How Mueller’s Lawyers Spun the OLC Guidance on Indicting a Sitting President

Andrew C. McCarthy

After Mueller, it is worth another look at its role in the report and its fallout.

Part One: The Mueller Report’s Fundamental Dodge  

Democrats Push Mueller to Contradict Report. That, however, is not how the OLC guidance was construed by Mueller — or, I should say in light of Mueller’s patent unfamiliarity with the Mueller probe, by whoever on the special counsel staff was actually running the investigation.

Part Two:  "This is Part Two of a two-part series. In Part One, we took a look at the OLC guidance that bars the indictment of a sitting president. (The OLC is the Justice Department’s Office of Legal Counsel.) In particular, we looked at (a) how, in investigating President Trump for purported obstruction, special counsel Robert Mueller’s staff distorted the guidance into a prohibition against even considering whether an offense occurred; and (b) the futile hope of congressional Democrats, during Wednesday’s hearings, that Mueller would contradict his final report on this point. 

"In Part Two, we explore why Mueller’s staff of very able lawyers, many of them activist Democrats, twisted the OLC guidance. (Spoiler: Their priority was to get their evidence to Congress, intact and as quickly as possible, in hopes of fueling an impeachment drive, or at least damaging Trump politically.) We also analyze how attorney general Bill Barr deftly dealt with the Mueller staff’s gamesmanship." . . .

Toon added by TD

"As we observed at the end of Part One, Mueller’s report makes the whopper of the claim that prosecutors construed to OLC guidance to forbid them to make a charging decision on obstruction because they were trying to protect President Trump.

"How’s that?

"Well, Justice Department protocols prohibit prosecutors from prejudicing suspects by publicizing the evidence against them unless and until they are formally charged. The idea is that the government must refrain from speaking until it files an indictment. For at that point, the person becomes an “accused” under the Constitution, vested with all the due process guarantees our law provides: assistance of counsel, confrontation of witnesses, subpoena power — the full array of rights to challenge the government’s indictment." . . .

Rand Paul offers to help pay for a ticket so Ilhan Omar can see Somalia and understand how lucky she is to be in the USA

Thomas Lifson

No, it’s not, “Send her back!” It’s “Let her go back on my dime.”

"After talking about the refugees in his home town that he knows, who love America and are grateful to be here, Senator Rand Paul made an offer Rep. Omar should not refuse: A free trip to Somalia – the nation she still calls her homeland– to see...

“… the disaster that is Somalia, that has no capitalism, that has no God-given rights guaranteed in a constitution, and that has about 7 different tribes that have been fighting each other for the last 40 years, and then maybe after she’s visited Somalia for a while, she might come back and appreciate America.”

Trump campaign produces brutal video highlighting The Squad’s crazy statements

Thomas Lifson "For decades, the Democrats have expertly demonized Republicans and conservatives, making the case that we are too mean, too stupid, too racist, too homophobic, and now too transphobic (among many other failings) to be trusted with power.  Meanwhile, the Republican establishment, including presidential candidates John McCain and Mitt Romney, preferred being gentlemen losers to winning by using the same tactics as the Democrats.

"I will remember to my dying day the time when John McCain rebuked the use of Barack Obama’s actual name. From the Feb 28, 2008 New York Times:

 A conservative radio talk show host who helped introduce Senator John McCain before a rally here Tuesday used Senator Barack Obama’s middle name, Hussein, three times, while disparaging him, prompting Mr. McCain to apologize and repudiate the comments afterward.

Bill Cunningham, who hosts “The Big Show” with Bill Cunningham, a local program here that is also syndicated nationally, was part of a line of people lauding Mr. McCain and revving up the crowd before his appearance here before several hundred people at a theater here.)

"In contrast, President Trump likes winning, and is not bothered by the fear that someone might consider him vulgar or mean. And as the most successful reality television producer in the history of the medium, he understands how compelling the appearance of craziness can be. It’s not coincidental that he had celebrities like Gary Busey and Meat Loaf as cast members of Celebrity Apprentice." . . .

MSNBC Host: “We Are at War,” We’re Not Going to “Play Fair” to Put Trump in Jail

Ever recall episodes of "Law & Order" from the 2000's when they promoted MSNBC in actor's dialog? I recall one suspect's alibi being they were at home watching Tom Brokaw.

Legal Insurrection

Deutsch: “We may not have won the battle of impeachment, but we’re going to win the war of putting him in jail, whatever we have to do, and we’re not going to necessarily play fair”

"MSNBC host Donny Deutsch went on an astounding rant in which he shattered whatever remaining mirage of unbiased, nonpartisan objectivity the leftstream media clung to in hopes of winning over skeptical viewers.

