Connect with us

Opinions

Mueller’s abject failure to follow the law

Published

on

Muellers abject failure to follow the law

Special Counsel Mueller’s report has been subjected to a wide variety of interpretations designed to support the political opinions of the interpreter. Thus, we have Trump’s “Completely Vindicated!” claim and Democrat assertions that the “real truth is in the redactions.” On the issue of collusion, coordination, or conspiracy, we may definitively state that there wasn’t any. In fact, the Russians tried, and were shut down by the Trump campaign. In Mueller’s own words,

“The special counsel did not find that the Trump campaign, or anyone associated with it, conspired or coordinated with the Russian government in these efforts, despite multiple offers from Russian-affiliated individuals to assist the Trump campaign.”

That leaves us with the obstruction of justice argument. There, the waters get muddier. Many commenters on the Right have strongly insinuated that Mueller created his report specifically to establish a roadmap for impeachment. By regulation, all he had to say for Volume 1 was the quote above. Volume 2 is a much more complicated story.

There is a legal debate as to whether obstruction of justice statutes even apply to the President. Under what is known as the “Clear Statement Rule,” if any part of the President’s actions bear on his responsibilities under Article II of the Constitution, then he cannot be held criminally liable for them. That doesn’t mean that they aren’t bad, evil, or impeachable. The grounds for impeachment are “Treason, Bribery, or other high Crimes and Misdemeanors.” This expansive term of art clearly allows the removal of the President for any act that the House and Senate agree is far enough outside the pale. Those actions do not have to be criminal.

It is clear that Mueller did not consult with the Office of Legal Counsel as required under §600.7 of Title 28. The “established practices” of the OLC “are supposed to be binding under the special counsel regulations.” His failure to consult with the OLC “suppressed standard legal doctrine and engaged in novel legal moves in order to hold open the possibility that all 10 of the events he analyzed might have been crimes.” In other words, Mueller wrote a report that in essence said, “I don’t like what he did. I can’t quite make it into a crime, so I’ll dump it out there to create a roadmap for impeachment.” In short, he did exactly what James Comey did in his famous July 5, 2016 press conference about Hillary Clinton’s emails. He violated every canon of DOJ behavior to smear Trump by refusing to say that he did not find a prosecutable case of obstruction.

The bigger problem with this approach is that it screws up the law for future Presidents. Unless the DOJ OLC issues an opinion contradicting Mueller’s bastardization of the law, every future President will labor under a cloud that every action he takes will be scrutinized under an impossible legal standard. As Justice Robert Jackson said (emphasis added),

“The opinions of judges, no less than executives and publicists, often suffer the infirmity of confusing the issue of a power’s validity with the cause it is invoked to promote, of confounding the permanent executive office with its temporary occupant.”

What Mueller should have done is to consult with the OLC, realize that he had no case for obstruction, and abandoned his inquiry as soon as he realized that there was no case for Russian Collusion. Since this was probably the circumstance in early autumn of 2017, we have a clear case of a Special Counsel with nothing to do, who then used the elastic language of his commission to continue for an extended period. In doing so, he kept the collusion narrative alive, most likely leading to a number of Republican seats in the House flipping to Democrat. It’s even possible that the Arizona senate seat won by Kristen Sinema might not have turned blue. Further, by then plowing ahead with an obstruction investigation contrary to OLC rules and in violation of Title 28 §600.7, he then promoted a further stain on our President.

We can agree that Donald Trump doesn’t behave in the dignified way we’d like. But “Orange Man Bad” memes are not a proper way to deal with either the office or its occupant. When you are charged with a legal investigation, you must deal with the law. Period. Further, Robert Mueller was charged with making a prosecutorial decision. Either Trump should be charged, or he should not be. To fail to reach that level of clarity is a dereliction of duty for which we must ask, “Why?”

We find ourselves wondering why he did not simply say, “We found no proof that President Trump obstructed justice.” Added to the prior short paragraph, we’d have a one-page report that could be released in full without redactions. And that would be the proper report, since no criminal charges were prepared against anyone. Instead, we get over four hundred pages created over the Attorney General’s objections with Grand Jury materials included. Those have to be blacked out, since they cannot legally be published. And that lets the Democrats scream about what’s hidden.

