A duck floating quietly on a lake appears motionless, but it’s not.  Beneath the smooth water, its legs and feet are constantly swirling and kicking to maintain its direction.  We don’t see the effort unless we somehow have a view from beneath the surface.

 

That’s sort of the way the special counsel is right now, at least until after the midterm elections next week.

According to longstanding Justice Department policy, prosecutors are supposed to take no actions that might affect upcoming elections.  So Robert Mueller’s investigation has “gone dark.”  Always tight-lipped about what his team is doing, he’s been even more secretive for the past few months.  At the same time, we’re not hearing much from the typically very public Trump attorneys Rudy Giuliani and Jay Sekulow, either.  This relative silence may lull us into thinking that not much is going on, that Mueller is winding down his investigation and putting the finishing touches on his final report.  Somehow I doubt that.


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Giuliani went on TV a lot during the summer to talk about the negotiations surrounding whether or not the President would testify, but just about the last thing we heard from him about that was on August 15, when he said that Trump would move to quash a subpoena to testify and that they were “pretty much finished” with their memorandum to that effect.  After that, he’s had essentially nothing to say about it.

 

But a couple of reporters from Politico (Darren Samuelsohn and Josh Gerstein) have evidently been doing the Woodward-and-Bernstein thing for the past few months, hanging out in the court clerk’s office to keep an eye on who came in and asked for what file, sneaking around trying to find out what Mueller is up to.  They’ve found reason to believe the special counsel is conducting “secret litigation” with Trump and his lawyers over a grand jury subpoena and that we will likely know by December (after the elections, of course) if the President is going to be brought before the grand jury.

 

Don’t doubt that this is the ultimate goal of Mueller’s team, and it’s not just to “fill holes in the final report,” as investigators like to say, but also to trap the President, who never “colluded” with Russia, on something “procedural” that can be used to impeach him, which they no doubt dream about every night.  (That’s my personal observation, not something admitted by the Woodward-and-Bernstein wannabes.)


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Anyway, these two reporters found that on August 16 (which happens to be the day after Giuliani said they were about done with the memorandum to quash a subpoena), a sealed grand jury case was initiated in the DC federal district court of Chief Judge Beryl A. Howell.  On September 19, Howell issued a ruling pertaining to that case.  One of the parties appealed the ruling to the DC Circuit just five days later –- and that is very fast, considering that they would have had 30 days to file an appeal.

 

Also, while he was sitting around the court clerk’s office, one of the reporters, presumably disguised with a fake beard and glasses or hiding his face behind a copy of the Washington Post, overheard a conversation in the clerk’s office about the special counsel being involved.  The special counsel, if that’s who it indeed was, responded to the witness’s appeal in just three days (bringing us up to October 1), which is like a whirlwind when calculated in “court time.”  Usually lawyers want to delay, delay, delay, but this case was attracting reporters’ attention for just the opposite reason.

 

The docket sheets do not identify the mystery witness who made that quick appeal.  The Politico reporters asked Trump’s attorneys about it, but they said they didn’t know who it was.  (Of course, if they did know, they couldn’t say, because grand jury proceedings are under seal.)

 

The flurry of motions continued:  On October 3, the court dismissed the witness’s appeal over some unspecified procedural flaw.  On October 5, with the procedural flaw swiftly taken care of, the witness re-appealed and by October 10 was before the appellate court.  Normally, such a procedural flaw takes weeks or months to resolve, but this time it took just two days.  On October 10, the parties filed a motion for “expedited handling” and, sure enough, on October 12, the judges set up an expedited hearing schedule.  If you’ve ever been involved in litigation, I don’t have to tell you:  this kind of hurry-up is almost unheard of.

 

The mystery witness was given just 11 days to file briefs, and the special counsel (if that’s who it is) just 2 weeks to respond.  The witness must now reply by November 14; that puts us one week past the midterm elections.  Oral arguments have been set for December 14.

