On May 29, special counsel Robert Mueller held a press conference and addressed two issues, whether the Trump campaign conspired with the Russian government to effect the 2016 electoral process and whether the President obstructed justice.
Mueller correctly stated there was insufficient evidence to charge the President or his campaign for conspiracy with the Russians. Then, rather than discuss the sufficiency of evidence regarding obstruction of justice, Mueller told us he never made a determination as to whether the President committed “a crime.” He also informed us of the witch hunt’s feelings: “if we had had confidence that the president clearly did not commit a crime, we would have said so.”
Thus, the coup continues.
Let’s be frank. There’s no way to “clearly” know if the President conspired with the Russians or conspired to obstruct justice, because conspiracy is not a physical crime. In essence, it’s a crime of the mind. Thus there is no way to be sure “the president clearly did not” conspire with the Russians. He may have just been too smart to get caught.
Here’s what we mean. If the President is accused of murdering someone, there are many ways to prove he didn’t do it. For example, the victim shows up, alive. Or, there’s video of the President on another continent at the time the murder occurred. The same thing is true of bank robbery, DUI where you blow a .000 BAC and so on. You can prove someone conspired when they admit it on a wire tap, for example, but you can never prove someone DID NOT conspire.
With conspiracy, you never know. Hey, how do we know Mueller and his team weren’t in on it with the President and the whole obstruction thing is a diversion? You can never “clearly” have confidence someone didn’t conspire, it’s the nature of the crime. The same thing is true with obstruction of justice, which in essence, is a conspiracy crime as well. Even if everyone claims the President never asked them to lie, for example, that just means they’re in on it, right?
Why did Mueller talk about the adequacy of the evidence for conspiracy with Russia, but tell us about his “confidence” with obstruction?
Attorney General William Barr debunked the obstruction of justice accusation before Congress. President Trump knew he didn’t conspire with the Russians. Obstruction of justice requires a corrupt motive. How can the President have a corrupt motive when there is no underlying crime to obstruct? Even if you don’t believe the President, Mueller admitted there wasn’t enough evidence to charge, let alone convict on conspiracy with the Russian government. If there’s not enough evidence to prove an underlying crime, there is, by definition, not enough evidence to establish a corrupt motive. Mueller’s own report disproves his ham-handed insinuations.
In the words of Harvard Law Professor Alan Dershowitz, “Virtually everybody agrees ... No responsible prosecutor should ever suggest that the subject of his investigation might indeed be guilty even if there was insufficient evidence or other reasons not to indict.”
Let’s just call, “if we had had confidence that the president clearly did not commit a crime, we would have said so,” what it is — CRAP. If Rimersburg Rules had confidence Mueller and his team of Democrats clearly were not conspiring with other Democrats in a coup attempt, we’d write that in this column. But, Rules never made “a determination” if Mueller and the Democrats are conspiring, “one way or the other.”
“Until today,” Professor Dershowitz said, “I have defended Mueller against the accusations that he is a partisan ... 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.”
But who cares? The coup continues.
[This is a column of opinion and satire. The author knows of no undisclosed facts. Contact Lewis, the author of “Separation of Church and State” and “The Diaries of Pontius Pilate,” at www.josephmaxlewis.com and click on Rimersburg Rules.]