In short, Robert Mueller crafted his investigation and report in a way that is designed to create suspicion about the President. This can only serve to harm the President, rather than clearing the air as he was supposed to do. And it forces us to consider the incidents about which he refuses to reach a conclusion.

  • Asking Comey to not prosecute Michael Flynn

According to James Comey, the President said, “I hope you can see your way to letting this go.” That’s an aspirational statement. To paraphrase, Trump said, “Flynn’s a good guy. Do you really need to prosecute him?” There’s no evidence that Trump followed up with an order to stop. But if he had, that clearly would have been within his Article II powers as the President. No obstruction is possible.

  • Trump was angry at Sessions’ recusal from the Russia probe
  • Trump’s reason for firing Comey wasn’t clear.
  • Trump called the appointment of the Special Counsel “the end of his presidency.”
  • Trump asked Corey Lewandowski to arrange public announcements that the Special Counsel investigation was “very unfair” to the President.

These are a major “So whats?” There’s no obstruction in being angry. And if Trump were to fire Sessions over his recusal, that’s his Constitutional authority. The AG serves “at the pleasure of the President” under Article II. Trump could also fire Comey for any reason or no reason at all under the same authority. And the Special Counsel investigation would act as a block to many things Trump wanted to get done.

  • Trump asked Comey and others to publicly declare that Trump was not involved with Russian election interference.

Trump didn’t have any involvement with Russia, and Comey knew it. But Comey declined to say anything because he was involved in an illicit investigation to try to hang Trump. Had Trump ordered him to make the statement, Comey would have been faced with a choice to issue it or resign, since Trump was Comey’s boss. Comey did neither, and Trump stood pat, frustrated. Frustration is not obstruction.

  • Trump told the White House Counsel to have the Deputy AG fire Robert Mueller.

Since the investigation was not a criminal investigation, it is very difficult to twist this into obstruction, particularly since the President’s reason was that Mueller had multiple conflicts of interest. This would be the proper way to deal with the conflicts. A new SC would be appointed, presumably without the conflicts. Trump’s later request for the WHC to change his story came after the WHC had been interviewed by Mueller, and was rejected. But we must recall that, as the Chief Executive, Trump had the Constitutional right and authority to shut Mueller down any time he wanted, for any reason or no reason. That could not be obstruction.

The President refused to rule out pardons for Flynn, Manafort, and others. This isn’t obstruction. Rather, it’s the way Donald Trump lives. He operates from “strategic ambiguity,” forcing others to make decisions. This often creates opportunities for him. We’ve seen it in foreign policy and trade negotiations. Not once did he say, “If you say this or that, I’ll give you a pardon.” Any story to the contrary is a manufactured lie.

The only incident that did not have to do with Article II powers was the famous Trump Tower meeting with Donald Trump Jr. Whether the President knew about the meeting ahead of time is meaningless. What is meaningful is that Mueller knew that Russian lawyer Natalia Veselnitskaya met before and after the Trump Tower meeting with Glenn Simpson at Fusion GPS. It was a setup, and DT Jr didn’t fall for it.

After this long litany of nothing-burgers, we should be able to see that Robert Mueller had a very easy call to make. There was no chargeable obstruction in any action by Donald Trump. Period. Yet he refused to make this call, even though it was his job to make it. He was derelict in his duty, both in this failure and in the creation of a legal standard contrary to the DOJ legal counsel’s standard.

As Attorney General Barr moves forward, it will be interesting to see how much of Mueller’s work was dedicated to harming the President rather than bolstering the rule of law.

Boost This Post

Get this story in front of tens of thousands of patriots who need to see it. For every $30 you donate here, this story will be broadcast to an addition 7000 Americans or more. If you’d prefer to use PayPal, please email me at jdrucker@reagan.com and let me know which post you want boosted after you donate through PayPal.

Will you help revive the American Conservative Movement?

 


NOQ Report Needs Your Help

Advertisement

0

Guns and Crime

Jeffrey Epstein’s ties to Bill Clinton

Published

on

Jeffrey Epsteins ties to Bill Clinton

Powerful men across the country and around the world are sweating over child sex trafficker Jeffrey Epstein’s arrest. He may turn on them, cutting a deal to reveal all the dirty secrets the billionaire may hold. We don’t know a lot about who could be involved, but there’s someone who seems to be most closely attached to him: President Bill Clinton.

