As someone who has watched every episode of Law and Order at least three or four times, I am quite familiar with the term "hostile witness." It's every prosecutor's worst nightmare come true and it's a no-win situation.
This Wednesday, barring yet another delay, Robert Mueller will appear before The House Judiciary Committee to give sworn testimony that Democrats hope will help them make the case that this president has indeed committed high crimes and misdemeanors that are worthy of impeachment. But as Ben Stone or Jack McCoy could attest, not everything goes according to plan.
Mueller may be a skilled prosecutor, but he has little use for politicians who have an agenda, regardless of which side of the aisle they come from. Back in May, he made it clear in his press conference that he "would not provide information beyond that which is already public in any appearance before congress." Pushing Mueller to expand beyond the conclusions in his report could boomerang big time. And with Republicans looking for any excuse to discredit the entire investigation, it could be the gift of a lifetime for Trump.
So with that in mind, if I were Jerry Nadler and the Democrats, I would tread lightly with Mueller. Instead of going off on a tangent about hypotheticals that Mueller isn't going to answer anyway, I would stick to what's in the report. There's plenty of red meat in there if they stay focused. And the best way to stay focused is by forgoing the typical editorializing that politicians love to do. Save the speeches for after the hearing, people. You've got three hours; make them count.
For starters, I would begin with Part One of the report. Having Mueller reiterate under oath that, yes, Russia did indeed interfere with the 2016 election, and will most likely do so again in 2020, will take some of the wind out of the sails of Ranking Member Doug Collins and his cohorts. Regardless of their loyalties to this president, siding with a foreign power over the intelligence community is an image that will not sit well with a majority of Americans, no matter which cable news network they get their information from.
Secondly, I would pick two or three instances of obstruction of justice and drill as far down as possible. One question Democrats MUST ask is the sixty-four thousand dollar question. If a private citizen engaged in the sort of obstruction that was documented in the report, would that person have been indicted? If Mueller resists answering, have him read page 1 of Part Two, where he cites the opinion by the Office of Legal Counsel that ostensibly tied his hands before the investigation ever got off the ground. That, in and of itself, will be a powerful moment that will be viewed by millions of people over and over for weeks to come.
Last, but not least - and this has nothing to do with Mueller - Democrats have to be prepared for a Republican barrage of interruptions during Mueller's testimony. I submit it'll be part of a two-pronged attack: first, prevent Mueller from reading his report; second, plant the seed in the public's mind that the whole Russia investigation was a big hoax. Nadler won't be able to stop the latter; Committee rules permit the minority party the opportunity to present their side of the story, no matter how whacked out it may be. But Nadler has the right and the obligation to cut off their microphones if they attempt to disrupt the proceeding. If they object, screw 'em. While he was Chairman of the House Oversight Committee, Darrell Issa cut off the mic of Elijah Cummings while Cummings was still speaking. What goes around comes around.
So to sum up: don't push Mueller so far that he becomes a hostile witness; keep it simple with the questioning; and be prepared for a Republican ambush. If Democrats adhere to the above, Wednesday should turn out to be a good day for them. If they don't, it could be the first in a long line of bad days that might eventually lead to the most lawless president this nation has ever produced winning a second term in office.
And may God have mercy on their souls if that happens.
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