Monday, December 25, 2017
Memo to Special Counsel/Prosecutor Mueller: Not Only Must Justice Be Done, But It Must Appear To Be Done
Lord Hewart in his famous decision ninety years ago in the British case of R v. Sussex Justices (1924), Ex Parte McCarthy (1923) 1 KB 526 (1923) wrote “Not only must justice be done, but it must seem to be done.” Your investigation is not a typical criminal investigation. It is an investigation into the activities of the President of the United States. The removal of a President in a democracy is akin to regicide in a monarchy. Many cheered Oliver Cromwell in executing King Charles I, but history has condemned him. The process should not be tainted. Special Prosecutor Robert Mueller is moving forward with his investigation of the Russian Connection with President Trump. He has secured indictments or guilty pleas from four figures. As your investigation proceeds, we are confused as to its purpose. And your status: Is it to: 1) Investigate Russian attempts to influence the 2016 Presidential Election? 2) Investigate the potential hacking of the Hillary Clinton personal server? 3) Investigate the hacking of John Podesta’s DNC emails? 4) Investigate possible collusion between the Trump Campaign and the Russians? 5) The facts of the Trump Dossier? Or 6) The indictment and/or impeachment of President Trump? Are you a special counsel or a special prosecutor? The distinction is critical. Not only must justice be done, but it must appear to be done. You may be a registered Republican, but your office is stacked with Clintonistas, if not outright Never Trumpers. Special prosecutor Kenneth Starr in the Clinton investigation was careful to staff his office with career lawyers in the Public Integrity Section and Democrats. You did the opposite, which creates an appearance of unfairness. Much of the alleged Trump-Russia Connection revolves around a 35 page dossier prepared by Fusion GPS, which was mounting a virulent anti-Trump campaign. The Trump Dossier was paid for by the Democratic National Committee by funneling $1.02 million through the law firm of Perkins Coie as “legal services.” The FBI received the Dossier in July 2016. The Trump Dossier is believed to have been the basis for an FBI FISA request Former FBI Director Comey referred to the Dossier as full of “salacious and unproven accusations.” Yet it is the root of the alleged Trump-Russian connection. You hired Andrew Weissmann as one of your staff. Weissmann has a reputation as a legal pit bull who does not necessarily follow the rules of law. He sent Arthur Anderson into oblivion and jailed four Merrill Lynch executives. The Supreme Court unanimously overturned the Arthur Anderson conviction while the Fifth Circuit exonerated the Merrill Lynch defendants. He had denied bail to the Merrill Lynch defendants who spent a year in prison before justice was served. His political bias is well known. President Trump fired Interim Attorney General Sally Yates after she refused to defend his immigration order. Weissmann emailed Yates: “I am so proud and in awe. Thank you so much. All my deepest respect.” Andrew Weissmann on election night attended the planned Clinton Victory Party, witnessing her defeat. Peter Strzok is another conflict of interest for the FBI. His fingerprints are present everywhere in the Clinton-Trump investigations. Strzok oversaw the General Flynn interview, which led to a perjury plea. The General pled guilty to one count both because Mueller’s office threatened to indict his son and because the retired general was financially broke. Strzok edited Director Comey’s Hillary Clinton’s exculpatory letter to change the draft “grossly negligent,” a defined criminal violation in the statute, to ‘extremely careless,” which legally means the same, but doesn’t sound as bad. The release and findings were drafted two months before the pro forma interview with Hillary Clinton. The interview was not recorded and the FBI returned her server. That is highly questionable conduct! Strzok was present at the interview between Comey and Clinton. He interviewed her aides, Huma Abedin and Cheryl Mills. They are believed to have answered questions with false responses, but they have received immunity. He is also involved in an exchange of compromising texts with Lisa Page, his girlfriend and FBI attorney. They are both vehemently opposed to Donald Trump. She wrote in an August text to him: “Wow, Donald Trump is an enormous douche.” He responded “How was Trump other than a douche?” She