May 31, 2019

The Democrats must have thought they'd hit the jackpot when Mueller took to the microphone on Wednesday to once again “fail to exonerate” President Trump and help his enemies further their impeachment narrative. But his odd, self-contradictory statement, read haltingly off a sheet of paper, has backfired on them, though many of them may not yet realize it. In Thursday’s newsletter, I observed that Harvard Law professor Alan Dershowitz had expressed dismay at Mueller’s twisting of the law and his role as prosecutor. As it happens, Dershowitz has written an op-ed for THE HILL that lays out in detail the reasons for his disgust.


The title, “Shame on Robert Mueller for exceeding his role,” only scratches the surface of the problems Dershowitz has with Mueller.


As bad as Dershowitz has always thought Comey’s July 5, 2016, press conference was --- the one in which he ran through all of Hillary’s wrongdoings but then claimed “no reasonable prosecutor” would try the case --- he thinks this weirdness from Mueller was even worse. Specifically, it was Mueller’s statement that “if we had confidence that the President clearly did not commit a crime, we would have said that.” (Numerous other legal experts have joined in the chorus of condemnation for that gem.)

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I’ll save a detailed discussion of Comey’s treatment of Hillary for another time, as I part ways with Dershowitz and other Hillary supporters with my belief that Comey was actually trying, in a very bizarre way, to HELP her stay in the race. How? By getting out in front of the story of her misdeeds and then “officially” dismissing them all before people could start asking, “Well, what about when she did (THIS)? What about when she did (THAT)?” Democrats, including Hillary herself, like to blame Comey for her loss on election day, when it seems he was trying, weirdly, to help the “fix” be in for her.


Of course, Comey did go way beyond his responsibility with the Hillary case, just as Mueller has with Trump. What Comey should have done that day was to shut his trap and pass his findings to then-Attorney General Loretta Lynch, who, in turn, should have indicted Hillary for obstruction of justice and violation of the Espionage Act. Then Hillary would have had to drop out of the race. (That’s when Biden would’ve jumped in.) Instead of hopping back on the campaign bus with Huma, she would have retreated to Chappaqua, laid in a few dozen cases of chardonnay and consulted with her team of top attorneys. Trump still would have won. I digress.


Back to Mueller. Dershowitz says in his op-ed that Mueller went even further than Comey had, and “gave a political gift to Democrats in Congress who are seeking to institute impeachment proceedings against President Trump.” (Great minds think alike; I used the same work, “gift,” to describe the “I cannot exonerate him on obstruction” comment tucked into Mueller’s report.) On Wednesday, his gift to them was the mere implication that Trump had committed obstruction. As Dershowitz points out, obstruction is one of those “high crimes and misdemeanors” that warrant impeachment and removal of a president from office.


This was just what Jerry Nadler wanted. As I have said, it’s easy to imagine Mueller striking a deal with Nadler: “Okay, Jerry, I know you want the optics of having me there in the hearing room, going back over and over the report, but think about it –- you KNOW I can’t testify. The Republicans actually WANT to get me in there. Just imagine how that could go. So if you can just keep me out of that room, I’ll give a press conference and really push the “obstruction” angle. Don’t worry, I won’t take questions.”


Here's Dershowitz in his op-ed, making the same point as he did in the quote I pulled from FOX News on Wednesday: “Until today, I have defended Mueller against the accusations that he is a partisan. I did not believe that he personally favored either the Democrats or the Republicans, or had a point of view on whether President Trump should be impeached. 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.”

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Mueller is allowing himself to be used for partisan advantage, and Dershowitz can’t imagine any reason for this other than that he’s a partisan himself. Neither can I. In fact, I’d say that on the question of partisanship, Mueller got the benefit of the doubt from Dershowitz for an amazingly long time. (We saw indications of his bias early on, right?) But now, it’s just so obvious that all the smoke and mirrors in Washington can’t hide it.


In his op-ed, Dershowitz also outlines how the justice system is supposed to work, as opposed to the way it worked in practice under Mueller & Company. I recommend it highly.


Robert Mueller may have dodged having to take questions by Republicans on the House Judiciary Committee, but he’s not out of the woods by any means. The president of Judicial Watch, Tom Fitton, has called for an investigation of Mueller himself, for suggesting “wrongdoing by an innocent person without any foundation.” This is exactly what Mueller did during his bizarre presser.


Of course, Judicial Watch has never had reason to give Mueller any benefit of the doubt. They’ve been trying to find out what was going on at the FBI, DOJ and State Department for literally years now. (We may not have a wall at our southern border, but we sure have one around the Justice Department. Not to mention the State Department.) Fitton’s persistence has been unbelievable and is finally paying off big-time.


