September 10, 2018

Though I’m very grateful to readers who take time to offer their thoughts about my commentaries on the “deep state” (and, yes, that element is there), it’s always somewhat disheartening to go through them.  That’s because I share your frustration about the lack of a unified system of justice, and it’s hard not to be overtaken by cynicism when it seems nothing is ever going to be done to mend it.

But as the details of the scheme to exonerate Hillary and manufacture an investigation into Donald Trump grow clearer with each passing day, one can’t help but hold out hope that “the truth will out.”  Legal expert Andrew C. McCarthy has a new piece in NATIONAL REVIEW that just lays it all on the table.  He acknowledges that if there had been evidence that Trump himself had anything to do with Russian interference in the 2016 election, an investigation into that would have been essential, even if it compromised his time in office.  But he goes on to make the point that we have never been told this is the case, let alone been shown the evidence itself.

And the time to establish that there was evidence of a crime would have been in the very beginning, before the appointment of a special counsel.

Just how did we end up with a special counsel, anyway?  As I recall, every Democrat in Washington went on every talk show in America, screaming about “Russia, Russia, Russia” and loudly calling for one.  It seems every one of them got the memo.  The motivation was huge –- they knew exactly what would be unleashed if they could get Trump investigated from every angle.  They wanted those tax returns.  They wanted privileged information.  They wanted personal gossip.  They wanted to tie his hands legally, to keep him from making appointments –- especially to the Supreme Court.  They wanted him under oath, caught in a perjury trap and, of course, impeached or induced to resign.  The appointment of a special counsel would be the first step.

But it’s not supposed to be a first step.  ESTABLISHING EVIDENCE OF A CRIME COMES FIRST.

If deputy Attorney General Rod Rosenstein had evidence of a crime, he didn’t offer it.  And at this point, as McCarthy points out, millions of taxpayer dollars have been poured into the special counsel probe.  Those targeted for investigation –- and even just the witnesses –- have been ruined financially by the cost of compliance with the special counsel and other courts.  They’ve all got to have sharp, as in high-priced, legal representation before going before a grand jury or special counsel interrogator.

Just ask Michael Flynn, who naively spoke to questioners without a lawyer present.  He ended up being charged with lying to investigators who didn’t even think he’d lied.  He lost his home –- he’s living with relatives now –- plus his job as national security advisor, and some would say his reputation, although his reputation remains sterling as far as I’m concerned.  This is a man who served his country, and look how he has been treated, just because he happened to be working for this President.

That’s another problem with starting an investigation and knocking people down like dominoes to get to the President.  Who’s going to want to serve in government if that’s the likely scenario?  It’s just too much of a risk.  There are plenty of prestigious, high-paying jobs in the private sector for talented, educated individuals who want to do well in life.  The only people who will be attracted to this horror-show environment are power mongers who enjoy gaming the system.

So it’s time for everyone to look beyond their personal view of Trump and see what this is doing to our government.  I supported Trump as the nominee of my party, and I’m quite pleased, even somewhat amazed, by his long list of accomplishments to date, especially given the pack of legal pit bulls chasing him and the mindless resistance from left-wing crazies.  Who else would be able to stand up to all of that and still do his job?  His energy and resilience are stunning.

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McCarthy takes a hypothetical look at how this might have unfolded if the President were a Democrat, and he sees something very different from what is going on with Trump.  He says that the question before commencing an investigation would simply be:  Have the laws and rules been satisfied?  (With Trump, they have NOT.)  The FBI’s counterintelligence investigation into Russia’s interference in the 2016 election would be “aggressively pursued until its conclusion” –- after all, we do know there was some of that going on –- but a special counsel would not be deemed necessary and therefore would not be authorized.

If the counterintelligence probe happened to turn up evidence that the President had participated in a crime, it would be appropriate AT THAT TIME for a special counsel to be appointed.  The regulations for special counsels do not authorize appointment for counterintelligence cases, only criminal cases, which require evidence of a crime.  The attorney general (or his deputy) does not get to appoint a special counsel just because of a lot of political yammering from people who hate the President.