One wouldn’t know this based solely on the way mainstream media has been covering it. The loose associations between Epstein and President Trump have been more of the focus. Anything they can do to attach the President to the pedophile is fair game.

But don’t expect them to ignore Clinton if Epstein implicates him. They have no allegiance to the former president. If anything, they would love to roast Clinton to prove they’re fair and balanced. Nevertheless, the connections are worth noting.

This comprehensive look at Clinton’s ties to the criminal billionaire by Gina Shakespeare at The Epoch Times breaks down all the connections and comes to the only logical conclusion: Slick Willy is very nervous right now.

We are currently forming the American Conservative Movement. If you are interested in learning more, we will be sending out information in a few weeks.

American Conservative Movement

Continue Reading

Democrats

Comparing the 1976 election to 2020

Published

on

Comparing the 1976 election to 2020

As we all know, the best thing about hindsight is that it is always 20/20. In 1976, I made the one big political blunder that I will live up to. I helped elect Jimmy Carter as 39th president of the United States.

Actually, it all started out positively but very quickly slid downhill on a steep incline. Jimmy Carter has been an unmitigated disaster both during and since his time in office. He is just lucky that Barack Obama has now taken his title as worst president of our lifetime.

SETTING THE SCENE IN 1976

On Election Day, November 2, 1976, I was a 27 year old U.S. Air Force veteran enrolled at a Christian university. I had survived the Hippie Revolution during the Psychedelic 60s. While the war in Vietnam was raging, I served tours in the Philippines and on Okinawa.

At the time of the 1968 election, I was already over 18 but the 26th Amendment lowering the voting age from 21 had not yet been ratified. Therefore, my first opportunity to vote for President of the United States was via absentee ballot from Clark Air Base, Philippines in 1972.

Richard Nixon’s political future had been written off when the standing VP lost to a young Senator from Massachusetts in 1960. But 1968 was a very turbulent year in politics. In fact, it was a very traumatic year for our entire country.

Reverend Martin Luther King, Jr. had been assassinated on a balcony in Memphis, Tennessee on April 4th. Barely four and a half years after the assassination of JFK, his younger brother and former U.S. Attorney General RFK was shot and killed at a hotel in Los Angeles just a few miles from where I then resided. Robert Kennedy had just won the California Democratic Primary when his life was so tragically ended.

Richard Nixon defeated Hubert Humphrey in the general election that year of 1968. In 1972, he was overwhelmingly re-elected against George McGovern. The best political slogan of all time that I recall was McGovern McCan’t.

So Nixon was riding high. But the man who always seemed destined to eventually self-destruct self-destructed. If you’re too young to remember Watergate, please Google it.

Nixon’s VP Spiro Agnew of Maryland had resigned due to a scandal and Gerald Ford had been confirmed as his replacement. In the face of almost certain impeachment, Tricky Dicky resigned on August 9th, 1974, just a couple months after I had returned to civilian life.

Jerry Ford was a very likable former Congressman from Michigan who was as clumsy as all get-out. America (myself included) was disgusted over the revelations of Watergate and rampant corruption in the White House.

Without belaboring the point, the time was ripe for a perceived Southern Gentleman from Georgia to bring civility back to the U.S. presidency. At their convention in Kansas City in 1976, the GOP had the chance to nominate Ronald Reagan but went with Ford instead.

I believe it was Charles Osgood who used to do rhyming reports who made the most memorable one that still sticks in my mind. This week in Kansas City fair, there was a man who wasn’t there! The GOP wanted no discussion whatsoever of Nixon’s fall.

So Jimmy Carter won.

SETTING THE SCENE IN 2020

This current discussion is not so much about the miserable legacy of Jimmy Carter which I have written about before. Suffice it for now to remind us that he was the one who failed to respond to Iran and created the hostile environment that still exists 40 years later. Carter then went on to pander to Palestinians and other Middle Eastern hostile Islamic entities.

