Mueller’s Statement and the Law of Unintended Consequences
Dov Fischer
by
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On Wednesday, former Special Counsel Robert Mueller opted to make a nine-minute formal statement as he was closing down his office and retiring from the Department of Justice. In his statement reviewing his two-year, $35 million-dollar investigation into whether the Trump Campaign colluded with Vladimir Putin and Russian agents to win the 2016 Presidential election, Mueller essentially acknowledged once again that there was not a scintilla of evidence regarding any such collusion. Without using the “H” word, he essentially conceded that the entire claim of collusion was fabricated.

A Hoax on the American people.

He did not elaborate on the Hoax, but it was a hoax perpetrated by Hillary Clinton, her people, Democrats, Left media, and even RINO “Never Trumpers,” all of whom could not fathom how Donald Trump had won the Presidency. They could not get their heads around it, so they sought alternative facts, alternative explanations. With Clinton money funneled through a once-respected Seattle-based national law firm, Perkins Coie, a ridiculous “dossier” came to be compiled and advanced by an exposed liar, Christopher Steele, and that Steele Dossier led to the next thing that led to the next thing. Secret FISA court warrants, intrusive wire tappings, “unmaskings,” allegations, charges. In time, the President fired an exceptionally unreliable, untrustworthy, and dishonest FBI head, James Comey. Before long, Comey was leaking “notes” to the New York Times through a friend of his, a law professor at Columbia University.

The story is disgusting, sordid, and has exposed a Deep State within the FBI and Justice Department that shocks even those who remember how the FBI in an earlier generation secretly wiretapped private individuals in their bedrooms, then released recordings of their sexual peccadillos, with an aim to destroy them. People like the Rev. Dr. Martin Luther King. In the new iteration, the goal was to destroy people associated with Donald Trump’s campaign and, if possible, even personal friends, associates, and relatives of Trump himself. It was Deep State — far more pervasive and severe than anything Trump imagined when he campaigned on a promise to “Drain the Swamp.”

When Attorney General Jeff Sessions recused himself from conducting any investigation into any alleged Russian collusion, Deputy Attorney General Rod Rosenstein took the mantle and named Robert Mueller as Special Counsel to conduct the investigation. Mueller assembled a team of prosecutors including Clinton supporters, Democrat donors, and even some notoriously unethical sorts whose prior records in the public eye already stained them as vile knaves in lawyer garb. Two years and $35 million later, Mueller’s team managed to get convictions of some Unfortunates on “process crimes” — crimes that had nothing to do with Russians, collusion, or the like, but instead focused on whether they had lied or obstructed when questioned by Mueller’s manipulators.

As Rudy Giuliani has stated, though his excellent insight has been deliberately misunderstood by the Left media, even honest words can be charged as lying and perjury if a prosecutor can point to someone else who has testified differently. If you state under oath that this country is called “United States of America” and another person states under oath that it is called “BooBoo,” the prosecutor can opt to charge you with perjury on grounds that you have given sworn testimony that conflicts with someone else’s sworn testimony. Then, to defend yourself from such an outrageous charge, you will need to hire attorneys to protect you. As those attorneys’ bills keep rising by the billable hour into thousands, then tens of thousands, then hundreds of thousands of dollars, you ultimately will find that you have to call Mueller’s people and cut a deal. You simply cannot afford the mounting legal bills, despite your obvious innocence, and you end up cutting a deal that infuriates you. Yet you agree to be put in prison for two weeks — and end the persecution before the rest of your assets are gone, your kids are indicted, and your spouse leaves your life.

That is what became of the Mueller Investigation as it degraded. They got innocents on process crimes, brought in a SWAT team — and a CNN television crew — as though they were going after the Symbionese Liberation Army to arrest Roger Stone in the middle of the night as he was sleeping, and they caught Paul Manafort on tax wrongs he had committed a decade earlier before he ever got involved with Trump. They destroyed American patriot and military hero Lt.-Gen. Michael Flynn, driving him to sell his house to pay his legal bills, and they destroyed names and reputations of Trump associates in any way they could, as when they highlighted Manafort’s penchant for esoteric clothes like an ostrich jacket to make a mockery of him.

In Mueller’s latest, and perhaps last, outrage he held the unnecessary press conference to leave a tantalizing suggestion for Trump Haters that perhaps the President should be impeached. Mueller repeated that he had no evidence to convict Trump of anything. He then stated, contrary to what he told Attorney-General William Barr three times, that a reason he did not pursue charges against the President is that DOJ guidelines demur against indicting a sitting President, leaving it to Congress instead to exercise an alternative legal measure, impeachment, in cases where the President has committed an indictable offense.

Mueller’s motives may have been manifold, but he clearly resents President Trump deeply and personally, and two years of the President’s sharp tweeting criticisms of Mueller surely did not change that animus. Unnecessarily, then, Mueller opted to launch a parting shot at the President on Wednesday, inciting the Democrats in Congress to launch a formal “impeachment investigation” and to move towards impeaching President Trump and reversing the results of the lawful 2016 election by which the American people gave voice at the ballot box. Nevertheless, if Mueller’s goal was to harm Mr. Trump and damage him politically, a baton that the Left media already gleefully has grasped in the political relay race, Mueller may find that he inadvertently has assured President Trump’s reelection in 2020 and the return of a Republican majority in the House. The Law of Unintended Consequences.