During an appearance Wednesday night on Lou Dobbs’ show on FOX Business News, Fitton said that Mueller’s political attack on the President was “turning the rule of law on its head,” as it suggested that Trump is guilty and, “because he can’t prove otherwise, we should conclude that he should be impeached.”


Dobbs called Mueller’s actions “an abuse of power.” Sounds right to me.


Partly because of the cozy relationship between Mueller and Comey, Dobbs believes there should at least be an internal ethics investigation of the special counsel’s operation and its interaction with some of the witnesses. Actually, it seems to me that this investigation should –- and will –- go further than that. Many of the questions Attorney General Barr has about the origins of the “Russia” investigation will overlap with what the special counsel was doing later on. For one thing, it ALL goes back to that blasted “dossier.” For another, some of the same people were deeply involved in both investigations. I have a feeling that Barr is working right now to get a clear picture of what all those relationships are.

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Barr is well aware of how important his assignment is, and he can’t get to the bottom of it without looking at Mueller. As Fitton said, “This was about as political an intervention in our system as any Justice Department employee’s ever done.”



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Comments 1-25 of 34

  • Marie M Dahl

    06/02/2019 11:18 PM

    I can hardly wait for the tribunals to start. Wonder who will be up first.

  • Ann Brannan

    06/02/2019 03:42 PM

    I am sick and tired of the lies and corruption! When will we see these people go to prison! I cannot believe that they have so much pride that they believe they are doing this for the good of our country!! We must have justice! What really bothers me is the corruption they have gotten away with. Big bucks that cannot be made by the House and Senate. The louder cries come from the ones who have done the most damage! My heart goes out to the ones who have been prosecuted and harassed by these fools. Donald Trump and his family have suffered much by this! They are patriotic and love this country dearly and do not deserve this! God Bless all of the Trump family! Time to lock them all up! Thank you for listening!

  • Linda Olds

    06/01/2019 11:13 PM

    It should be obvious to everyone that Mueller is biased against President Trump. Even Trump-haters must know it, but they think anything is ok as long as they can get rid of Trump.
    The Republicans have more questions to ask Mueller than the Democrats do. Why did Mueller hire only Trump-haters to do the investigation? (Because he's a Trump-hater). Why did Mueller continue to investigate after he saw that there was no collusion? (To give the 2018 election to the Democrats). Why did Mueller treat Flynn, Manafort, etc. the way he did? (To get them to accuse Trump of crimes he didn't commit).
    There are many questions, but the big one is why was the investigation against Trump started? I hope Barr and the others will now find the answers.
    This whole thing is showing that President Trump is the one who loves America and he's fighting to save America. The Democrats hate him so much, that they are willing to harm America to get rid of him.

  • Linda Olds

    06/01/2019 11:13 PM

    It should be obvious to everyone that Mueller is biased against President Trump. Even Trump-haters must know it, but they think anything is ok as long as they can get rid of Trump.
    The Republicans have more questions to ask Mueller than the Democrats do. Why did Mueller hire only Trump-haters to do the investigation? (Because he's a Trump-hater). Why did Mueller continue to investigate after he saw that there was no collusion? (To give the 2018 election to the Democrats). Why did Mueller treat Flynn, Manafort, etc. the way he did? (To get them to accuse Trump of crimes he didn't commit).
    There are many questions, but the big one is why was the investigation against Trump started? I hope Barr and the others will now find the answers.
    This whole thing is showing that President Trump is the one who loves America and he's fighting to save America. The Democrats hate him so much, that they are willing to harm America to get rid of him.

  • Sondra Hudgins

    06/01/2019 07:59 PM

    Perhaps the reason Mueller looked sick and spoke in a shaky voice was that he was ordered to do this by the highest echelon of the Deep State... perhaps afraid to not do their bidding!

  • Joice Quinlin

    06/01/2019 12:42 AM

    What did President Trump do to these people, who are hell-bent on getting him out of the White House? Is it because Trump is a longtime Businessman?, Is it because he keeps the American people in the loop on everything even his thoughts on Twitter and Americans love that about him? Is it because he change from a Democrat to a Republican? Is it the way he say what he means and means what he says? Is it because he is calling the Democrats out for their wrong doing ? or Is it because President Trump stands in his truth and wont back down?

  • Kent Forss

    05/31/2019 11:18 PM

    God bless you Mike for being such a great Christian and patriot !

