Category Archive 'Robert Mueller'

24 Aug 2018

The Hypocrisy of the Trump Hunt

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An unknown commenter wrote:

. .But the charges against Cohen, like those on which Paul Manafort was also convicted on Tuesday, have nothing to do with Russian meddling or with collusion between the Kremlin and Trump’s campaign. The Mueller investigation is still what its critics have always claimed: an attempt to bring down the duly elected president of the United States by any (legal) means possible.”

“The most significant lesson of the Trump era in American politics is that no one actually cares about so-called ‘norms’ or ethics or hoary phrases like ‘separation of powers.’ The same people who feign outrage when the president directs his attorney general to consider investigating the conduct of Obama-era officials would have no problem with Attorney General Kamala Harris prosecuting Trump under any imaginable pretext. The elaborate machinery of our judicial system — prosecutors, indictments, hearings, judges, verdicts — is simply an extension of the ruling party’s authority. It cannot be directed against the head of that party, as we were shown during the Clinton administration.”

15 Apr 2018

The Mueller Witch Project

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click on image for larger version.

10 Apr 2018

They’ve Got a Warrant

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12 Mar 2018

SNL Mocks Robert Mueller

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18 Feb 2018

Really?

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Mueller Indicts 13 Russians

13 guys posting opinions on social media successfully interfered with the lawful functioning of an American presidential election overruling the wishes of 127+ million voters? Wow!

25 Jan 2018

Advice for Trump: Call in a Ratcatcher

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Billy, the celebrated Rat Killing Dog, London, circa 1823

Peter Ferrara, at the America Spectator, says don’t fire Robert Mueller. Instead, fire and replace his boss with just the right personality.

Now there is one master stroke left for Trump to play to drive the stake through the heart of this attempted fascist coup against America, led today by Special Counsel Robert Mueller, the only barely still functioning corporal in the fascist army.

Mueller’s boss, who originally recommended him for appointment, is Deputy Attorney General Rod Rosenstein, who seems to be at the center of the fascist coup today. Trump’s essential master stroke would be to fire Rosenstein and appoint Rudy Giuliani as Deputy Attorney General in his place.

Giuliani would then be Mueller’s boss, with first-hand knowledge of whatever Mueller is doing, right or wrong. Giuliani would effectively be a Super Special Counsel, but operating within the Justice Department, in accordance with America’s Constitutional framework.

Giuliani knows what laws apply to professionals at the FBI and at Justice. After many years as the U.S. Attorney for the Southern District of New York, which covers Manhattan, Wall Street, and New York City, he knows how to proceed with preservation and collection of evidence, and prosecution of crimes. Expect an immediate exodus of all the Fascist coup co-conspirators, like cockroaches all scurrying about when the light is turned on in the dark basement downstairs.

Giuliani could also fire and replace Obama/Hillary co-conspirator Christopher Wray, current head of the FBI. Bring in former FBI Assistant Director James Kallstrom to replace him, a true patriot committed to restoring the integrity of the FBI.

Giuliani would know how to cooperate professionally with Trump’s appointed AG Jeff Sessions. He would actually be a great aid to AG Sessions, helping him to keep on top of the entire Department. Giuliani would know what materials can and should be released to the public, and how to do it legally.

History would record this one move as the beginning of the end of the fascist coup against America, and of the Trump resistance. The only question left would be what did Obama know, and when did he know it. Giuliani has the background to know how to uncover that as well.

RTWT

12 Dec 2017

Obstruction

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31 Oct 2017

Unpacking Yesterday’s Charges

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I was hoping somebody would take the time to read Mr. Mueller’s charges. Andrew C. McCarthy kindly did.

On first glance, Mueller’s case, at least in part, seems shaky and overcharged.

Even though the Ukrainian money goes back to 2006, the counts involving failure to file FBARs (Counts Three through Nine) go back only to 2012. This is likely because the five-year statute of limitations bars prosecution for anything before then. Obviously, one purpose of the conspiracy count (Count One) is to enable prosecutors, under the guise of establishing the full scope of the scheme, to prove law violations that would otherwise be time-barred.

The offense of failing to register as a foreign agent (Count Ten) may be a slam-dunk, but it is a violation that the Justice Department rarely prosecutes criminally. There is often ambiguity about whether the person’s actions trigger the registration requirement, so the Justice Department’s practice is to encourage people to register, not indict them for failing to do so.