Are you listening, Mr. Rosenstein?  Surely someone with your legal background knows this.  I know this.  Gregg Jarrett, in his book THE RUSSIA HOAX, makes the same point with crystal clarity.  Why in God’s name did you appoint Robert Mueller?

As if that weren’t enough, for a special counsel to be appointed, there’s supposed to be a conflict of interest within the Justice Department that interferes with its ability to investigate Russian interference.  But if there were, Mueller wouldn’t have passed on the two actual cases he had to the U.S. attorney’s office in DC and the National Security Division of the DOJ.  At the same time, there’s plenty of conflict within the group that Mueller appointed to serve on his team; we’ve been all over that for months.  McCarthy makes a great point:  “...How is it appropriate to staff a special counsel probe, which is premised on avoiding a conflict of interest, with lawyers who were top officials in the Justice Department whose conduct of the same probe is under investigation?”

He spells out what we intuitively know –- that if the President were a Democrat, this would not be happening.  The Democrats and the media (but I repeat myself) would be screaming bloody murder that there was no conflict of interest warranting the appointment of a special counsel.  And they’d be right!  But the Republicans always just get run over.  Why is that?  Why aren’t they demanding an answer?

Rosenstein and Mueller’s team have even had the nerve to say the guidelines for special counsels are merely that –- guidelines –- and not enforceable.  So, the special counsel is God, not answerable to any rule?  It gets to be as secret as it likes –- hang what it does to the President’s ability to perform his job?

McCarthy has a word for this:  “preposterous.”  He points out that in every special counsel since Watergate, the President and the public have been told exactly what crimes led to the investigation.  In August of 2017, Rosenstein did give Mueller a memo --- still mostly secret --- offering something of a factual basis for the probe.  But McCarthy says that from what we know of it, the memo simply offers allegations, not evidence that they are true.

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At some point, Mueller will issue a report, which may offer fevered Democrats some excuse to impeach the President, not for crimes but for subjective behavior they just don’t appreciate.  That’s not the way it’s supposed to work.  Mueller is supposed to report on decisions relative to crimes; that is, should they or should they not be prosecuted?  That is his assignment.

As McCarthy eloquently puts it, “Mueller is a prosecutor working for the Justice Department, not counsel for a congressional impeachment committee.”

For much more detail, read his entire column.  The drumbeat is getting louder, but it still isn’t nearly loud enough.  This travesty has to end.  Take a lesson from Democrats and make yourself heard, but this time in defense of the Constitution and our endangered justice system.  Come on, Republicans, shout it with me:  “Mr. Rod Rosenstein...where’s the evidence of a crime?!”







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Comments 1-25 of 26

  • Cecilia Sotomayor

    12/19/2018 12:06 PM

    There is no evidence for the Mueller counsel designation or for the investigation. The judges reviewing all the cases need to stop this madness and respond by dismissing the cases. The republicans need to be more forceful. I love Jordan's, Gaetz' and Gowdy's perseverance. But why is Rosenstein is still there? Why can't they get all the documents ordered? Congress oversees the DOJ and FBI. Who enforces the requests from Congress?

  • Dorothy Gavin

    09/17/2018 09:59 AM

    REPUBLICAN"S where in the H--- are you? You vote against the wall, you don't mention that the Podesta brothers did the same thing Manafort did, You leave Hillary going along her merry way when we know her foundation is crooked to the core, Mueller is also of questionable back ground with his Comey, Rosenstein, Strokz connections, and now a 40 year old attacking Kavanaugh and you are actually bringing this socialist professor to attack him from their high school days?! If he had something happen in high school it should have been taken care of in high school. Could it be the woman is a progressive who wants his character ruined so he can not make it to the supreme court thus attacking his family even though 65 women from his high school spoke out for him and none of the women he worked with had a bad thing to say about him ? When are the Republicans going to speak up for their party ? I am disgusted with McConnell and Ryan. Ryan should have left when he said he was retiring. He has done nothing since and yet still draws a salary from "we the people"! Go home Ryan NOW! Attacking the Trump Foundation and every thing he did in his background and doing nothing with the Clinton felons?! Disgust is to light a word.

