I have already addressed why Mueller’s interpretation of memos from the Justice Department Office of Legal Counsel is unprecedented and illogical. He concluded that, in barring the indictment and prosecution of a sitting president, those memos meant prosecutors can investigate but not reach conclusions on possible criminal acts.
It is not just his legal interpretation that is incomprehensible. Mueller was appointed almost two years before he released his report. He was fully aware that Congress, the Justice Department, the media, and the public expected him to reach conclusions on criminal conduct, a basic function of the special counsel. He also was told he should do so by the attorney general and deputy attorney general. Yet, he relied on two highly controversial opinions written by a small office in the Justice Department.
Over those two years, Mueller could have asked his superiors for a decision on this alleged policy barring any conclusions on criminal conduct. More importantly, he could have requested an opinion from the Office of Legal Counsel. That is what the Office of Legal Counsel does, particularly when its own opinions are the cause of confusion. One would think you would be even more motivated to do so, if you intended to ignore the view of the attorney general and his deputy that there is no such policy.