, that evidence could be used if there were co-conspirators who could be charged now.

And second, the opinion says that the Constitution requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing. And beyond department policy, we were guided by principles of fairness. It would be unfair to potentially — it would be unfair to potentially accuse somebody of a crime when there can be no court resolution of the actual charge.

So that was Justice Department policy. Those were the principles under which we operated. And from them, we concluded that we would not reach a determination one way or the other about whether the president committed a crime. That is the office’s final position, and we will not comment on any other conclusions or hypotheticals about the president. We conducted an independent criminal investigation and reported the results to the attorney general, as required by department regulations.

The attorney general then concluded that it was appropriate to provide our report to Congress and to the American people. At one point in time, I requested that certain portions of the report be released and the attorney general preferred to make — preferred to make the entire report public all at once and we appreciate that the attorney general made the report largely public. And I certainly do not question the attorney general’s good faith in that decision.

Now, I hope and expect this to be the only time that I will speak to you in this manner. I am making that decision myself. No one has told me whether I can or should testify or speak further about this matter. There has been discussion about an appearance before Congress. Any testimony from this office would not go beyond our report. It contains our findings and analysis and the reasons for the decisions we made. We chose those words carefully, and the work speaks for itself. And the report is my testimony. I would not provide information beyond that which is already public in any appearance before Congress. In addition, access to our underlying work product is being decided in a process that does not involve our office.

So beyond what I’ve said here today and what is contained in our written work, I do not believe it is appropriate for me to speak further about the investigation or to comment on the actions of the Justice Department or Congress. And it’s for that reason I will not be taking questions today, as well.

Now, before I step away, I want to thank the attorneys, the F.B.I. agents, the analysts, the professional staff who helped us conduct this investigation in a fair and independent manner. These individuals who spent nearly two years with the special counsel’s office were of the highest integrity. And I will close by reiterating the central allegation of our indictments, that there were multiple, systemic efforts to interfere in our election. And that allegation deserves the attention of every American. Thank you. Thank you for being here today.


Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.

... We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.

Filibuster Reform for Debt Ceiling Fight But Not Voting Rights or Reproductive Freedom?

"If our senators are willing to suspend the filibuster to protect our economy, they should be willing to suspend it to protect our democracy and our freedom to vote."

Jessica Corbett ·


As Senate Holds Guantánamo Hearing, Biden Urged to 'Finally End This Chapter of Injustice'

"Guantánamo is a centerpiece of the forever wars. It is a shameful symbol of racial injustice, torture, and violations of the Constitution and international law."

Brett Wilkins ·


'Unbreakable Solidarity': Kellogg's Workers Reject Contract That Would Leave New Employees Out of Benefits

"We're not willing to sell our souls for our future employees that are going to work side by side with us but not get the same pay or benefits."

Julia Conley ·


Trump-Appointed Judge Suspends Biden's Vaccine Mandate for Federal Contractors

"The reason that we proposed these requirements is that we know they work, and we are confident in our ability, legally, to make these happen across the country," the White House said in response.

Kenny Stancil ·


Rosenworcel FCC Confirmation Hailed as a Step Toward a 'Just and Democratic Media System'

"We're immensely pleased that the agency is being led by such a great champion of an open internet and of bringing affordable broadband to everyone in the United States."

Jake Johnson ·

Support our work.

We are independent, non-profit, advertising-free and 100% reader supported.

Subscribe to our newsletter.

Quality journalism. Progressive values.
Direct to your inbox.

Subscribe to our Newsletter.


Common Dreams, Inc. Founded 1997. Registered 501(c3) Non-Profit | Privacy Policy
Common Dreams Logo