Just two days ago (11-5-17) A group of NBC News reporters filed a story titled “Mueller Has Enough Evidence to Bring Charges in Flynn Investigation”. While an attention-grabber in its’ own right, this announcement was not accompanied by the charges themselves, or followed up two days later by a filing of them. This begs the question “Why? What is Mueller waiting for?” In what follows, we’ll examine three possible explanations for this apparent delay.
Even someone with Mueller’s authority can’t just walk into court and file charges. The filing must be preceded by the submission of all sorts of documentation, including its’ evidentiary basis. So, it is possible that Mueller is simply dotting all his “i’s”, crossing all his “t’s” and getting his “ducks” in order.
Timing for maximum effect
Perhaps Mueller is holding back so as to coordinate his filing with some other related event that will arise out of his ongoing investigation; e.g. the near-completion of the building of a case against Flynn’s son so that both could be charged together.
“Enough” may not mean “all”
When the NBC team broke the story that Mueller had “enough” evidence to bring charges, they may have spoken only on the basis of an incomplete set of facts. This raises the possibility that the Flynn investigation remains open, and that when Mueller does file, it will be with more than enough evidence to do so. Put another way, the Special Prosecutor may be going for overkill and thus, the maximum of significant jail time in order to get Flynn to “flip”. Remember, months ago, it was Flynn’s lawyer who sought immunity for his client, saying that the ex-Trump Cabinet member “has a story to tell”.
There is no question that each one of these three scenarios is speculative. But, the bet here is that one of them will prove to be true. Pick your favorite and let’s see what materializes.