What I’m focusing on here is how America was sick of Nixon and blamed the Republican Party for his abuses. He had actually done more good than bad following 8 years of Democrats under JFK and LBJ. But Watergate erased every bit of that.

Now, we are once again at a crossroads in history. After eight years of Democrat misrule under BHO, in 2016 our country was ready to entrust our future to Donald Trump. No need to go into an evaluation of POTUS 45.

I went into more detail about 1976 because many of you reading this today were not born yet, some were too young to yet take an interest in national events and frankly memories tend to dim after the passage of so much time unless this is a vital component of one’s sense of civic responsibility.

Today there is a lot of loose talk about a potential impeachment of our incumbent president. Many have actually forgotten or purposely buried the actual impeachment of Bill Clinton. But, the truth is that impeachment of President Trump remains highly unlikely. But this has all created an atmosphere of uncertainty.

This current article might be somewhat more apropos in 2024 when Donald Trump is completing his second full term in office. Yes, I fully expect that to happen. But there is too much that applies today to try to hold these thoughts in abeyance for 5 years.

The Democrat Party today is a far cry from what it was in 1976. Back then, Dems and GOP both seemed to love America but to have different visions of how to govern this wonderful land.

It would not be unreasonable in this day and age to question whether modern Democrats really do still love the United States of America. Do they value our shared national tradition over their own greed and political ambitions for power?

Nothing nearly as extreme as Watergate has transpired under POTUS 45. But I do observe that there is a sense of urgency in some factions to totally repudiate and distance our country from the policies and behavior of Donald Trump. To those old enough to remember, the one theme that remains constant with both Nixon and Trump is that their detractors consider them totally dysfunctional despite their actual accomplishments.

A rational decision in 1976 would have led to a vote for Gerald Ford rather than Jimmy Carter as I can now clearly see in retrospect. But Carter was soft-spoken and seductive in his political rhetoric. While the Democrat field of presidential hopefuls has yet to be winnowed down, there is a lot more chaff than wheat in the field. What is left may be less than optimum.

20/20 NEEDED IN 2020

We must avoid myopia at all costs. We must see people and their potential clearly. Those of us who supported a different GOP candidate in 2016 are resigned to the fact that Trump prevailed. Even if we would prefer someone different on our ticket next year, it ain’t going to happen.

We have to be careful not to think that the grass is always greener on the other side of the fence. I hate to use this metaphor when some are actually campaigning to decriminalize cannabis. I never bought into the hippie culture during my youth and never experimented with grass and definitely never dropped acid.

But the fact that we are not 100% pleased with the status quo is no excuse to replace it with something exponentially less desirable. That’s why I haven’t focused on everything Jimmy Carter did as president and as ex-president to demonstrate his incompetence. That is all part of the historical record which you can easily research for yourself if you don’t remember it first-hand.

I’m more concerned with the discontent or malaise in the country that set the scene for the election of Jimmy Carter. I share the blame with many who were deceived and misled. I have never voted for another Democrat since if that counts for anything.

For those who don’t remember Watergate, it wasn’t the break-in that led to Nixon’s downfall. It was the subsequent cover-up.

There is nothing Trump has done or failed to do thus far that would lead to impeachment. He just needs to exercise care not to overreact. As long as he continues to do the job he was elected to do to the best of his ability, following the advice of the best advisors available, he will definitely be re-elected.

But if he panics and indulges in ad hominem attacks on specific opponents, he is just making himself more vulnerable politically. That would be opening the door that should remain padlocked from the inside.

We as conservatives must first and foremost remain circumspect. We all know there is much political discontent in this country. I personally have not felt such intensity since 1968 in those who want to tear down the infrastructure of our national government and start from scratch.

The Proud of America sentiment of the 1950s was rudely and crudely displaced in the 1960s. Despite Carter and other negative influences, we made it through as Ronald Reagan restored a feeling of patriotism amongst Americans.

We are currently in the most prolonged era of international warfare that we have ever experienced. We somehow survived the fundamental negative transformation of America and social re-engineering of the Obama years.

A FORK IN THE ROAD

So, we have once again come to crunch-time. We will do well to recall the mistakes made in the 1976 election which we must not repeat in 2020.