  • Henry E Higgins

    09/16/2018 10:57 PM

    Mr. Huckabee - I'm a 72 year old, veteran of the US Air Force, and a retired police Lieutenant from Cobb Co. PD, Marietta, Ga. I'm sick and tired of the "Impeachment" mandate the Democrats have place their people. Trump supporters are being assaulted, Trump cabinet members are being bullied in public (like your wonderful daughter) and we continued to see Antifa and other groups raise havoc with any gatherings or meetings. I thought there was a law against masked people going out on public property to hurt people. But mainly, I'm tired of Mueller's gang of thugs tearing our legal system apart all because they have met a strong, intelligent person who doesn't bend to their demands. I'm also tired of Soros undermining our government by using his money to influence elections as well as people like Gov. Brown letting felons and illegals vote in elections - although Obama allowed it during the 2016 elections. How can we, as just normal citizens, fight these problems - Soros, Obama and Kerry, as well as the Muellers and other clowns who are supposed to be moving this country alone but are doing everything to kill it. It's our country - what right do they have to destroy it. We want to take the country back from Spartacus, Killery, Obama, and others. Tell us how to do it. I do believe and offer strong prayers that God will stand in their way, but we, the citizens, are straining against our chains. Thank you and may God Bless you and your family.

  • diana brown

    09/16/2018 04:25 PM

    This investigation has gone on for far too long. It is time to end this now.Enough of this nonsense!!! By prolonging this only proves one thing that they want to continue to obstruct President Trumps' agenda. It is very clear that they do not want President Trump to continue to drain the swamp!!! The Dems cannot offer any policies to be debated so they will continue to obstruct and destroy the very fabric of our lives. We need to stand up to them and say ENOUGH!!! The American people are tired of their charades and know better.

  • Patricia f Stabile

    09/11/2018 03:53 PM

    I am so behind our President. It I curates me that the dems get away with all this fake stuff. Even going back to Clinton and obama with Benghazi. Where were they that horrible night that everyone was murdered? And all these lies about Presiden Trump. We need to post every obama leftover and fire anyone involved in this ridiculous Russian probe. I'm praying every day but I cant help getting angry. I love you and Sarah too.

  • alleen Fish

    09/11/2018 03:12 PM

    Why can't Congress stop this charade of an investigation? I have seen where many Republican Congressmen/women keep saying the investigation is a farce and now with The Judiciary Committee coming out and saying there is evidence of no collusion and no obstruction why can't they stop Mueller and Rosenstein? This has gone on long enough and Mueller has drained millions of dollars from American taxpayers. It is a well known fact that he has used his position in government in the past to get rich. That's all he is doing besides trying to take down all Republicans so he can help implement One World Order. I have seen where he is saying time and time again that he wants OWO. So make congress stop him and say nothing was found after almost 2 years so you are done and fired.

  • Arlene M. Bennett

    09/11/2018 11:42 AM

    "Now is the time for all good men to come to the aid of their country." We are being attacked by power hungry traitors who live in a deep swamp and have betrayed our country long enough. They are holding us hostage to a kangaroo court, fake news filled with rubbish, vermin and hate spewed out by them and the media against our President, country and flag. Let us all rise up against these evil conspirators as they have hoodwinked this country long enough. They have usurped the laws of our land and debased our Constitution. We need to protect our Republic as true Patriots and Americans. President Trump is doing a great job but he is being persecuted every day. To survive as a nation under God, we must fight against this tyranny and oppression. I would like to propose a coalition group called "TAPS" which stands for True American Patriots.

