BOOM!
BOOM!
IMPEACH!
On at least two occasions Wednesday morning, liberal commentators believed former special counsel Robert Mueller had declared President Trump impeachable. On both occasions, the liberal commentators were suffering from deficits of logic.
Bradley Moss, Esquire, had a typical reaction to Mueller’s statement on indicting former presidents:
HOLY SHIT
Mueller just said it. Mueller just said based on the facts Trump can be indicted once he leaves office!
That’s it. It’s over. #muellerday
— Bradley P. Moss (@BradMossEsq) July 24, 2019
But watch the video of the exchange in question.
Congressman: “Could you charge the President with a crime after he left office?”
Mueller: “Yes.”#MuellerHearing pic.twitter.com/ZCx89HWfE1
— Josh Campbell (@joshscampbell) July 24, 2019
What Mueller was saying was that a president’s immunity to indictment does not extend after he leaves office. Thus, the president could not be charged while in office, but he could be charged with a crime when he leaves office. This isn’t saying he’s found probable cause against Trump, or that Trump ought to be charged with a crime once he leaves office.
Then there was the question of why Mueller didn’t recommend charges against Trump for obstruction. Did that mean there was no probable cause, or that Trump was exonerated? Mueller clarified that he never made such a judgment because of legal guidance from the Office of Legal Counsel that federal prosecutors cannot indict a sitting president.
At one point, Mueller repeated that in response to a question from Rep. Ted Lieu. That exchange is captured in a melodramatic tweet from the very enthusiastic impeachment advocate Seth Abramson:
68/ PLEASE RT, as this is the only part of the hearing that matters so far (direct quotes):
LIEU (D-CA): “The reason, again, that you did not indict Donald Trump is because of the OLC opinion stating that you cannot indict a sitting president, correct?
MUELLER: That is correct.
— Seth Abramson (@SethAbramson) July 24, 2019
Other liberal commentators also saw this as huge:
Whoa!
The reason you did not indict…was OLC memo, correct?
That is correct.
— Greg Sargent (@ThePlumLineGS) July 24, 2019
They assume Mueller is agreeing that the OLC guidance is the only reason Mueller didn’t recommend charges. But that doesn’t follow logically. Instead, Mueller is saying that the OLC guidance is the operative reason he didn’t recommend charges.
Think of it as a flowchart, see below.

Or, as analogy, if you asked me why I won’t vote for Elizabeth Warren, I may say “because she’s pro-choice.” That doesn’t mean I would vote for Warren were she pro-life, it’s that being pro-life is the gateway. If you don’t go through that gateway, I don’t consider you.