Remember that not all that sounds good is good. Not everyone who looks good is good. Conversely, all that may at first seem bad is not necessarily bad. What initially seems to be the worst option may ultimately be the one we should take.

The biggest difference in the last 43 years of course is modern technology. We didn’t have email back then, let alone the internet and social media. Information can now be instantly transmitted around the globe the moment you click Send or Tweet.

So let’s use this to our advantage. Share the word. The message is that things today are not as bad as they seem. Sometimes we just have to dine on peanut butter and jelly rather than caviar. Truth be told, I think I like the taste of PBJ sandwiches better anyway. If you want to make this a Jimmy Carter analogy, just say he was a better peanut farmer than president.

I can’t predict today who is the probable Carteresque decoy in the Democrat Party. But I can absolutely guarantee you, there’s not even one Winston Churchill in the midst. To go back in history even farther than we usually do, FDR led us into World War II but it took Truman to lead us out.

If there is one patriot in the Democratic Party who is not a complete political animal, please step forward and be recognized. There are only two genders, so please acknowledge which one you are and be a man or woman of principle.

Cut out the crap about cages at the border. Stand up for our national sovereignty. As long as you keep pandering to lawbreakers, you don’t deserve consideration to be our next president and commander-in-chief.

SUMMING IT UP

0+0=0.

America, avoid the error of 1976 and don’t fall for any candidate who promises you something will be created from nothing. Only God can do that. Nobody on the 2020 ballot will be divine.

The best mortal prospect is our current and future President Donald Trump. If I had to eat crow over voting for Carter, I must accept the fact that the celebrity from New York is better, far better, than any foreseeable alternative.

I sincerely wish it were not so.

But it is so.

[Frame this and hang it on your wall, Pres. Trump, because it’s the closest thing you’re ever going to get to an endorsement from me. You don’t know me from Adam, but you can rest assured a lot of other conservatives who were disenfranchised in Cleveland feel the same way.]

We are currently forming the American Conservative Movement. If you are interested in learning more, we will be sending out information in a few weeks.

American Conservative Movement

Continue Reading

Opinions

Mr. President, at least let someone read your Tweets before sending them

Published

on

Mr President at least let someone read your Tweets before sending them

I gave up long ago on hoping the President would stop Tweeting his opinions on everything. Sometimes he scores, but more often than not his Tweets are fodder for the press that hates him and the Democrats who despise him. Today was one of those days following a set of Tweets many are labeling as racist.

I understand the intent of the Tweet. He didn’t mean to be directly racist as he called out the anti-American activities of “the squad,” but it definitely was perceived that way. It couldn’t have come at a worse time. Just when the Democrats seemed poised to go into all-out civil war, the President reunified them with one set of Tweets. Now, they’re all singing Kumbaya at the Democrats’ Capitol Hill campfire while journalists are busy collecting hot takes on the President’s remarks.

All thoughts of infighting by the Democrats are gone, a forgotten deviation in protocol before being steeled back to their original place of fighting the “racist” President. It was an unforced error at a crucial time, and it’s all because the President refuses to let anyone read his Tweets before pressing send. The saddest part is someone obviously told him the Tweet wasn’t going to be received well because he then went on a retweet spree in an attempt to bury the post, but it was too late. The press pounced. Democrats pounced. Even many conservatives reluctantly pounced.

Some will say that the President must remain unfiltered, but that’s ludicrous. He’s the President of the United States. He has teams of people who are ready and willing to help him make himself and the country look great. Letting someone read his Tweet and offering their opinion would prevent him from making such mistakes as today’s. It’s not “filtering” him as much as it’s offering a second opinion on an extremely important form of governmental communication. If you don’t think Twitter is important, then you haven’t watched the news today. Twitter is very important, even outside of its narrow feeds because it’s where mainstream media pulls most of the quotes the President has to offer.

What he offered today was idiotic.

This is a plea from a firm supporter to President Trump: You would be doing so much better in the eyes of the American people if you just run your Tweets past the communication department before pressing send. Please.

We are currently forming the American Conservative Movement. If you are interested in learning more, we will be sending out information in a few weeks.

American Conservative Movement

Continue Reading

Facebook

Trending