The American public encountered Obama and a Pelosi House in 2008. The Democrats held a huge 256-179 majority. Americans responded with such disgust and revulsion that they gave the GOP the House in 2010 by a 242-193 shellacking. Again they maintained the House’s Republican majority through the elections of 2012 (234-201), 2014 (247-188), and 2016 (241-194). They only reversed course when Paul Ryan’s lackluster House leadership after the Trump election left a distinct taste of disappointment. The GOP had been given both chambers of Congress, the White House, and the Supreme Court in 2016, yet proved unable to resolve meaningfully the border national emergency or healthcare concerns that had been exacerbated by the Democrats shoving Obamacare down the collective American throat.

As all eyes turn to 2020, Mueller has given the Republicans an unbelievable gift. House representatives will be going to the voters next year and asking to be reelected. In strong GOP districts, Republicans will win. In Democrat districts, Democrats will win. The balance of the House will be decided in centrist and Republican-leaning swing districts that went Democrat for the first time in years in 2018, swung by promises made by ostensibly moderate, new untested Democrat candidates promising (i) not to vote for Nancy Pelosi to be Speaker again, and promising (ii) to move forward the critical national agenda items of health care and resolving the border crisis. Hesitant swing voters, who had given the GOP the House again and again, took their chances and voted the Democrats in.

As the nation’s political focus increasingly inches towards 2020, with Democrat Presidential debates looming and primaries beginning in only another half year, the question voters will be asking themselves is “What did the Democrats do with the House we gave them in 2018?” Until now, the Democrats objectively — no matter your own personal political beliefs — have done absolutely nothing of import, focusing instead on subpoenaing the President’s associates and family, pursuing his tax returns, and insulting him and his associates daily. The names of House Democrats that come most to mind in the American political consciousness are Nancy Pelosi, Adam Schiff, Ocasio-Cortez, Jerrold Nadler, Ilhan Omar, Elijah Cummings, Rashida Tlaib, Maxine Waters. These are the House members who consume the most air in the room, the most air on CNN, MSNBC, and the rest of the Left media. None of them is associated with acting meaningfully to deal with the border national emergency or health care. The House has been obsessed with going after Trump and those in the Trump orbit.

The clock ticks towards 2020. There still seemed to remain a chance that the Democrats might try doing something constructive, if only for political survival. Just as a Joe Manchin becomes a rock-ribbed conservative in the Senate, backing Trump judicial selections and initiatives during the months preceding an election in conservative Republican West Virginia, it was to be expected that the Democrats would be pausing cynically from their Trump Derangement Syndrome as 2020 approaches. However, Robert Mueller’s nine-minute press statement now has changed all that. With one nine-minute statement, he has assured that the Democrats, like the rabid dog that races in frenzied frothing madness after its tail to no end, will lose sight of all else but impeachment. They will pursue impeachment, investigate impeachment, draft articles of impeachment. Impeach, impeach, impeach.

In the end, even if the thing passes the Democrat-majority House, it will die in the Senate. By 53-47, Republicans control a majority of the United Senate. RINOs like Jeff Flake are gone. Trump-haters like Bob Corker are gone. Sen. McCain has passed away. Mitt Romney will end his political career with Utah voters if he even thinks of voting for impeachment. Any House impeachment resolution will die in the Senate. It takes two thirds of the Senate to convict. Sixty-seven votes? No way. It will not even be close. Indeed, the majority will vote to acquit. Yet, thanks to Mueller, this impeachment nonsense now is revived and will consume the rest of the political air through 2020. Then, when the first-term “moderate Democrats” go back to their centrist and moderately conservative swing voters and ask to be reelected, they will have nothing on which to run, except for impeachment and Nancy Pelosi.

Voters’ monthly mortgages or rent is not paid with impeachment. Nor their home insurance, life insurance, health insurance, car insurance, automobile gasoline, electric, gas, water, phone, or other utility, medical, or educational bills. Impeachment does not pay for food — not even for peaches. This President and his party have given America a strong economy, almost full employment, record employment in the Black and Hispanic communities, steadily higher wages, a stronger military defense posture without embroiling the country in new regime-change adventures overseas, and they have made a better country with academically documented less racial bias than existed during the Wasted Obama Decade of Ferguson’s Michael Brown, Baltimore’s Freddy Gray, and Florida’s Trayvon Martin amid a stultified economy that could not get beyond sputtering.

Robert Mueller’s press event will prove an example of the law of unintended consequences. Go ahead, impeach 45. Make his day.

Dov Fischer
Dov Fischer
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Rabbi Dov Fischer, Esq., a high-stakes litigation attorney of more than twenty-five years and an adjunct professor of law of more than fifteen years, is rabbi of Young Israel of Orange County, California. His legal career has included serving as Chief Articles Editor of UCLA Law Review, clerking for the Hon. Danny J. Boggs in the United States Court of Appeals for the Sixth Circuit, and then litigating at three of America’s most prominent law firms: JonesDay, Akin Gump, and Baker & Hostetler. In his rabbinical career, Rabbi Fischer has served several terms on the Executive Committee of the Rabbinical Council of America, is Senior Rabbinic Fellow at the Coalition for Jewish Values, has been Vice President of Zionist Organization of America, and has served on regional boards of the American Jewish Committee, B’nai Brith Hillel, and several others. His writings on contemporary political issues have appeared over the years in the Wall Street Journal, the Los Angeles Times, the Jerusalem Post, National Review, American Greatness, The Weekly Standard, and in Jewish media in American and in Israel. A winner of an American Jurisprudence Award in Professional Legal Ethics, Rabbi Fischer also is the author of two books, including General Sharon’s War Against Time Magazine, which covered the Israeli General’s 1980s landmark libel suit.
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