"Deutsch said that “we” (presumably Democrats and their media lapdogs) are “at war” and should do “whatever we have to do” to put “him [Trump] in jail.”

"The Hill reports:

MSNBC host Donny Deutsch said Democrats should do “whatever we have to do” to remove President Trump from office because the party is “at war” with Trump.  . . .

. . . "Watching this raised ten kinds of red flags and alarms for me. Here we have a host on a major network declaring “war” on a duly-elected sitting president and effectively stating that there are no rules, no laws, no nothing too extreme in removing him from office and/or sending him to prison.  Anything goes in trying to take down President Trump.

Professor Jacobson’s insightful “the investigators need to be investigated” post included the following:

Whether Robert Mueller was a mere figurehead or in control, he was a participant. So while he was a sorry figure in the congressional hearings, and his appearance did substantial damage to Democrat and media plans, the gravity of what happened should not be lessened. It almost worked.

The media, of course, was a full participant in what happened. " . . .

 Democrats Beginning ‘Impeachment Investigation,’ Asking for Grand Jury 
Information  . . . "The Democrats also decided to move forward as the left turned against Mueller after his testimony. He did not provide any new information, came off as lethargic and forgetful, and told Congress over 200 times to refer to his report instead of answering questions.

"Dan Balz wrote in The Washington Post that the Democrats can only beat Trump by winning the 2020 election. The New York Times had a podcast that discussed how the lawmakers wanted a political showdown, but Mueller “resisted.” . . ."

All emphases in the original.

Rep. Henry Cuellar: Democratic Caucus As A Whole Has Not Decided To Move Forward On Impeachment
"They are such a mess, they can’t get their act together. And this guy has more sense than most. That’s why the Justice Dems want to primary him."

Beauty queen speaks the truth: ‘Coming out as conservative is harder than coming out as gay’

Lifesite News 

 "July 23, 2019 (LifeSiteNews) — When a beauty queen was stripped of her Miss Michigan title because her old social media postings were deemed “offensive, insensitive and inappropriate,” she declared, “Coming out as a conservative is way harder than coming out as gay in today's society.”

"Kathy Zhu tweeted a screenshot last Friday of an email she had received from the pageant’s governing organization, explaining that her title had been revoked after tweets had been discovered concerning her “refusal to try on a hijab.”

“ 'The Miss World America Organization strips conservative activist Kathy Zhu of her Miss Michigan title for refusing to wear a hijab and ‘insensitive’ social media posts,” read a tweet by Fox & Friends First." . . .

. . . "“It is honestly sad that the left refers to statistics and facts as racist and insensitive,” Zhu said in a statement to The Independent, UK. 

“I am very glad that I now have the opportunity to speak out about the unjust treatment of conservatives,” continued the University of Michigan student.  

"Zhu, who was just old enough to vote in the 2016 Presidential election, also appeared in a YouTube video titled “Why this 18-year-old is voting for Donald Trump.”

"Zhu is 100 percent correct. I should know; I’ve done both.  

"I agree with Zhu: Coming out as conservative is far harder than coming out as gay. I should know; I’ve done both.  

"I “came out” as gay after my wife and I divorced in the late 1990s. I was amazed at the acceptance I experienced. No one condemned me or my predilections.  

"My experience “coming out as a conservative” to other gays, lesbians, and my liberal neighbors and colleagues, on the other hand, was often exceedingly unpleasant. 

"As I began forming friendships with other gay men in the Washington, D.C. area, one thing quickly became very clear to me: I had better keep my political and social opinions to myself. Or else.

"When I began dating a man who was related to a powerful Republican member of the U.S. House of Representatives, he felt obligated to disclose the fact up front as if it might be a deal-breaker. I felt sorry for him: The look on his face was pained, as if he were confessing some unforgivable crime. He was astounded when I congratulated him and told him I thought his cousin was one of the best men in Congress. " . . . 

Pin The Male And The Honky

"I have a better idea. Let’s reject the ideas of incompetent Marxist feminists who distort history in an effort to advance failed visions."

Mike Adams   "Dr. Kimberly Cook, a Sociology and Criminology professor at UNC Wilmington, has written an op-ed piece that ostensibly seeks to explain the high rates of “violence in low-income communities” in our hometown of Wilmington, North Carolina. 
Under normal circumstances, I ignore political screeds written by my Marxist colleagues. However, this recent op-ed is so mired in intellectual incompetence and academic dishonestly as to require a column-length response.

