Muller's indictment of Russian conspirators appears to be backfiring.

Against all expectations, in April, lawyers for one of the Russian corporate defendants, Concord Management and Consulting, LLC, entered their appearances in the U.S. District Court for the District of Columbia. They followed up by serving extensive discovery requests on Team Mueller seeking full disclosure of the government's case and investigation including sensitive national security and intelligence information.

This type of discovery is called "graymail" (as distinguished from blackmail) in which the government is faced with having to disclose closely guarded state secrets in order to proceed with the prosecution. The alternative is to drop the charges.

Given that the maximum penalty against Concord is an uncollectable $500,000 fine or equally uncollectable compensation to anyone damaged by the alleged conspiracy, the choice is all the more bitter for Team Mueller. Should they litigate the discovery requests? If they lose and are faced with having to disclose sensitive intelligence information about the case and their investigation, should they withdraw the indictment against Concord? And, if they drop the charges, are they prepared for the resulting public mockery and howls of derision?

Andrew C. McCarthy has more on the topic of judicial hardship for Mueller. Seems like it's past time to wrap up this investigation.

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