Speculating an End in Sight

News  |  Dec 21, 2018

NBC News is reporting exclusively that Special Counsel Robert Mueller is entering the final stretch and may be ready to submit his final report to the attorney general, likely still to be Matthew Whitaker, early next year. 

"They clearly are tying up loose ends," said a lawyer who has been in contact with the Mueller team.

The sources either did not know or would not say whether Mueller has answered the fundamental question he was hired to investigate: Whether Trump or anyone around him conspired with the Russian intelligence operations to help his campaign.

Mueller has not made public any evidence proving such a conspiracy, though he has rebutted in court filings the president's assertion that neither he nor any of his top aides had met or talked with Russians during the 2016 race. They did, according to Mueller; and, in the case of his lawyer's negotiations over a Trump Tower in Moscow, Trump knew about it, court filings say.

Mueller has also examined the question whether the president obstructed justice, and is expected to address that matter in his report. Whether the special counsel will accuse the president of wrongdoing on that score is unclear.

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[Mueller] has charged 33 people and convicted three senior Trump associates — former campaign chairman Paul Manafort, former National Security Adviser Mike Flynn and lawyer Michael Cohen — who have cooperated with him to varying degrees.

One sign that Mueller is close to finishing, legal experts say, is that he has moved forward with the sentencing of those men — particularly Flynn, who he credited with substantial cooperation, much of which remains secret. Flynn's lawyers agreed to postpone his sentencing this week after it became clear the judge was considering imposing a prison sentence despite Mueller's recommendation of probation.

As is the norm, the special counsel's office is not talking.

The sources who spoke to NBC News warn that a few major outstanding matters could complicate Mueller's endgame. One is Mueller's desire to interview the president about all aspects of his investigation, including obstruction of justice matters about which the president has refused to answer questions.

If Mueller moved to subpoena the president, that could spark months of litigation that could delay his report. A source familiar with the matter says Acting Attorney General Matthew Whitaker would have to approve any such subpoena.

Whitaker also would have control over what happens to Mueller's final product. 

The regulations governing the special counsel say the special counsel "shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel."

The Justice Department is likely to make some aspect of the report public, sources say. House Democrats, who will have subpoena power as of January, have said they will do everything they can to make sure it sees the light of day.

Mueller may submit report to attorney general as soon as mid-February, say sources (NBC News)