Tuesday, July 23, 2019

The Shaky Standing of Mueller's Footnotes




Who knew that the humble footnote would loom so large in some of the most consequential documents of our time? Those bottom-of-the-page annotations are supposed to impose rigor on authors by forcing them to cite justifications for what they assert. But in the age of collusion claims, footnotes have become so much more -- places for officials to tuck away inconvenient information; discreet spaces in which to make dubious assertions; or fine print in which required disclosures can be hidden in plain sight.
It was in the footnotes, for example, where the FBI appears to have misled the FISA court in its application to spy on Carter Page – obscuring its reliance on opposition research, the Steele dossier, financed by the Hillary Clinton campaign.
The more than 2,000 footnotes included in Special Counsel Robert Mueller’s report on Trump-Russia collusion allegations are also illuminating. Most of the citations are matter-of-fact support for claims made in the main text. But a close reading reveals that many of the footnotes raise more questions than they answer, especially regarding Mueller’s methods and intent. Some footnotes show that key allegations often rely on the flimsy say-so of media accounts; others show a willingness to accept the claims of anti-Trump critics at face value. Mueller and his team also used the footnotes as the place to include unsubstantiated gossip and speculation.  
Mueller has made it clear that during his scheduled testimony before Congress on Wednesday, he will not discuss his investigation beyond the “four corners” of his official report. But those four corners encompass not only the main text, but thousands of footnotes.
If Robert Mueller is going to defend his document, he will have to be prepared to defend the footnotes too. It is there where the strengths and weaknesses of the Mueller report are most clearly on display. Come Wednesday’s hearings, the advantage may go to the questioners who know where to look.
The Comey Memos