Robert Mueller apparently does not plan to agree to testify to Congress, but he made his first and possibly last public statement yesterday. You can read about it at the link.
I’ll leave it up to trained attorneys and former prosecutors to argue over whether he should have said what he said, or made any such statement at all. But it appears to me as a layman in law but a longtime observer of political chicanery that this statement served the same function as the second half of his report – the part that went into possible obstruction of justice and should never have been written at all (if a prosecutor can't find evidence to charge someone with a crime, then he doesn’t make a public statement smearing their reputation.)
Mueller led an exhaustive, lengthy, expensive and openly hostile investigation, yet in the end was forced to admit that he could find no evidence that Trump, his staffers or any other American colluded with Russia to affect the 2016 election results. Now, he tries to exit the scene with a statement claiming he never considered charging Trump with a crime because it would have been unconstitutional to charge a sitting President.
If he found no evidence of a crime, then Trump’s status as President is entirely irrelevant. Mueller has to know that bringing up that “Presidential immunity” issue now will do nothing but churn up more anti-Trump hysteria among Democrats and the media. It’s the equivalent of throwing a bucket of chum into a shark tank.
I can’t see any purpose for this needlessly provocative statement other than a desperate hope that if enough anti-Trump, pro-impeachment fury can be churned up over nothing, it will distract attention from, and possibly even derail, the investigations into the investigators.
Personally, at this point, I think that Mr. Mueller, having had two years and over 440 pages to reveal any evidence he found (not to express his leanings, feelings or opinions, which is not his job), has more than said his piece. It’s too late for any PS’s or take-backs. He didn’t charge Trump with a crime because he admitted he found no evidence of any crimes. It’s now time to move on to scrutinizing those people in government who did betray the public trust and provide us with evidence of real crimes.