texted on March 4 “God, Trump is a loathsome human.” He responded “OMG [Trump’s] an idiot.” He texted on July 19: “Oooh, TURN IT ON!!! THE DO*CHEBAGS ARE ABOUT TO COME OUT. You can tell by the excitable clapping.” Those are just the openers. She also texted on August 6, 2016: “Maybe you’re meant to stay where you are because you’re meant to protect the country from that menace.” He texted that day “I can protect our country at many levels, not sure if that helps.” He also texted “F Trump.” He texted Lisa on August 15: “I want to believe the path you threw out for consideration in Andy’s office – that’s there no way [trump] gets elected – but I’m afraid we can’t take that risk.” He added: “It’s like an insurance policy in the unlikely event you die before you’re 40.” He referred to Donald Trump on October 20 as a “f---king idiot.” He wrote on The Justice Department properly recognizes that agents have Freedom of Speech, including political speech. That though does not mean they should be on a Justice Department task group investigating a President they despise. Rumors are also that Strzok used the dubious Trump Dossier to unleash the Russia investigation signing the requisite document. The Mueller investigation, or whatever it is, may be the fruit of the poisonous tree. Not only must justice be done, but it must appear to be done. Associate Deputy Attorney General Bruce Ohr met secretly with Glenn Simpson, founder of Fusion GPS and Christopher Steele, CEO of the company, the preparers of the Dossier. He did not notify his superiors. In addition, Nellie Ohr, his wife, was hired by Fusion GPS during the 2016 election to conduct opposition research on candidate Trump. Conflicting testimony by Deputy Director McCabe and others before the House intelligence Committee as well as his testimony that he was unaware of the provenance and financing of the Trump Dossier even though his signature is on documents establishing his knowledge Either we have an epidemic of selective memories or perjury before Congress. Are you investigating the testimony before Congress? You can’t make this up. Just because you can do it, doesn’t mean you should. Just because you can push the envelope doesn’t mean you should. The end does not justify the means in a country priding itself on the rule of Law. If this investigation were of Hillary Clinton under circumstances similar to President Trump’s alleged Russian collusion, the media would be outraged at the investigation. The disclosures about Strzok, Ohr, and Weissmann must be embarrassing to the FBI and Department of Justice. Stonewalling Congress by not opening up to Congress will only postpone full disclosure, and be even more embarrassing to the agencies. Strzok and Ohr were demoted, but Weissmann remains on your staff. Your recommendations, if to indict or impeach, should be based on solid facts, and not innuendos. The left is salivating over criminalizing the President as they did a decade earlier with Vice President Chaney. They will celebrate either or both actions. You will be sainted by them, but condemned by history if you don’t have a solid case. What about Hillary? Jeanie Rhee, another one of your staffers, represented Ben Rhodes, President Obama’s Deputy National Security Director, and Hillary Clinton. I understand that the FBI may not have wanted to be in the position of taking out one of the two major Presidential candidates during the election, but taking out a sitting President is even more dangerous in a democracy. Don’t forget the highly embarrassing miscarriage of justice by the Justice Department in the trial of Senator Ted Stevens. He was indicted a few months before the 2008 election and convicted 8 days before the election. He lost reelection by 3000 votes, giving President the critical 60 votes necessary to control the Senate. His conviction was based on gross prosecutorial misconduct. The prosecutors violated the Brady Rule by not turning over exculpatory evidence. They also introduced false testimony to secure the conviction. Attorney General Eric Holder dropped all charges against the Senator. He also ordered an annual day of training for Justice Department attorneys on the Brady Rule. In short, federal prosecutors thought the end justified the means in taking out a federal Senator. They had all the proof necessary to know Senator Stevens was innocent. Robert Mueller should be well aware of the Stevens case. He was FBI Director during the debacle. Not only must justice be done, but it must appear to be done!