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May 3, 2018
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For those who enjoy parsing the actual laws rather than indulging in partisan fantasies about collusion and impeachment, National Review has an excellent article by former US Attorney Andrew C. McCarthy. He analyzed the alleged list of 49 questions Robert Mueller wants to ask President Trump. His verdict: Trump should decline to talk to him and Mueller should just stand down.

McCarthy believes that judging from the questions he allegedly wants to ask, Mueller has found no evidence of any real crimes and is now trying to force Trump to reveal what his thoughts, attitudes and intentions were when he was making executive decisions that he clearly had the Constitutional authority to make, in hopes of finding a way to charge him for something he says in the testimony, like wanting to obstruct an investigation that was never actually obstructed in any way. As McCarthy notes, Mueller has a habit of turning witness interviews into false statement prosecutions. In short, he’s trying to spin something out of nothing, or at least not enough of anything to justify continuing to distract America’s Chief Executive over, and he needs to wrap it up and let the President get back to governing.

That’s the layman’s nutshell version; you can find all the legal reasoning and explanations of such exotic terms as “pretextual appointment,” “executive prerogatives” and “corrupt motive theory” at the link. Happy reading!

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Another legal term that’s not in McCarthy’s article but that you might be hearing a lot in the future is “fruit of a poisoned tree.” It means that you can’t convict someone based on evidence that was obtained illegally, such as through an illegal arrest, unreasonable search or coercive interrogation. The first place you might hear it is from the lawyers for former Trump campaign chairman Paul Manafort, who is facing multiple charges for alleged financial improprieties based on materials seized in a mob boss-style raid on his home, based on unrelated claims that he colluded with Russia on the election, which apparently came from an unproven Trump oppo research dossier that the FBI reportedly neglected to mention was paid for by the Clinton campaign when getting a warrant from the FISA court judges. That tree poisoned enough for you?

For months, Mueller’s team has been stonewalling Manafort’s attorneys’ requests for discovery to see any evidence that he had contacts with Russian intelligence agents. They say they’ve now been told there are no materials responsive to their request. In other words, there is no evidence that Manafort ever spoke to any Russians, despite government leaks suggesting that he did, which were used to create a false narrative to justify a special counsel. They say if this proves true, then Manafort never should have been under investigation, the counsel should never have been appointed, and the search never should have happened, so the evidence is tainted and the charges should be dismissed. There’s a suggestion that the investigators might have evidence they haven’t released yet, but it seems odd that they are refusing to release it to the defendant’s attorneys, as required by law.


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Then again, in the probes of both Trump and Hillary, we’ve seen that some top federal law enforcement officials view laws the way Lewis Carroll’s Humpty-Dumpty viewed words:

“’When I use a word,’ Humpty Dumpty said, in rather a scornful tone, ‘it means just what I choose it to mean—neither more nor less.’”

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Comments 1-20 of 20

  • rodney burke

    05/07/2018 06:12 PM

    yes he should stop down, in handcuffs and be carted off to sing sing. This guy is so far beyond a criminal,
    there isn't a word in the dictionary for him.

  • vincent smith

    05/05/2018 12:55 PM

    If sessions would get off his worthless ass and do something it would help and if he was any kind of a man this wouldnt have happened in the first place.

  • rodney burke

    05/05/2018 12:42 PM

    what Mueller SHOULD be but won't is escorted directly to jail for criminal contempt and a host of other criminal violation of KNOWN statutes. There are plenty of people who can give us the ones that apply.

  • Helen Feldman

    05/05/2018 02:23 AM

    Very few people know Constitutional law as well as Marc Levin. He read a very compelling statement about how far a counsel can go to bring down a sitting president. He stated that according to the Constitution, the President cannot be legally held back from doing his job. Why is nobody listening to Mr. Levin? Why is this abuse allowed to go on? Why is everyone so afraid to rid us of Rosenstein, Mueller, and even the useless AG? Our hard earned tax dollars are being abused by these criminals. I see things from a consumer's eyes. I may not know politics, but I do have a brain to figure it out. It is enfuriating to watch so much evil being protected under the law. All I have ever wanted is to see justice done.

  • William Goldsby

    05/04/2018 09:46 PM

    I say it's time for us Smart Americans to look into filing a Class Action Lawsuit against Mueller for misappropriation of Federal Funds. He has spent months "Investigating" a Fraudulent Dossier and has only charge a couple of folks after he used what I would call underhanded techniques and trickery. Yet, lets his buddy Comey walk free who has admitted multiple times to disclosure of Classified documents and Lying Under Oath.

    All this whole farce has done is to open my eyes more to the Evil that lingers in the Swamp or more like Cesspool of Washington, D.C. There needs to be Major Reform and I'm afraid it will only come by way of a Civil War. If that happens we need President Trump at the Helm, since the majority of the Military Forces, Law Enforcement and First Responders that I am friends with agree with him and will stand behind him. I also feel that it will start with a take over of California if Gavin Newsom gets elected.

    It seems the DNC is grabbing at whatever they can, but I keep praying this will all blow up in their faces by the end of May and the June '18 Primary Elections will show a change.

  • LORI ANN REGO

    05/04/2018 08:40 PM

    GOV. HUCKABEE I'M SO GLAD THAT THE KOREAN AMERICANS WILL BE COMING HOME. THANKS TO PRESIDENT TRUMP. THOSE POOR PRISONERS WILL HAVE ALOT OF ADJUSTING TO AFTER NOT BEING IN AMERICA. WILL HAVE TO PRAY FOR THEM TO HEAL

  • Wayne Hilchen

    05/04/2018 07:37 PM

    Mueller is a bully! He should be indicted for ruining the lives of people around the president he and the 17 prosecuters digging. His Gestapo tactics should be stopped now and the "investigation" halted. We the people have spent enough money in fees that should be returned. Congress should step in and stop it.