 

Court watchers such as Nelson W. Cunningham, a former federal prosecutor for the Southern District of New York under Rudy Giuliani and also White House counsel under Bill Clinton, suggest that this witness is very likely President Trump.  The case apparently is getting special handling and has been moving with incredible speed, suggesting, Cunningham says, “that no ordinary witness and no ordinary issue is involved.”  

 

Cunningham has another reason for suspecting the witness is Trump.  When the full panel of ten DC Circuit Court judges were petitioned to review the witness’s first appeal, the one judge who had been appointed by this President, Gregory Katsas, recused himself.  We don’t know why –- judges don’t usually specify their reasons for taking themselves off a case --- but he’s been one of four deputy White House counsels under Trump, though he did testify during his confirmation hearings that he hadn’t been involved in the special counsel investigation.

 

I suppose that if Katsas hadn’t recused himself, that would be a clue that this witness ISN’T Trump.   

 

Cunningham closes his remarks on the Katsas recusal with a parallel to Watergate, which I’m sure the Politico team will find delicious:  In 1974, when the Supreme Court ruled that President Nixon would have to comply with a subpoena, Justice William Rehnquist was in essentially the same position, and he recused himself.

 

So that’s what appears to be going on with the special counsel investigation.  Whether or not that particular witness is Donald Trump, we know Mueller is like that duck in the lake.  All the action has been taking place beneath the surface.  It’s going on right now, with quiet intensity.  And no matter how the midterms turn out, the Democrats have their plans for how to move forward and unseat the duly-elected President.  If they take the House and Senate, Plan A (the easiest, obviously).  If they take the House but not the Senate, Plan B.  If the Republicans keep the House and Senate, Plans C, D and E.  They’ll exhaust the whole alphabet if they have to.

 

https://www.politico.com/magazine/story/2018/10/31/has-robert-mueller-subpoenaed-trump-222060

 

 

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Comments 1-25 of 31

  • Lenetta Haynes

    11/03/2018 07:55 PM

    Why doesn't President Trump make the FBI and Department of Justice release and declassify all of the documents that congress wanted long ago, in order to find out how this special council began? He did do that initially, and then had a meeting with Rod Rosenstein, and decided not to, but to let the independent (IG?) person who does the investigation of those departments continue to do it. Why?? I would have them all released and declassified to get to the bottom of why it was initially started, with the fake document that Hillary and Democrats paid for! Enough of this stacked deck in the Democrat's favorite with all of the Special Council appointees being Democrats that heavily donated to Hillary and other Democrats!

  • Kathy Wingate

    11/03/2018 12:12 AM

    Please, people, pray to our God that these slimy creeps aren't able to pull off their "insurance Plan" to impeach the POTUS!! Wouldn't a plot to overthrow a sitting President be treason? Who ever dreamed the FBI and "Justice" Dept. could be such crooks? Don't let him walk into their trap and let them have a victory. Thanks so much, for filling us in on what is going on under the surface...we knew it was nothing good, but how bad it has gotten, we can't really know, without your help...Please keep us posted, as you have been, we Deplorables need to have the REAL scoop! I say ( send all the Dirty Rotten Scoundrels to GITMO!!! (that includes Hillary and Billary).

  • Joseph St. Clair

    11/02/2018 01:47 AM

    Well that makes sense...I haven't heard or read much about the supposed special counsel, but that makes sense...a flurry of activity under the water.

