Speaking on his show Tuesday afternoon, Smith specially pointed out that Mueller’s report did not exonerate President Trump.
“Remember, in his 400-plus page report that everyone in America should read, everyone, Robert Mueller laid out 10 instances of apparent obstruction of justice, criminal obstruction of justice, potentially, by President Trump,” Smith said.
“The special counsel did not exonerate the president,” he added.
Mueller last month in his first public statement since the completion of his report said if his office “had confidence that the president clearly did not commit a crime we would have said so.”
The special counsel pointed to current Department of Justice guidance that says a sitting president cannot be indicted, but noted in his report that Congress has the authority to conduct obstruction investigations.
Smith’s comments on the report Tuesday came as he was discussing the showdown between the Justice Department and House Democrats as the chamber voted along party lines to hold former White House counsel Don McGahn and Attorney General William Barr in “civil contempt” for not complying with congressional subpoenas.