"Cook begins her op-ed by saying that “As a criminologist, (she) can offer some insights into this persistent problem (of violence in low-income communities).” By reminding people she is a criminologist she seeks to establish credibility. But she destroys her credibility in the next sentence by adding that, “arrest and incarceration exacerbate the problems” she is addressing.

"When Cook eschews incarceration, she draws no distinction between petty offenses such as drug possession and more serious crimes of violence such as murder, which have been on the upswing in Wilmington’s low-income neighborhoods. Hence, her suggestion that arresting people and incarcerating them would be detrimental raises some serious red flags. Were I the editor of our local Wilmington McTimes, I probably would have passed on Cook’s request to publish her “expert” commentary." . . .

. . . "While the nation is experiencing rapid economic growth, we are also seeing the lowest black unemployment rates in decades. There has been no downward shift in economic opportunity, which would explain the sudden uptick in crime in lower-income Wilmington neighborhoods.

"Fortunately, Cook does recognize - at least at some level - how the crimes of her fellow Democrats have affected our community. She states that “Still, our community remains wounded by historical harms of racialized violence (the violence of slavery; the 1898 coup and massacre).” For those not from Wilmington, the 1898 massacre was a political coup perpetrated by white supremacist Democrats against black Republicans. But it has absolutely nothing to do with current rates of violence in poor black communities." . . .

Not On A Roll: The Left Is Coming For Our Toilet Paper

MRC  "Toilet paper is “worsening climate change” according to the National Resources Defense Council (NRDC). Especially if it’s “the pillowy soft kind.”

"The organization recently tweeted out this information, which caught the attention of American Thinker and other websites." . . .

. . . "So, they want you to avoid Charmin (maybe because it was recently ranked the #1 toilet paper?) because time is running out.

I guess they haven’t visited the Canadian Natural Resources website which claims:

Less than 0.3% of Canada’s forests are harvested annually.Less than 0.02% of Canada’s forests are deforested each year.100% of forests harvested on Canada’s public land must be successfully regenerated.

. . . "3 rolls a week for EACH American? Seems, uh, a little high. This may be a factor in their calculations.

"If you desire to make your own calculations based on your personal toilet paper use, you can. Thankfully, the NRDC website provides a link to a paper calculator by the Environmental Paper Network." . . .

Did they get this info from CNN?

Jerry Seinfeld, Ricky Gervais 'Fight for the Right to Joke About Anything' vs. PC Police

MRC  "In the latest season of Netflix's Comedians in Cars Getting Coffee, released July 19, Ricky Gervais joined Jerry Seinfeld for two episodes. During this time, they reflected on the nature of comedy in today's easily offended culture that isn't so convinced about free speech. Ironically enough, they also told a joke that is making headlines for, you guessed it, being offensive. 

"First, the "controversy." Early in the third episode, "China Maybe? Part 1," Ricky shared with Jerry that he loves New York, and Jerry makes a joke. It's two comedians in a car together with a camera on them, so that seems fairly predictable, right? What was interesting was that they're immediately aware that, although the joke was meant in fun, they would be excoriated for it on the internet and even discussed editing it out of the episode."  . . .

. . . They knew people would comment and take the joke out of context, but they went for it.

Ricky Gervais doesn't really care much what the mob thinks, anyway. Over the past few days, he's been taken to task for standing up for women who refuse to wax the testicles of trans women. Seriously. Actually, he very much enjoyed NewsBusters' own coverage of the story. 

"Pretty funny how life is aligning perfectly with the show, isn't it?"

Pelosi on AOC: ‘We Don’t Have That Many Differences’

Ian Macfarlane

National Review  "House speaker Nancy Pelosi downplayed her differences with progressive freshman congresswoman Alexandria Ocasio-Cortez after a private meeting Friday.
“It went very well,” Pelosi said. “I don’t think we have that many differences.”
"Pelosi said they did not discuss Ocasio-Cortez’s recent remark suggesting the speaker was singling out female colleagues of color for criticism.
"“I have meetings with members all the time,” Pelosi told reporters. “We covered a range of issues in our conversation particular to the congresswoman’s committees.”
"The apparently amicable meeting comes after a tiff earlier this month between Pelosi and Representatives Ocasio-Cortez, Rashida Tlaib, Ilhan Omar, and Ayanna Pressley, the four progressive first-term congresswomen of color nicknamed “the Squad.” The dispute started after the four voted against an emergency border-aid bill brought to the floor by leadership, saying they wanted to see more protections for migrants in the measure.
“ 'All these people have their public whatever and their Twitter world,” Pelosi said after the bill passed. “But they didn’t have any following. They’re four people, and that’s how many votes they got.” . . .