  • Teresa Carstensen

    11/02/2018 12:34 AM

    I think you and your readers could appreciate this "MUST READ" piece:
    https://spectator.org/when-media-foist-false-narratives-to-sow-social-discord-they-indeed-are-the-enemy-of-the-people/?utm_source=American+Spectator+Emails&utm_campaign=9a26a261b9-EMAIL_CAMPAIGN_2018_11_01_06_55&utm_medium=email&utm_term=0_797a38d487-9a26a261b9-104371113

  • Rose Howell

    11/01/2018 11:04 PM

    Hi Mike,
    This Mueller really needs to go to prison. He is horrible. And so many others as well. Some of these people are actually scary to look at. Booker for one and that Rosenstein for sure and how about that Schiff character? His eyes. Yikes. When do we see some of that action? There was a cartoon recently with Mueller saying something to the effect of "I'll say whatever it takes to keep the Clintons from murdering me". We think they HAVE had folks killed. Are they never going to have to answer for all the deaths? I really thought it was part of Trump's agenda to put Hillary in prison. Is it still? Wm. Clinton too for LOTS of stuff. It's not right that these jerks just get away with all they have done.
    And of course Barry Soetoro too. Will we see it happen? It needs to happen. Have you ever seen this one? We believe it and we live in the Chicago area. https://www.youtube.com/watch?v=xkHezo_iDDE.
    Too bad we never get any answers from you. Ha. Bet you get some interesting mail.

  • Clarence Thomas

    11/01/2018 10:16 PM

    He's stalling for time, he ran into a dead end now hw has to build a justification for his existance and function. When its all said and done he'll be charged with treason and more. We need a mass public execution for these people who have conspired to participate this treasonous cout de tat

  • Tetiana

    11/01/2018 09:26 PM

    Republican supporters should file law suits against democratic violence cases as much as possible, b4 its too late.

  • John T Trotter

    11/01/2018 06:39 PM

    Have NRCC release a quick and dirty tax software to show voters how much their taxes will lower in April 2019. Create an ad for citizens to try the software program at a web site and compare result to taxes paid last year. This way tax saving can be realized prior to the mid-terms instead of in April 2019.

  • Laurie Giesler

    11/01/2018 05:10 PM

    Roger Stone has been meeting with Mueller.

  • rodney burke

    11/01/2018 01:56 PM

    time to be VERY suspicious. Mueller needs to be reminded of his failures in Boston and his not entirely too stellar tenant as FBI director. All his past sins needs to be brought out in the open. uranium one and the rest. That needs to be used as leverage over him. he is FAR too much like john kerry to be believable. What is going on behind the scenes should be cause for concern. At the same time, I think he realizes the jig is up and his whole purpose is for naught. These nonsense filings and convictions have zero to do with collusion,Hhe knows that. It's called desperation hoping something will hake loose. His role was unconstitutional and illegal from the start. I am hopeful that things fall on his head very soon. and he is in jail before Jan 1.

  • Leticia Gascoin-Ruffie

    11/01/2018 01:31 PM

    I thought the answer to the Mueller riddle would be : because Truth and Facts roll off of him like water off a duck's back.

    Let us remember that years ago, Mr. Mueller had 4 innocent men condemned to 30 years in prison to cover up for his Mafia informants. Two of them died in jail and the other two (?) finally went to court and recieved a million dollar compensation for being convicted unjustly. Mueller is a snake and should be in jail and condemned to pay back all the money his stupid "investigation" cost the taxpayer and WITH INTEREST.
    www.americanlibertyreport.com/.../robert-muellers-dirty-past-com...

  • Rada

    11/01/2018 12:45 PM

    I understand this is "overheard" conversation, deducing information, etc. but I hope President Trump is not considering an appearance before the grand jury. Surely he would have nothing to gain by this action. We all know Mueller is gunning for him and nothing good can come from it. Or am I missing something?

  • Marshall Suttles

    11/01/2018 12:23 PM

    In just a few days now Americans, Illegals, dead people, nursing home patients, signing pre filled out absentee ballots, filled out for them to sign and Lord knows what ever else will be tallied and the immediate political future will be set. As flawed as the process is, it is the only possible way to stop those who are hell bent on destroying our duly elected President. One elected by us "Deplorables"! The webbed feet of the detestable Socialist, Elite, Radical Democrats are churning away beneath these dastardly Ducks! Fellow Deplorables and those with any common horse sense must rise up again and use this last legal means to stop these "Birds" (Vultures) from regaining the power of our government. How can anybody want to go back to Pelosi / Schumer government when so much progress has been made in the last 2 years, even with all the bucking and screaming of the Demorats!! Pray, Pray, Pray and go vote, but never think that Almighty God is unaware of what's going on! We as Americans need His Mercy, for we have been a sinful people! So much like Israel before the Babylonian's overrun them and took them captive, as told about in the Old Testament scriptures. (Hard to stomach the current Pelosi grin and curtain measuring! YUK!!!)