  • Mildred Sheldon

    05/31/2019 08:11 PM

    MIKE This whole investigation against President Trump stinks to the highest heaven. I knew President Trump was not guilty of any crimes from the getgo. Not one of those people involved with this investigation is innocent. Mueller is just as guilty of treasonous crimes as is Comey and the rest of all those who set it up. I would love to see the total and complete truth come to light and all those crooked men and women charged and sent to prison. Obama, Clintons, Lynch, Mueller, just to name a few.

  • Dennis Davis

    05/31/2019 07:44 PM

    Well Mike I and or We out here have been hearing all these wrong doings now for months that the left is going down do to wrong doings. So when is it going to happen? Barr is now the A/G and seems to be a great professional honest law man. How much longer do we have to wait for justice to start being served Mike? You have the people in the Senate going on about this person and that person but nothing does takes place so far ALL TALK deep state but no ACTION on the deep state. ????
    Comey should of been behind bars over a year ago but still walking along with McCabe, Clapper, Brennan, X a/g lynch, Steel. and all the many others....
    Denny - Iowa


    05/31/2019 06:25 PM

    It's been far to long that the "deep state" has been allowed to infect and chip away at our freedoms and the constitution itself. My prayer and hope is that Attorney General Barr will not wavier in his duties to get to the bottom of this sham.

  • william fuhrer

    05/31/2019 06:10 PM

    can congressmen and women be impeached? By ignoring President Trumps national security concerns those voting against the wall put the United States in great danger so those politcians should be impeached or at least recalled

  • Karen McKee

    05/31/2019 04:04 PM

    To say I was surprised by the Dershowitz statement is mild. I am impressed that he responded to Mueller's presser with such brilliant legal disdain. Oh how I hope the Senate subpoenas Mueller! The Demonrats can NOT be allowed a pass on this nor a pathway to impeachment!

  • James Schaffner

    05/31/2019 02:50 PM

    Our Father in Heaven continue to shed the light of truth on those things being done in darkness to obstruct Your will being done through President Trump. And cause those that are setting traps to harm the President be caught in their own traps. Amen.

  • Marilyn DeMarco

    05/31/2019 02:29 PM

    Thank you for this report it gives me hope for America, and I need that with all this bigotry from the media, and the dems right now. You are so appreciated! God bless you and this United States.

  • teresa dickerson

    05/31/2019 01:49 PM

    Mueller was nothing but a criminal and a lousy attorney. He profited from that illegal uranium deal also, not just Hillary. He was friends with Whitey Bulgar and this guy would have never been in the lime light had he not been pandering to the Clintons. I say we go after him, the Clintons, The Obamas, and the rest for taking our tax paying dollars that WE EARNED AND GET OUR TAX PAYING DOLLARS BACK. How does a man that slept with Pelosi for 12 years while she was married be allowed to even be an attorney and what about their kid that goes by the name Alexandria Mueller Pelosi?? You cant tell me this was just a coincidence. Mueller, Rosenstein and many many more should be hung for treason now.

  • Harriett Marquis

    05/31/2019 01:17 PM

    I set here and shake my head in disbelief of this gov. being so evil, I fear for the lives of all those that are digging into this corruption. We must pray for their safety.

  • rodney burke

    05/31/2019 01:13 PM

    and we should be listening to Dershowitz. Robert Mueller was dishonest. He knew EXACTLY what he was doing and that makes him a disgrace, to the FBI, to being a "lawyer" and being a man. History will not be kind to him. He KNEW better and did it anyway. He showed his true character...none. He allowed hate to cloud his actions.

    I am sure he knew what his responsibilities were and failed like all dems to carry them out. The epitome of all the bad guys we seen in Westerns, the black everything. As likely has been said by not just me. No, he doesn't want to testify before congress. He already KNOWS the questions that will asked of him by republicans and he KNOWS the answers he can't give because he isn't honest. Not EVEN a RINO, worse!

  • Roxanne Rosales

    05/31/2019 01:01 PM

    I have a question. Why Did Barr give the ok for Mueller to make a statement? And, do you think he knew what Mueller was going to say? If his speaking was against department policy, why was it allowed?

  • Stuart Bailey

    05/31/2019 12:24 PM

    All Bill or Hillary have to do is assign one of their “ hit men” to any one of the witnesses in the pursuing investigations and everyone else will pled the 5th....