It may well be that Manafort and Gates made false statements when they belatedly registered as foreign agents, but it appears that Mueller’s office has turned one offense into two, an abusive prosecutorial tactic that flouts congressional intent.

Specifically, Congress considers false statements in the specific context of foreign-agent registration to be a misdemeanor calling for zero to six months’ imprisonment. (See Section 622(a)(2) of Title 22, U.S. Code.) That is the offense Mueller charges in Count Eleven. But then, for good measure, Mueller adds a second false-statement count (Count Twelve) for the same conduct — charged under the penal-code section (Section 1001 of Title 18, U.S. Code) that makes any falsity or material omission in a statement to government officials a felony punishable by up to five years’ imprisonment.

Obviously, one cannot make a false statement on the foreign-agent registration form without also making a false statement to the government. Consequently, expect Manafort to argue that Mueller has violated double-jeopardy principles by charging the same exact offense in two separate counts, and that the special counsel is undermining Congress’s intent that the offense of providing false information on a foreign-agent registration form be considered merely a misdemeanor.

Finally, the money-laundering conspiracy allegation (Count Two) seems far from slam-dunk. For someone to be guilty of laundering, the money involved has to be the proceeds of criminal activity before the accused starts concealing it by (a) moving it through accounts or changing its form by buying assets, etc., or (b) dodging a reporting requirement under federal law.

Now, it is surely a terrible thing to take money, under the guise of “political consulting,” from an unsavory Ukranian political faction that is doing the Kremlin’s bidding. But it is not a violation of American law to do so. The violations occur when, as outlined above, there is a lack of compliance with various disclosure requirements. Mueller seems to acknowledge this: The money-laundering count does not allege that it was illegal for Manafort and Gates to be paid by the Ukrainian faction. It is alleged, rather, that they moved the money around to promote a scheme to function as unregistered foreign agents, and specifically to avoid the registration requirement.

That seems like a stretch. To be sure, the relevant money-laundering statute includes in its definition of “specified unlawful activity” “any violation of the Foreign Agents Registration Act of 1938.” (See Section 1956(c)(2)(7)(D) of Title 18, U.S. Code.) But the prosecution still has to prove beyond a reasonable doubt that the money was the proceeds of unlawful activity in the first place. Moreover, the prosecution must prove beyond a reasonable doubt that Manafort and Gates (a) knew the money was the proceeds of illegal activity and (b) transported the money the way they did with the specific intent of avoiding having to register as foreign agents. This count will thus fail if there is any doubt that the Ukrainian money was illegal under American law, that Manafort and Gates knew it was illegal, that they knew the work they were doing required them to register as foreign agents, or that it was their intention to promote a failure-to-register violation.

Even from Paul Manafort’s perspective, there may be less to this indictment than meets the eye — it’s not so much a serious allegation of “conspiracy against the United States” as a dubious case of disclosure violations and money movement that would never have been brought had he not drawn attention to himself by temporarily joining the Trump campaign. From President Trump’s perspective, the indictment is a boon from which he can claim that the special counsel has no actionable collusion case.

25 Jul 2017

How Trump Should Fire Mueller

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Kurt Schlichter has written Robert Mueller’s dismissal letter for Mr. Trump:

Robert Mueller

Special Counsel

United States Department of Justice

Dear Mr. Mueller:

I write in my capacity as the President, and to you in your capacity as a subordinate executive branch officer.

[This is where the president clarifies who works for whom – and whom the American people elected. Hint: It wasn’t the Menschian Suddenly-Aware-That-Russia-Is-Bad Gang.]

You were appointed to investigate the baseless and politically motivated claims of collusion with Russia. While I am frustrated at the partisan innuendo and improper leaks, I respect this process. Yet these false claims have interfered with my administration’s ability to deliver on the promises I made to the tens of millions of Americans who voted for me last November.

[This is where the President makes clear that he will not let these bogus charges derail the policies the American people voted for. You establishment creeps want to go back to business as usual? Win an election. Your coup fantasies? Not happening.]

It is important for me to tell you and the American people, who will read this letter since I intend to make it public, that nothing here seeks to impugn your integrity. You served your country honorably as a Marine overseas and in various roles at home.

[Of course, Trump must tweet out this letter, and it must be distributed far and wide by the skillful and smooth Anthony Scaramucci so that voters can read it themselves and not have to rely on the CNN/NYT/MSNBC/WaPo Lie Machine’s spin.]

