August 5, 2017
The Likely Road Ahead for the Mueller Investigation

By William L. Gensert
<http://www.americanthinker.com/author/william_l_gensert/>

Special Counsel Mueller has empanelled a grand jury with respect to his
investigation into collusion between members of the Trump Campaign and
Russian agents.  At least that’s the premise.  It would not be beyond the
realm of possibility that what is presented to this grand jury has little
to do with the 2016 election and much to do with whatever he has found
looking into all aspects of President Trump’s life and business dealings
going back to before the election of Barack Obama.  We already know he has
been asking questions about a real estate deal from 2008
<https://www.bloomberg.com/news/articles/2017-07-20/mueller-is-said-to-expand-probe-to-trump-business-transactions>
where a Russian oligarch bought a Florida mansion from the president.

That’s the problem with the Mueller investigation.  He has gone way beyond
what he was charged to do with his appointment as Special Prosecutor.

[image: Description:
http://admin.americanthinker.com/images/bucket/2017-08/199646_5_.jpg]

Can anyone’s life take the kind of scrutiny Special Counsel Mueller is
subjecting Donald Trump to and come out clean?  Sorry, but I don’t know
anyone.  One thing about the past is it’s never really the past.  Harvey
Silverglate wrote a book (with the forward by Alan Dershowitz) called *Three
Felonies a Day*
<https://www.amazon.com/Three-Felonies-Day-Target-Innocent/dp/1594035229/ref=sr_1_1?ie=UTF8&qid=1501785991&sr=8-1&keywords=Three+Felonies+a+Day>.
In it, he maintained that just about everyone commits 3 felonies a day
without even being aware of it because the statutes of today are so
complicated that everyone is demonstrably a criminal if you look hard
enough.

Acting Attorney General Rod J. Rosenstein’s order appointing as Special
Counsel Robert S. Mueller III includes the following:

The Special Counsel is authorized to conduct the investigation confirmed by
then-FBI Director James B. Comey in testimony before the House Permanent
Select Committee on Intelligence on March 20, 2017, including:

(i) any links and/or coordination between the Russian government and
individuals associated with the campaign of President Donald Trump; and

(ii) any matters that arose or may arise directly from the investigation;
and

(iii) any other matters within the scope of 28 C.F.R. § 600.4(a)
<https://www.law.cornell.edu/cfr/text/28/600.4> (the Special Counsel
statute).

It does not include searching through Donald Trump’s entire history to find
any crime he may have ever committed so he can recommend federal criminal
prosecution.  If what he finds is beyond the statute of limitations, it can
be used politically by Democrats as they try their hand at impeachment.

John Hinderaker said of Mueller
<http://www.powerlineblog.com/archives/2017/07/trump-fights-back-against-mueller.php>
:

“I conclude that Mueller is not discharging his office of special counsel
in good faith, but rather is acting as an agent of those who are trying to
destroy or impede the Trump administration, and should be fired. Of course,
whether President Trump thinks firing Mueller is politically viable is a
separate question.

“In the meantime, it is good to see that Trump is at least pushing back
against Mueller. It was reported this morning that Trump’s lawyers are
investigating Mueller’s lawyers
<http://www.latimes.com/politics/washington/la-na-essential-washington-updates-trump-s-lawyers-look-for-conflicts-of-1500638608-htmlstory.html>,
with a focus on conflicts of interest. That is good, but only a beginning.
Trump and others in his administration need to make clear that they
consider Mueller’s investigation illegitimate; that he has gone far beyond
the mandate he was given by the Acting Attorney General; that he has hired
a partisan, biased staff; that he is serving as a tool of the Democratic
Party; and that his investigation is a fraud. They should accord Mueller
and his staff no credibility whatsoever.

“Trump is in a war. The good thing is, I think he knows it.”

It’s good that he knows it, but what can Donald Trump do?

It was obvious from the inception of this investigative charade that this
was to be a witch hunt.  After all, the appointment of Mueller came about
as the result of a crime committed by James Comey when he leaked his own
FBI memos to a friend with the explicit purpose of forcing the appointment
of a special counsel.  It strains credulity that it was just a coincidence
his best friend was the one to get the appointment.

