Former special counsel Robert Mueller won’t likely go beyond his own report when he testifies before Congress later this month, former FBI Deputy Director Andrew McCabe said Thursday, but there are ways for lawmakers to get information out of him.
“The report outlines at least 10 different categories of obstructive activity,” McCabe told CNN’s “New Day.” “In 8 of those 10 categories, Director Mueller concluded there was significant evidence to support each of the three elements of the offense.”
And, he added, if he was questioning Mueller “I would pick the top two or four areas that they think are most impactful and go through a very deliberate series of questions to get director Mueller to talk about the evidence that supports each of those elements of the crime.”
Meanwhile, McCabe acknowledged he doesn’t know if Mueller has to answer anything.
“He’s a reluctant but voluntary witness,” said McCabe. “I think from his own personal style, from my own experiences with him, I think he’ll try to avoid getting down between a personal conflict.”
Instead, Mueller will most likely deflect to the report itself and say he thinks it’s clear about the conclusions, said McCabe.
But if presented with direct questions, such as he’d prosecute based on the evidence on the report, “I think he’d have to say yes,” said McCabe. “He is a prosecutor by background…it’s going to be very hard for him to say that in similar circumstances a person confronting that sort of evidence wouldn’t be charged with obstruction.”