But several troubling matters related to your investigation have arisen, so I am directing you to provide me a written explanation regarding the following matters no later than noon three days hence. I intend to release your response to the public, which must have full confidence in your investigation if it is to put to rest these baseless allegations.

[Shift the paradigm! Mr. President, this guy works for you. He owes you – and the American people – an explanation!]

1. 28 CFR 45.2 (”Disqualification arising from personal or political relationship”) bars participation in any investigation involving a personal friend. You are a long-time, close personal friend and mentor of James Comey. He is the source of allegations against me that leaks from your team that indicate that you are investigating. Please explain why you contend that 28 C.F.R. 45.2 does not apply to you based upon your close personal friendship with Mr. Comey. Please explain how your close friendship with this accuser will not undermine the American people’s confidence in the impartiality and fairness of your investigation.

[I was just discussing with one of my very, very prominent lawyer buddies how this whole thing stinks and would never be tolerated in the normal legal world. Any American is going to understand that you don’t appoint the pal of the “victim” to investigate the “crime.”]

2. Federal Election Commission filings show the political donations made by your staff, including donations of the maximum amount allowed by law, are overwhelmingly directed toward the Democratic Party. [Insert here a list of them and their Hillary payoffs so the people can see just how outrageous this really is.] Please explain why 28 C.F.R. 45.2 does not apply to your staff based on their demonstrated partisan preference for liberal Democrats who oppose my administration. Please explain how it happens that none of your staff appears to have primarily donated to Republicans – nor any of them to my candidacy despite the fact about 45% of American voters voted for me.

[Seriously. What the hell? The American people need to hear loudly and clearly that Mueller is picking members of the Felonia von Pantsuit fraternity for his metastasizing mob – and they’ll ask “Why?” Mueller cannot give a good explanation because there isn’t one.]

3. On June 14, 2017, the news media reported a leak from inside your investigation to the effect that I was personally the subject of an investigation for “obstruction of justice.” This leak was widely perceived as a bureaucratic maneuver designed to prevent me from exercising my prerogative under the Constitution of relieving you, a subordinate executive branch officer, of your duties. Recently, there were leaks about you unilaterally further expanding the probe beyond the bogus Russian collusion claims to my personal financial matters from a decade ago. Fairly or not, these shameful betrayals of your confidence by members of your team (assuming the media is accurate, which is questionable) portray you as using the kind of tactics that resulted in my mandate to “drain the swamp.” And these endless leaks are especially troubling in light of Mr. Comey’s admission that he leaked information to manipulate the special counsel process, while hiding from the American people the fact that I was never under investigation for collusion with Russia.

[Time to remind people that Mueller is not leading a group of dedicated professionals pursuing the truth but a liberal agenda-driven, undisciplined band of Hillary hacks who are just another set of Washington insiders playing the same old political games.]

If these leaks are accurate, please explain the steps you are taking to identify who on your team violated your trust and the trust of the American people. If the leaks are not true, please unequivocally state that fact. Please also explain the steps you are taking to ensure that your staff will act professionally and with integrity in the future in order to regain the American people’s confidence in the impartiality and fairness of your investigation.

[Boom. Put it back on Mr. Integrity™ to explain what he plans to do to restore some professionalism to the circle of jerks that is his team.]

This matter must be resolved quickly and completely, in a manner which all Americans see as absolutely impartial and fair. I am directing your public response to this letter both in fairness to you, because you deserve a chance to answer these concerns, and for the American people, who have questions that require answers.

[So you wanna play this out in the media? Okay. Except now you can’t do it from in hiding using whispers and lies. Time to stand up and be held accountable instead of talking smack via cowardly gossip through friendly liberal media catamites.]

And the American people deserve those answers soon, because they deserve an executive branch that can devote its full efforts to the agenda the people voted for. I am confident you share my determination that this not become another endless, expensive, and ultimately meaningless exercise in Washington gamesmanship. Accordingly, unless additional time, not to exceed 30 days, is granted upon a showing of good cause, I direct you to present your written findings by October 31, 2017. At that point, your appointment as Special Counsel will expire and any remaining matters requiring further investigation will continue to be investigated via normal Department of Justice investigatory channels.

[Set a fuse and light it. This charade cannot go on endlessly, so don’t let it.]

Donald J. Trump

RTWT


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