  • Lee Bush

    09/11/2018 10:00 AM

    Trey Gowdy for Attorney General

  • Billie R Hayworth

    09/10/2018 09:02 PM

    Mike, why doesn't the president force Robert Mueller's hand and make him tell the American people what he has?! It's time for this garbage charade to stop. We are sick to death of it all.
    I wish president Trump would go on national tv WITH Robert Mueller and make him tell the American people what he HASN'T GOT! We aren't stupid. We know this is all about Hillary not winning and about exhonerating her. It isn't about Russian anything or anything our beloved president has or has not done. It's as he's said many times, it's a witch hunt...period! WHY, WHY, WHY does president Trump allow this to go on and on?
    If there's any possible legal way to force Robert Mueller's hand and make him either put up or shut up, then for God's sake DO IT! God would surely be pleased to get this stopped. I firmly believe He's why Donald J. Trump is our president in the FIRST place.
    Please Mike, is there anything you can do? All of this liberal junk has got to stop. They've got to be held accountable for the way they're behaving! It's so beyond anything that's sane or professional that it's mind numbing to watch and listen to them and their evil rehetoric! Isn't there anything you can say to the president to get him to see that most American's want all of this to stop?
    Start passing laws that prohibit public displays of volitile, reckless, destructive behavior!!!
    Start firing everyone in government who behaves like a fool!
    There's no place in our government for this behavior!! Our founding fathers must be rolling over in their graves at what's being allowed to go on and on!

  • Frank Chavez

    09/10/2018 07:46 PM

    Every government official has to take ethics training Isn't there enough information to charge Rosenstein with for violating these ethics standards? Misuse of government funds for political purposes?

  • Don Frix

    09/10/2018 06:48 PM

    There is no predicate for the special counsel. Collusion is not a crime. The investigation is expensive nonsense !! The tactics used are like Nazi's. Mueller is himself a criminal and so is his lead henchman! The demoncraps are the south end of a north bound donkey. The wasted time is incredible. the devisiveness (sp) in the country sucks. Trump is doing great despite the demoncraps. Smallwell is really small mind! Schiff is a blowhard. Schumer and Pelosi are a disgrace to our country!! What else?? We are fed up with it all!! Trump must declass all the docs and put this BS to bed!!!

  • Cynthia Pacheco

    09/10/2018 05:08 PM

    If I worked for President Trump, I would refuse to honor their subpoenas. Why should I? They will ruin me anyway. All those who have had to bear this travesty should turn around and sue. JMO

  • Norris R Harod

    09/10/2018 04:05 PM

    The person who stole the memo off President Trump's desk and published it in the NYT should be put in jail this week and tried. Why is this not already done since he was so arrogant he published his name while beating on his chest about subverting the Presidency? Why? Where are the Republicans in charge? Trump should demand this of Sessions and scoff at the Left for saying he is trying to politicize the DOJ to demand enforcing our laws. DO SOMETHING!!

  • James. Mullins. Sr

    09/10/2018 03:57 PM

    It seems to me that MR Rosenstein should not have the Authority to appoint & supervise the Special Counsel, because he was in on the Conspiracy from the beginning, approved the Fisa requests etc. He should be under investigation himself for Crimes he & his FBI cohorts committed on the fake Dossier. How can we ever have faith in
    the Intelligence Depts with this Level of Corruption????? PESIDENT TRUMP:: GET ON WITH DRAINING THE SWAMP...".... THE LESS GOVERMENT, THE BETTER.....

  • Dorothy Gunter

    09/10/2018 03:55 PM

    As for obama crying over not getting the credit for the economy..."You didn't build that!" :)

  • Antonio Fernandez

    09/10/2018 03:55 PM

    I would gladly join you in an open letter to Mr. Rosenstein to show evidence or terminate the investigation.

