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Background

One comment on this question about Robert Mueller's 2017 Special Counsel Investigation inquired about a specific aspect of the investigation. This aspect related to the prosecutorial decision making of the Special Counsel:

First, a traditional prosecution or declination decision entails a binary determination to initiate or decline a prosecution, but we determined not to make a traditional prosecutorial judgment.

This specific portion seemed to cause a surprised reaction, as well as confusion given the apparently opposing views on the indictability of a president by federal authorities. Knowing the uncertainty about this aspect of federal law, both @Keith McClary, the person who wrote the original comment prompting this question and I wondered...

Question

In the 2017-2019 Special Counsel investigation, why wasn't the initial decision to make a non-traditional prosecutorial judgment made clear at the beginning of the process?

  • Presumably the only people who really know the answer to this are Mueller and his staff, and I don't think they've said. – Nate Eldredge Jul 13 at 17:48

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