Showdown brewing: Interim AG Whitaker vs. Mueller
(Whitaker has shown
prejudice against Mueller)
Trump Criminal Troika (story): Trump, Cohen, Weisselberg
Trump made his move against the
Russia investigation to shut down Mueller’s probe
My introduction note: That Mueller probe by all
accounts has been very successful and is nearing completion since he held off
until after the election in a very smart decision.
The
source is this fine article at the Daily Beast – edited below to fit the blog:
By forcing AG
Jeff Sessions to resign and then going around the established line of
succession at the DOJ to appoint a rabid partisan Trump loyalist, Matt Whitaker
as the Acting AG, the one who will now oversee Mueller, Trump clearly has
signaled his intent to end Mueller one way or another.
Possible scenario
follows since there is no mystery as to why Sessions was removed: He recused himself
and Trump has been crystal clear about that and that he wants in an AG who is someone
who will protect
him. Sessions’ recusal took that away from Trump and he has been livid
since. Now he gets his way – maybe?
Picking
Whitaker first off is quite possibly illegal. So why put at risk the authority
of your Acting AG?
He wrote an op-ed
a year ago outlining a strategy to kill the Mueller investigation by strangling
it bureaucratically by seeing the Mueller budget cut – ergo starving it of
funds.
Also, the AG
can stop Mueller from issuing any more indictments and try to quash the release
of any reports from the investigation to Congress.
For example,
on CNN last year, Whitaker previewed
that saying: “I could see a scenario where Jeff Sessions is replaced. It would
be a recess appointment, and that attorney general doesn’t fire Bob Mueller but
he just reduces his budget to so low that his investigations grinds to almost a
halt.”
Now Trump is
running that exact chapter.
Consider
Nixon’s Watergate actions and see how that fits Trump today: Nixon
initiated the so-called “Saturday night massacre”— that is he removed the AG,
then Dep. AG, then the Special Counsel investigating Watergate.
— Robert
Bork suddenly became acting AG he immediately gave the new Special Prosecutor
full authority over the investigation. So, if the “Bork standard” was good
enough for Nixon then, it should be good enough for Trump now, right? DEMS
actions needed:
They should send
a message to career officials making it clear that anyone that participates in
this effort to obstruct justice will be held to account – whether it’s the
President, Acting AG, or any other DOJ officials.
Note: As an employee of the executive branch, Mueller
simply may not have many great options in this showdown with Trump – the Chief Executive
as it were.
Stopping Mueller would not stop the
investigation – here’s why:
For weeks
Washington has been a buzz about coming activity from the investigation.
Mueller’s
grand jury is clearly busy and an indictment of Roger Stone appears imminent,
as Stone himself expects to be indicted.
However, should
no indictments come, should the Mueller investigation, which was quiet before
the election, stay quiet, then it is likely that the investigation is being
strangled to death.
So, who is next
line that is close to Trump who may be indicted (even he says so himself) is: Roger
Stone. See below – FYI:
If Whitaker
refuses to meet the “Bork standard and give Mueller full independence,” the new
Democrat-run House needs to act fast from day one in January. Steps needed:
The House
Judiciary Committee will need to immediately investigate to determine whether
the investigation is being killed (or has been) from within.
They should bring
before Congress: Matthew Whitaker, Jeff Sessions, Dep. AG Rod Rosenstein, possibly
Robert Mueller himself, and any other officials from the DOJ and find out whether
the investigation is or was obstructed.
Finally, there will be a debate if this is politically
the best course, as this might be seen as distracting from a more, preferred
messaging. But this goes beyond politics.
If Trump is able to get away with killing an
investigation into him, in effect showing that the rules don’t apply, that he
is above the law, he will feel emboldened to get away with so much more.
This is how democracies often die. An elected leader
uses their position to eliminate the checks on their power, and when they’re
not stopped they eliminate additional checks.
This can happen here, just as it
is happening elsewhere. Fortunately, a buffer now exists in the form of a
Democratic Congress. But they have to be ready to act.
Full
details at the Daily Beast link – enjoy, and thanks for stopping by.
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