Friday, May 31, 2019

Shame on Mueller

From Alan Dershowitz at The Hill:
The statement by special counsel Robert Mueller in a Wednesday press conference that “if we had confidence that the president clearly did not commit a crime we would have said that” is worse than the statement made by then FBI Director James Comey regarding Hillary Clinton during the 2016 presidential campaign. Comey declared in a July 2016 press conference that “although we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information, there is evidence that they were extremely careless in their handling of very sensitive highly classified information.”

Comey was universally criticized for going beyond his responsibility to state whether there was sufficient evidence to indict Clinton. Mueller, however, did even more. He went beyond the conclusion of his report and gave a political gift to Democrats in Congress who are seeking to institute impeachment proceedings against President Trump. By implying that President Trump might have committed obstruction of justice, Mueller effectively invited Democrats to institute impeachment proceedings. Obstruction of justice is a “high crime and misdemeanor” which, under the Constitution, authorizes impeachment and removal of the president.

Until today, I have defended Mueller against the accusations that he is a partisan. I did not believe that he personally favored either the Democrats or the Republicans, or had a point of view on whether President Trump should be impeached. But I have now changed my mind. By putting his thumb, indeed his elbow, on the scale of justice in favor of impeachment based on obstruction of justice, Mueller has revealed his partisan bias. He also has distorted the critical role of a prosecutor in our justice system. (Read more.)

From The Federalist:
If there were any doubts about Special Counsel Robert Mueller’s political intentions, his unprecedented press conference on Wednesday should put them all to rest. As he made abundantly clear during his doddering reading of a prepared statement that repeatedly contradicted itself, Mueller had no interest in the equal application of the rule of law. He gave the game, and his nakedly political intentions, away repeatedly throughout his statement.

“It is important that the office’s written work speak for itself,” Mueller said, referring to his office’s 448-page report. Mueller’s report was released to the public by Attorney General William Barr nearly six weeks ago. The entire report, minus limited redactions required by law, has been publicly available, pored through, and dissected. Its contents have been discussed ad nauseum in print and on television. The report has been speaking for itself since April 18, when it was released. 
If it’s important for the work to speak for itself, then why did Mueller schedule a press conference in which he would speak for it weeks after it was released? The statement, given the venue in which it was provided, is self-refuting.  Let’s start with the Mueller team’s unique take on the nature of a prosecutor’s job. The standard American view of justice, affirmed and enforced by the U.S. Constitution, is that all are presumed innocent absent conviction by a jury of a specific charge of criminal wrongdoing. That is, the natural legal state of an individual in this country is innocence. It is not a state or a nature bestowed by cops or attorneys. Innocence is not granted by unelected bureaucrats or federal prosecutors.(Read more.)
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