Tag Archives: government

A Mueller Interrogation

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It’s well enough known that Special Counselor Robert Mueller is anxious to interrogate President Donald Trump as part of Mueller’s “investigation” of Russian interference in our 2016 election and of the Trump campaign’s alleged role in colluding with the Russians in that interference.  Trump’s counselor, Rudy Giuliani, says that Trump should not agree to the interrogation unless and until Mueller details the degree of DoJ spying on the Trump campaign, including what the FBI’s planted “informant,” Cambridge Professor Stefan Halper (who may be only one of two or three such plants), was doing and what he passed on to his FBI handlers.

Giuliani is right about that.  Trump can take a number of direct actions on the matter himself, though, that would speed things along.  After much stonewalling by Deputy Attorney General Rod Rosenstein, a Federal judge presiding over a related-only-by-Mueller-claim case got fed up with Mueller’s own stonewalling in that case and ordered Mueller to deliver up the DoJ letter and amendment specifying the scope of Mueller’s investigation.  On DoJ’s claim that the documents are classified, they were delivered under seal to the judge.

House and Senate committees that also have requested those documents have been refused: Rosenstein objects to petty Congressmen overseeing his august activities.  Trump should order Rosenstein to deliver the documents to the House and Senate committees under a short deadline, say by noon Eastern Time this Friday.  If Rosenstein really is concerned about classification, they can be delivered to the subset of committee members who have the requisite clearance—and, yes, the committees have members of both parties with the clearances (their need to know already is plain).  If those documents are not delivered on time, Trump should, at 1201 Eastern, declassify the documents (Presidents are the ultimate arbiters of what’s classified and not classified) and order them hand-carried to the committees by COB Friday.

Trump should handle documentation related to the FBI’s spy(s) in his campaign similarly.  He should order Rosenstein to deliver all documentation, including correspondence with and about Halper (et al.), related to the plants and what they passed back to their handlers, delivered to those same committees and to the White House (perhaps to Giuliani in particular).  In view of the probable extensive amount of such documentation, Rosenstein should be given until, say, noon on Monday to produce.  If that deadline goes unmet, Trump should, at 1201 on Monday, declassify those documents and order their hand-carried delivery to the committees and the White House by COB Monday.

It’s time to put an end to the stonewalling and get things moving again.  Then a Mueller interrogation can have a chance to be an honest one.

Congressional Intent

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In a piece centered on Federalism and the Supreme Court’s ruling that Congress cannot require individual States to ban sports gambling, there’s this bit at the end of the article that interests my grasshopper mind.

Supreme Court Justice Clarence Thomas, in concurring, protested the Court’s analysis of Congressional intent.

The Court also determined that PASPA’s [Professional and Amateur Sports Protection Act] prohibition on sports gambling advertising can’t be severed from the law. But as Justice Clarence Thomas noted in his pithy concurrence, the Court’s severability analysis requires courts to make “a nebulous inquiry into hypothetical congressional intent.”

On this, I disagree with Justice Thomas. In Connecticut National Bank v Germain the Supremes held

…that courts must presume that a legislature says in a statute what it means and means in a statute what it says there.

If Congress had intended sports gambling advertising to be severable, it would have said so in PASPA. Congress did not say so; arguing the possibility of severability would be Thomas’ own inquiry into congressional intent.

The Special Counsel Authorizing Letter

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House investigating committees have demanded that Deputy Attorney General Rod Rosenstein turn over his letter to Special Counsel Robert Mueller, and Rosenstein has refused to do so.  Now, in a case Mueller brought against ex- and brief-Trump Campaign Manager Paul Rosenstein, the presiding Federal judge TS Ellis has demanded that Mueller turn over to him an unredacted copy of that letter, and he’s given Mueller two weeks to comply, which works out to 18 May.

We’ll see. Two weeks is much too long to give Mueller to produce his copy of Rosenstein’s authorizing letter; 36-48 hours is plenty—especially since Mueller’s team plainly has that copy always ready to hand; they are, after all, responsible persons.

Ellis also needs to be prepared to jail Mueller and possibly Rosenstein for contempt if Mueller doesn’t meet the deadline, whether Ellis’ or mine, or Rosenstein won’t allow him to, and keep them locked up until the letter is produced.

President Donald Trump could speed things along by declassifying the letter, if Mueller/Rosenstein try to hide behind that. This is a national affair, and We the People need, and have the fundamental right, to know what Government’s unelected bureaucrats are doing under the pretense that it’s in our name.

Misunderstanding

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At the tail end of a Wall Street Journal article discussing the relationship between Deputy Attorney General Rod Rosenstein and Congress (and in particular the House Freedom Caucus), Rosenstein made this remark:

We have a responsibility to work with the Congress. They have a responsibility to understand their duty is not to interfere.

This is a breathtaking lack of understanding by a Federal lawyer. Oversight by Congress does not mean simply watching. Interference is absolutely required if Congress, through its oversight, detects inappropriate or wrong behaviors.

Or would Rosenstein insist that funding cuts—Congress doing its job—are interference?

Irony Meter

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Mine has been getting a workout lately.  It’s pegged again.

Russian lawmakers visited Syrian President Bashar al-Assad in the aftermath of the US-UK-French strikes on the center of al-Assad’s chemical weapons production facilities and before the Organization for the Prohibition of Chemical Weapons “inspects” the site of al-Assad’s chemical attack on women and children that prompted the allied response.  Among other things,

[t]he Syrian president also reportedly accepted an invitation to visit Siberia….

I recall an earlier time of invitations to visit Siberia.