  • jack macdonald

    05/04/2018 02:41 PM

    This whole convoluted mess would never have happened if the Repubs knew how to govern. They have had flub after flub starting with Session's recusal. Even having recused himself, he could have insured that only legitimate material was given to the FISA courts. He could have also gone after Hillary and company for numerous felonies they committed. Comey and Rosentein should both have been fired for being a party to the phoney dossier. The new FBI directory seems to be another feckless individual who shows zero leadership of the FBI. Where was this guy when they guys in charge were breaking every rule in the book? Obama and his minions have done serious damage to our governing institutions with no consequences. How does this happen? How can these people ignore the Constitution over and over again? Unbeleivable ineptitude! Where do we find these people to run our govt? All I can say is CRAP!!!!

  • Mike Spears

    05/04/2018 02:31 PM

    Gov Huckabee: Excellent commentary, regarding the need for Mueller's team to stand down. Would like to add one or two relevant points:
    1) As a young army officer (that was years ago), I was always taught that the government traditionally NEVER initiates a court case unless there is strong evidence that a specific crime has been committed and that said evidence so overwhelmingly strong that a conviction is almost certain. This should be especially true when opening a "special council" by the Justice Department, that will end up costing millions of dollars. Question: Where is that overwhelmingly strong evidence against the Trump Campaign. The investigation has gone on for more than a year. It's time for Mueller to "fish or cut bait."
    2) We obviously still have the remnants of the Obama "Political Justice Department" still in place. It's going to take a while to root them out. This tells us quite a bit about what the Democrats want for our justice system in the USA. All loyal Americans should take notice that if we have a justice system that treats even the President this way, how are the rest of us going to be treated? We also need to contrast this with the way Hillary Clinton and her team was treated, even with multiple, known criminal offenses. Our President is being treated as though he were Al Capone by Rosenstein and Mueller.

  • CARMEN PRICE

    05/04/2018 02:15 PM

    Governor,
    Yes, Mueller should stand down and go away............he has been mixed up in so many Witch Hunts, just look at what he did to Rod Bladojevich and his life, yes Mueller was involved, stormed into Rod's house etc, same way as Manafort and Cohen, this man is evil and has his own agenda! Bladojevich has been in prison for 7 years, but did he really deserve that? Only Mueller knows for sure. Mueller should be removed from his job and included in everything with Comey, Rosenstein, Hillary and all the others.
    My 2 cents,
    hugs
    Carmen Price

  • Barbara Daniels

    05/04/2018 01:49 PM

    I sincerely believe that Congress should act immediately and put Robert Muller out to pasture. With all the info that is out now from The Good Media, I can't help but wonder just where Muller's mind is. But more importantly who is funding him to keep on this 'witch hunt' of Pres. Trump. Muller must really be a moron that he can't see the writing on the way and just remove himself/step down and close this fiasco. No wonder that people are having trouble in believing that this is justice in this world. My thoughts and prayers are with Pres. Trump and his family and that this crap of a witch hunt stops soon.

  • Eva Shaw

    05/04/2018 01:46 PM

    Mueller is so biased and angry that he is unable to approach the problem at hand in an equitable way. I think this is a personal grudge and that is the reason to stand down.

  • F. Donald Parsons

    05/04/2018 01:21 PM

    Time to quit all the obfuscation and get on with the nation's business!!!!!

  • Vernon Freeck

    05/04/2018 01:07 PM

    I do pray that Mueller would step down for the sake of this Nation. The President is doing a good job and would even be more effective if it wasn't for the Mueller agenda.

  • Cliff Mathews

    05/04/2018 12:20 PM

    I agree. If after more than a year he could not come up with a crime, all he wants to do is make a crime. There should be a judge that cuts him off.

  • rodney burke

    05/04/2018 12:01 PM

    It is past time for Mueller who is NOT a good guy in any sense of the word, to go directly to jail, do NOT pass go and be CHARGED $200. This man is engaged in KNOWING criminal activity. He as a prosecutor has nothing but a BAD track record. Enron, Boston, Uranium one, Fast and Furious. It is time for his band of thugs to be escorted off to jail by US Marshals. This is nothing more than a criminal enterprise and they aren't masquerading anymore. Their intent is out in the open, criminal activity.

  • Stephen Russell

    05/04/2018 11:47 AM

    Post online the 49 questions, then pose hypothetical questions to Mueller from Prosecution team alone.
    Link to U1 , Email server, Clinton Fdn, etc too.
    & post online & in media??

  • Mitzi Cole

    05/03/2018 06:09 PM

    President Trump should not let Mueller, or anyone on Mueller's team, anywhere near him.

  • Randy Butler

    05/03/2018 03:26 PM

    Mueller and Rosenstein are SWAMP Bureaucrats that would arrogantly destroy the REPUBLIC rather than to leave NOW with some dignity. 15 months of wasting the American tax dollar for personal fame. Neither one is capable of holding real employment. MUELLER and ROSENSTEIN are bureaucratic leaches that have a proven record of NO RESPECT for the American Constitution or the Rule of Law. Rudy Giuliani is correct in calling for the both to END the NON-INVESTIGATION.

  • Randy Butler

    05/03/2018 03:09 PM

    Mueller and Rosenstein are SWAMP Bureaucrats that would arrogantly destroy the REPUBLIC rather than to leave NOW with some dignity. 15 months of wasting the American tax dollar for personal fame. Neither one is capable of holding real employment. MUELLER and ROSENSTEIN are bureaucratic leaches that have a proven record of NO RESPECT for the American Constitution or the Rule of Law. Rudy Giuliani is correct in calling for the both to END the NON-INVESTIGATION.