You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Patriots' Day Campaign now.

May 8, 2019

We’ve Heard Enough From Robert Mueller

The last thing the world needs is more of Robert Mueller’s commentary, but Congress is determined to have him hold forth at a public hearing.

The last thing the world needs is more of Robert Mueller’s commentary, but Congress is determined to have him hold forth at a public hearing.

It’s not as though we don’t already have the special counsel’s version of events. He mustered enormous investigate resources and took two years to write a 400-page report that is available to the public and presumably carefully written (although not necessarily carefully thought through).

That should be enough for Mueller to stand on, and enough for Congress to make a decision to impeach or not impeach, or otherwise dispose of the matter as it sees fit.

Instead, Mueller is going to be asked to expand on his already-expansive report that not only blew through Justice Department regulations, but inverted the long-standing burden of proof in the Anglo-American legal tradition.

As a prosecutor, Mueller’s job — his sole job, really — was to decide whether or not the president was guilty of a crime. He declined to do this, choosing instead to write a nearly 200-page volume on obstruction cataloging what he found in the course of not making the only decision he was supposed to make.

The relevant regulations say that at the conclusion of the special counsel’s work he or she “shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.”

On obstruction, Mueller reached no such decision, and he didn’t write a confidential report, either - his report was clearly meant for public consumption. Besides that, he’s a stickler for the rules.

“Mueller’s action,” Jack Goldsmith of Harvard Law School writes at the website Lawfare, “seems inconsistent with what the regulations tried to accomplish, which was to prevent extra-prosecutorial editorializing.”

Worse, as Trump’s special counsel Emmet Flood set out in an excoriating letter, by stipulating that the evidence prevented him “from conclusively determining that no criminal conduct occurred,” Mueller stood the presumption of innocence on its head.

By Mueller’s standard, the prosecutor doesn’t have to prove guilt — the target has to prove innocence. And if the target doesn’t, he will be disparaged in a long-form quasi-indictment spelling out why he’s not exonerated.

If anyone not named Donald J. Trump were subjected to this new prosecutorial standard, it would occasion widespread comment and — one hopes — consternation.

There is, no doubt, public value in Mueller’s report, but he wasn’t supposed to be a free-floating ombudsman or truth commission. If Congress wanted to create one of those and charge it with running down every lead related to Trump’s alleged obstruction, it could have. Under the regulations, though, the special counsel is only “to exercise all investigative and prosecutorial functions of any United States Attorney.”

Now, Congress wants Mueller to compound the offense by speaking publicly. It doesn’t want facts from him. They are already in the report. It wants opinions and sound bites, especially any embarrassing to the president. Congress wants him to spend a couple of high-profile hours further “not exonerating” the president.

If Mueller had a proper understanding of his role, he would decline the congressional invitation, and perhaps write a letter giving his version of events regarding his interactions with Attorney General William Barr, which became such a flashpoint last week.

But the fact is that Mueller and Congress have a symbiotic relationship. For two years, Mueller was acting as, in effect, the lead counsel for an impeachment inquiry — bizarrely housed within the executive branch — while Congress wants to use his moral authority as a crutch at a time when it is vulnerable to charges of partisan overreaching.

This, too, is not supposed to be how the system works. But we are long beyond anyone caring. For a swath of the political world and much of the media, all that matters is that Mueller “not exonerate” Trump, and the more, the better, in whatever format or forum.

© 2019 by King Features Syndicate

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.