  • William Schlumpf

    05/31/2019 12:01 PM

    Mueller has turned the justice system on its head with his bizarre statement " if we had confidence that the president did not clearly commit a crime, we would have said so,." With those words he clearly insinuates that Trump committed a crime though does not specify what that crime is. This is totally unethical for a prosecutor to do . A prosecutor's job is to gather evidence of a crime and charge someone of criminal activity based upon evidence.
    It is the job of the court to weigh the evidence against the charges and allow the defendant to refute them. Mr Mueller has taken the Comey paradigm established almost 3 yrs ago of the prosecutor unethically assuming the role of the court in determining guilt or innocence of a crime. But even in subsuming the court's role, mr Mueller has a dyslexic understanding of law and logic as it is extremely difficult if not impossible to establish innocence of a charge for which there is no evidence. That is why we call such claims baseless and instead presume innocence placing he onus upon the prosecutor/plaintiff/accuser to prove their claims are evidentiary and true. Are the American people confident mr Mueller/Comey/brennan/clapper/Clinton are not conspiring to overthrow the duly elected government of the United States by perpetuating this hoax? After two years of Mueller attempting to lure the president into committing a crime it would seem plausible, but without evidence it would be slanderous to make the accusation.

  • Pat Murphy

    05/31/2019 11:53 AM

    Governor, why has no one considered that Mr. Mueller's mission may have been twofold. His primary objective to clean up and destroy any evidence HRC left as to her crimes and second to get Trump. Remember, to them, Trump is a traitor to their cause. Pulling his support for them and running against them was unforgiveable. They will not be satisfied with protecting HRC, Trump must be crucified, and publicly. Mueller may be done as an "investigator", but he is still on the team batting clean-up.

  • Robert Brickner

    05/31/2019 11:36 AM

    It seems that no one should really be surprised by the "Mueller" announcement. The whole goal has been to remove the President by any means. So, collusion ( which is not a crime ) and obstruction did not work so its back to plan "A". By making the statement he did, Mueller simply kept the impeachment ball in the air. This gave "life" to the people out to get the President but there still needs to be proof of something. At this point in time and probably at "no" point in time will there be proof of any wrong-doing by the President. The best antidote to all this would be to get the declassified documents out as quickly as possible and start the round-up of the real villains in this scenario. This would set a lot of people on their ear but justice needs to happen. Thank you.

  • Keet Parakeet

    05/31/2019 11:35 AM

    Another sad effect this investigation in an attempt to gather evidence for prosecution of improprieties associated with election law is that it discourages honest people from thumbing the phone book & then calling the FBI. Some weirdo tries to push scandalous material around an election (something Russians routinely do along with poisoning people who are uncooperative), heretofore one would expect the thumb & phone response, possibly after saying "yes, yes" to the russian operatives while whisking them out the door, while hoping they didn't poison you while they were there. After the attacks on Trump & his campaign by US "law enforcement", will the other politicians dare to call? & if they do will it make matters worse? People aren't stupid, but this investigation certainly was. Very bad.

  • Dawn Street

    05/31/2019 11:23 AM

    I have watched our beleagured and badgered President fight back with every ounce of his strength. Reminds me of a bear fighting off a pack of wolves. They are everywhere he turns, grabbing at him with their canine teeth. They never let up. I am so happy with A G Barr's presence on the political/judicial scene. While President Trump struggles with the attacks, Barr is resolute, stolid and unrattled. Thank God for his stoicism.

    Mueller is a renegade, lean old wolf whose fangs are blunted from all the attacks he has initiated. Now, I hope he is limping off into the sunset never to be heard from again, at least not in an adversarial position of strength. He should no longer be a threat to our peace. The rest of his wolf pack should be getting weary and hopefully will waiver enough to be destroyed by the good guys, the men in white MAGA hats.

    I firmly believe that Trump and Barr were sent as a gift from God to restore our faith, our nation and our government. I pray for His protection of them as they fight for us, the people of the United States against these foreign and domestic enemies. I pray that our people will turn back to the basics, to our foundation, which is found in the Holy Bible. Our form of government will only work if our people are Christians and if we can repent and turn from the wickedness we have allowed to engulf our land.

    God bless you and God bless Sarah as she too struggles against the attacks. No other administration in our history has had to deal with this level of destruction and this evil.

  • Doug Morgan

    05/31/2019 11:23 AM

    Thanks for your analysis! It is easy to get weary of the Mueller "stuff" but somehow it must be discredited. A Wyoming rancher's summarized the Mueller report and Democrats' hapless ongoing efforts in one sentence:

    "While we recognize that Trump did not actually steal any horses, he is obviously guilty of trying to resist being hanged for it.