Kathy Griffin and the Consequences of the Politics of Stupidity

"It turns out that taking a page from ISIS to make a point about the president is a bit too much to stomach for even many of the angriest Americans."

'toons added by TD

PJ Media  "In the days, weeks, and months following Donald Trump's election and inauguration, liberal America took its collective mind, threw it in a Vitamix, and poured it down the toilet. It has been lost and floating around in a sewer of rage ever since.
"One of the more notable Trump Derangement Syndrome meltdowns back then was publicly offered by comedian Kathy Griffin, who infamously posted a picture of her with a mock, blood-covered, severed head of President Trump.
"The stunt was so beyond the pale that even the notorious Trump-hating execs at CNN severed the network's professional relationship with her. She also lost an endorsement gig with "Squatty Potty," and the world is probably a better place for it.
"The Los Angeles Times recently ran a profile on Griffin, detailing her professional woes of the past couple of years, as well as promoting a new documentary about her travails.
"Griffin paints a pretty bleak picture of the treatment she is getting from Hollywood these days:

“I’m still totally blacklisted,” she said the other day, sitting in a red dress and taking stock of how a woman who starred on Bravo’s “My Life on the D-List” fell precipitously to the “S” list. “No agency will touch me. No network will touch me. No streaming service will touch me. Nobody. And yet, I’m an earner. I’ve made them all money, and I’ll make them money again. I have to dig myself out of this hole.”

"Although Griffin's old show said she was on the "D-List," her career has actually been a pretty good one.
"And even though she says she has been "totally blacklisted" she is booking and being paid for live gigs. Still, she was a much hotter commodity before her stunt and the professional effects are enduring:" . . .

2017: Crybully Kathy Griffin Tries to Become a Victim of Her Sick Photo Shoot
. . . "This is what the double standard of the Left looks like. Attack someone, receive some pushback (like all your upcoming jobs canceling on you) and start crying that you're the victim of a hate campaign. If I didn't know better, I would think that Griffin was a paid provocateur meant to take down the entire leftist movement. She has done more to rip the mask off the beast than anyone in the history of politics. Good job, Kathy!" . . .

Mueller Sticks the Final Shiv in Russiagate

National Review  "Ding-Dong! The witch hunt is dead!

"After nearly three years, Russiagate is lifeless, and Special Counsel Robert Swan Mueller III killed it.

"The former FBI director’s stumbling, stammering appearances Wednesday before the House Judiciary and Intelligence Committees provided a rare moment of bipartisanship. Democrats and Republicans were shocked to see the Vietnam War hero, Purple Heart recipient, and veteran federal lawman as adrift as a helium balloon in a hurricane as he struggled to answer many questions about the Mueller report and dodged others. Thursday’s New York Post summed it up: “Bumbling Bob Bombs.”

"Early on, Mueller called the president “Trimp.” Congressmen reminded him six times to speak into the microphone. He looked lost while navigating a three-ring binder stuffed with his eponymous missive’s 448 pages. Mueller asked 48 times for questions to be repeated and evaded 198 queries. Passages of Mueller’s report sounded like breaking news to him. Late in the day, he grasped fruitlessly for a synonym for “collusion” for 28 seconds until Representative Peter Welch (D., Vt.) suggested “conspiracy.” This word should roll like a tater tot off any G-man’s tongue.

“ 'Much as I hate to say it, this morning’s hearing was a disaster,” Harvard Law professor and Trump foe Laurence Tribe conceded via Twitter. “Far from breathing life into his damning report, the tired Robert Mueller sucked the life out of it.” Obama’s campaign strategist David Axelrod simply said, “This is very, very painful.”

"Gaffes aside, the substance of Mueller’s statements shot holes into his own report, like Al Capone emptying a machine gun." . . .

Ex-Host Krystal Ball: MSNBC’s Russia ‘Conspiracies’ Have Done ‘Immeasurable Harm’ to the Left

The Daily Beast

“Russia conspiracy was great for ratings among the key demographic of empty nesters on the coasts with too much time on their hands,” she said.

A former longtime MSNBC anchor lashed out this week at her former employer over its coverage of the Russia investigation.

"In a Thursday segment on The Hill’s online streaming service, Krystal Ball, the former host of MSNBC’s now-cancelled midday show The Cycle, admonished the network for its incessant coverage of the Russia investigation. 

“ 'MSNBC built segment after segment, show after show on building anticipation for a big reveal when we would learn the true depths of Trump's fealty and direct conspiracy with Putin,” she said." . . .