  • Cecilia Sotomayor

    11/01/2018 11:56 AM

    Governor, I still cannot understand how Mueller investigation is still going on. The grand jury subpoena requires evidence. Executing his duties should not lead to a claim of obstruction and there is only evidence of "collusion" by the opposite party.

  • John Adair

    11/01/2018 11:41 AM

    Praying for a Red Wave.

  • Lisa Ford

    11/01/2018 11:15 AM

    The thing I am really getting so tired of; Democrats wasting our hard earned tax dollars on their witch hunts. Just because they want to act like spoiled brats, who want their way all the time. Can't we make a law against this? And put all those democrats on notice! Their behavior is awful. We discipline our children, for such behavior. Why can they get away with it? Maybe we can impeach them. What a happy thought. But make sure to follow up with, You're FIRED!!!!

  • Stephen Russell

    11/01/2018 10:57 AM

    Kayne West turncoat: Is he backing off Trump OR did Leftists arm twist him into playing Thier Game.
    Hopefully Hell come out back to Trump or die on the vine, in lalaland.
    Darn, wonder how many lives he impacted when he stated he liked Trump then.
    Has to be Leftist pressure on him.
    Or why "turn" away now??

  • David Wallin

    11/01/2018 10:50 AM

    Everyone assumes a lonely duck sitting on a peaceful pond is no threat & would be a target for a lonesome hunter if the duck flies. In this case since the duck is the hunter, take away the ducks gun, put him in a duck blind & call him a quack. That’s what I’d do.

  • Martin Welt

    11/01/2018 10:47 AM

    As usual, Gov. Huckabee provides valuable insight into Washington intrigue. You have to wonder why the left is so intent on destroying President Trump, who may very well be the best President this nation has ever had in a time of crisis. That is the riddle that deserves an answer!

  • Martin Welt

    11/01/2018 10:46 AM

    As usual, Gov. Huckabee provides valuable insight into Washington intrigue. You have to wonder why the left is so intent on destroying President Trump, who may very well be the best President this nation has ever had in a time of crisis. That is the riddle that deserves an answer!

  • Martin Welt

    11/01/2018 10:46 AM

    As usual, Gov. Huckabee provides valuable insight into Washington intrigue. You have to wonder why the left is so intent on destroying President Trump, who may very well be the best President this nation has ever had in a time of crisis. That is the riddle that deserves an answer!

  • kay kunterJ

    11/01/2018 10:45 AM

    I am so upset about all the nasty business that Mueller has inflicted on this country and all the wasted money spent on this ridiculous investigation. But that is not as worriesome as the Democrats and their agenda to take back Congress and what a mess this country will be in if they are successful. I am praying every day this does not happen. Just a quick thank you to your lovely daughter who stands up to the press every day. And thank you for all you do. We must back our President. He is doing a great job.

  • Janice Short

    11/01/2018 10:38 AM

    I am SO tired of these whining, childish Democrats!!! Why don't they just "take their toys & go home". I wish they would go to another country!

  • David Majors

    11/01/2018 10:13 AM

    Mike, I am commenting here because there was no place on the survey re: an executive order to reverse citizenship right by children of illegals. I voted no. I think it should be reversed but it is a constitutional issue and beyond the powers of the president. It would seemingly take a constitutional revision of the 14th (?) amendment.

  • Carol Fraser

    11/01/2018 10:05 AM

    And when does Hillary get taken to court? Hmmm?