  • Kevin Cook

    09/10/2018 02:35 PM

    That Rosenstein and Sessions have not ended what should never have started tells me the fix is in and if the swamp does take action against Trump then we can kiss this country goodbye

  • Lynne Hayes

    09/10/2018 01:59 PM

    My former boss, and friend, used to say, "Your sins will find you out." So, I am counting on that being true, when it comes to those who have no scruples, or conscience, in the D.C. swamp. It would be lovely if Lady Justice dropped her heavy scales, of justice, on their heads.


    09/10/2018 12:05 PM

    Gov. the point of all of this from the Democrats is to pursuade ALL, do not work for a republican ccandidate or we will use the courts
    to ruin you!!

  • Linda Furlong

    09/10/2018 11:50 AM

    The Mueller "Witch Hunt" has wasted MILLIONS of valuable taxpayer dollars. Stop it NOW!

  • Amelia Little

    09/10/2018 11:50 AM

    I figured the special counsel was a travesty when, not only mueller ("esteemed" "wonderful" person) was to head it--but when it was known that the counsel itself was comprised of hilary/DNC donors, obviously liberal minded people. What--they couldn't find any conservative people who were also hell-bent on removing the President from office? A kangaroo court. And, fishing far beyond what it was represented to have been established for. They aren't even looking at "Russia, Russia, Russia" anymore because they know that there never has been nor will be evidence of a TRUMP/Russia collusion, and all things point to an obama administration/hilary/FBI/DOJ collusion--so, let's not continue on that. Let's just look for any little thing even if it ruins the lives of people other than President Trump. I do think one of the goals is to try to get everyone to leave his administration for fear that THEIR lives might be ruined. In every administration, the President has "fired" some of his predecessor's staff from ambassadors and Secretaries of Departments, and White House staff and replaced them with people who are in line with his mission. But, it's so horrible that President Trump would do that. Unfortunately he should have done more cleaning than he has.

  • Kendra Strecker

    09/10/2018 11:09 AM

    This FARCE has only cost "we the people" upwards of 25 million and there's still NO THERE, THERE. You can bet if MUELLER and his team had to pay any of that money back since they haven't found anything this would have been over and done before the first week!! Such a SHAM, and such a SHAME!!

  • Stephen Mitchell

    09/10/2018 10:57 AM

    I'm a believer in Jesus the Christ . I've never met Jesus physically , but I do believe without seeing . Concerning the Mueller investigation , I'll believe that Hillary will go to jail , President Trump will be cleared of all wrong doing , all the others who have lied , and stonewalled this whole sham will go to jail , and held accountable ; only when I actually see it happening . Our Judicial system is so corrupt , that this will never come to pass . When "our courts " make rulings on personal , or political agendas , not the law ; then we as a country , are lost .

  • William Schlumpf

    09/10/2018 10:57 AM

    Yes, Mr Mueller & his staff are being funded by the Justice Department but they are not working for Justice rather it is becoming clear they are working for the DNC to undermine the Presidency. Mr Mueller is also establishing a legacy of ignominy for himself and his associates which will last as long as this nation endures. The goal now appears to maintain this money burning, life destroying probe long enough to affect the midterms & throw to the Democrats through taxpayer monies spent on this political voter swaying probe. How do we know Mueller is not coordinating with Comey or others in backchannel communications with the Clintons or Democrats? Also, this probe sets a precedent for an open investigation in search of a crime. If they can do it to the President, they can do it to any one of us. And that's a very big thing.

  • Cordell Axelson

    09/10/2018 10:44 AM

    TIME TO STOP THIS: I am sick of this on and on investigation without evidence of any crime to start with, and especially for all the innocent people and their families who have been basically ruined by this nonsense. I would love to see some group of folks, officially designated to help out these victims. Just think, if most of the folks disgusted by this unlawful activity donated just a few dollars, the harm inflected on the innocent people and their families could be greatly reduced. We lost our son in Afghanistan in 2005, but with the help of so many patriotic Americans who went out of their way to lift us up, we have healed and now are able to support other Gold Star families and veterans with meaningful and timely action.