If that didn’t raise suspicions, all doubt should have been cast aside when
he appointed exclusively progressive lawyers as staff (he now has 16
lawyers) to conduct the investigation:

   1. Jeannie Rhee: Ms. Rhee is a former federal prosecutor.  Rhee also
   worked for the Clinton Foundation and donated $5,400 to PACs in support of
   Hillary Clinton’s 2016 presidential campaign. Rhee was once a senior
   adviser to Attorney General Eric Holder and is a former partner at
   Mueller's old law firm, WinterHale.
   2. James Quarles: Mr. Quarles was an assistant prosecutor during the
   Watergate investigation.  He donated $1,000 to Hillary Clinton’s 2016
   campaign and is also a former partner at WinterHale.
   3. Aaron Zebley: Mr. Zebly served with Mueller when he was the Director
   of the FBI and is also a former partner at WinterHale.
   4. Andrew Weissmann: Andrew Weissmann, headed the high-profile
   investigation into the wrongdoings at Enron and earlier investigated
   organized crime when he worked for the U.S. Attorney's office in the
   Eastern District of New York. According to Federal Election Commission
   records, he donated $2,300 to the Obama election campaign in 2008 after
   having given $2,300 to the Clinton campaign a year earlier and $2,000 to
   the DNC the year before that.
   5. Greg Andes: Andes is the 16th and last lawyer hired by Mueller (more
   to come?).  He worked as Deputy Assistant Attorney General under Attorney
   General Eric Holder from 2010 to 2012.  His wife is a federal judge who was
   nominated to the bench by Barack Obama.
   6. Brandon Van Grack, Van Grack an attorney for the DOJ, headed the
   grand jury investigation into Michael Flynn.
   7. Lisa Page: Lisa Page is an FBI attorney who ran an investigation into
   a former business partner of Paul Manafort.
   8. Peter Carr: Carr worked for the DOJ during the Obama presidency.
   9. Adam Jed: Jed defended ObamaCare while serving at the DOJ Civil
   Division.
   10. Elizabeth Prelogar: Prelogar who speaks Russian and like Drebeen
   also worked in the Office of Solicitor General is a former clerk to both
   Supreme Court Justices Elena Kagan and Ruth Bader Ginsberg.
   11. Andrew Goldstein: Goldstein is a prosecutor for the U.S. Attorney’s
   Office in the Southern District of New York who worked with Preet
   Bharara when he was the U. S. Attorney.  Bharara was fired by Trump.
   12. Mark Dreeben: Dreeben is a Deputy Solicitor General. He is a
   criminal law expert who is widely known as a progressive.

This is the progressive dream team assembled by Mueller.  From the very
beginning, this investigation has been a witch-hunt.  When you have an
investigation in search of a crime, you can bet one will be found.  This
leaves the president with only two options.

   1. *Fire Mueller*

Mueller is a federal employee.  As the head of the Executive Branch, Trump
can fire him for any reason he chooses.  Mueller is an underling, and as an
employee, he serves at the pleasure of the president.  Hence, Trump is
constitutionally empowered to terminate him and his investigation.
Terminating the investigation would be a form of prosecutorial discretion
just as Obama exercised prosecutorial discretion to not prosecute illegal
aliens.

While it would be legal for Trump to fire Mueller, it would definitely be
politically unwise.  In fact, all hell would break loose.  The outcry from
the media and the Democrats would be intensively shrill.   Still, it might
not hurt him any more politically than he has already been damaged by leaks
and fake news, talk of impeachment, and now, the empanelment of a grand
jury.

   1. *Let Mueller Proceed With the Investigation*

It’s altogether possible that Mueller is the high-integrity individual they
all said he was when he was appointed a few months ago; he could eventually
declare there was no crime and close down his investigation but now with
the empanelment of his grand jury that seems unlikely.  Or possibly,
whatever evidence he presents to his grand jury may not be sufficient for
it to recommend indictment.  That also seems unlikely.  Since Trump is a
citizen and no citizen is above the law, he can be indicted; it wouldn’t be
surprising if Mueller were able to get the grand jury to indict Trump
pertaining to one of the thousands of deals he has been a part of during
his long career as a businessman.  If worse comes to worst, he could always
pardon himself.  At which point the Democrats’ only remaining card to play
would be impeachment, which is what they wanted all along anyway.

America used to be a free country but progressive policies cannot win in a
free country, so the country has to go.

Mueller is prosecuting an investigation in search of a crime, and from the
first day of Trump’s presidency, progressives have been dreaming of a
criminal indictment or impeachment.  By the conduct of Robert S. Mueller
III, they are willing to go to any lengths to get one or the other.

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