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2019-06-02 07:00 by Karl Denninger
in Corruption , 378 references Ignore this thread
Oh Look: Kunstler Nailed It
[Comments enabled]

Uh, yep.

You’d think that Robert Mueller might know what any licensed attorney-at-law in the land tells a client in a tight spot with a lame alibi: better keep you mouth shut. Instead, Mr. Mueller crept Sphinx-like out of the Deep State woodwork on little cat’s paws and in a brief nine minutes blabbed out a set of whopperish riddles much more likely to get himself in trouble than the target of his hinky inquisition.

The key whopper was that he could not make “a determination” on an obstruction-of-justice charge against Mr. Trump because guidance policy from the DOJ’s Office of Legal Counsel had said some years ago that a sitting president can’t be indicted. That is not what he told his boss, Mr. Barr, the Attorney General (and a roomful of the AG’s staffers who heard it), in person when he delivered his final report a few weeks ago.

Upon receipt of that report, Mr. Barr asked the Special Counsel three times whether his inability to conclude anything on an obstruction charge was due to the OLC guidance, and three times Mr. Mueller answered “no.” Mr. Barr relayed this on-the-record in testimony before the House Judiciary Committee and, as averred above, he has plenty of witnesses. It should not be hard to reach a determination on who is telling truth here.

Indeed, that is exactly the problem -- and the deflection.

Mueller also knows that if impeached it would be nearly impossible to then charge Trump on the same basis.  That is, having established "high crimes and misdemeanors" (whatever that is as Congress determines; that's how the Constitution works) there is a very clean argument to be made that irrespective of conviction in the Senate Trump cannot be tried again for the same alleged act -- double jeopardy prohibits it.

This shouldn't give old Donald much comfort, however, since there are also State AGs after him, specifically in NY.  I wouldn't be even slightly shocked to see them come after him personally once he departs office, whenever that is.  Further, even a pardon at the federal level doesn't help him with state allegations.

On the other hand if there's one place Trump can fight swamp-like, as he has for the last several decades, it's in NY.  So while the State has effectively unlimited resources so does Trump and in NY said legal Battle Royale would be likely to play out over decades before delays, deferments, trials and appeals are exhausted.  Who knows how that all comes out but at least he's playing in his own back yard.

The problem with charging someone, federally or otherwise, is that they are instantly entitled to all of the prosecutions alleged evidence they intend to introduce before the case goes anywhere.  If they fail to produce something they typically are barred from using it.  This is a serious problem; Mueller has a proved history of dirty pool, and so do the people he hired.

Who remember Ted Stevens?  He was prosecuted for taking over $100,000 in "free" work on his house.  A bribe, basically.

The problem was that the government knowingly submitted false accounting records in the trial -- and got caught.

Then came evidence that the government knowingly submitted false VECO accounting records to establish the proposition that employee David Anderson and others billed $188,000 for the renovations. The records had been used by the prosecution to show the amount of time and money spent on renovations to Stevens’ chalet—an important part of proving that Stevens had received a benefit.

At yet another hearing, Judge Sullivan said, “It’s very troubling that the government would utilize records that the government knows were false.”

Then it all blew up:

In November, Judge Sullivan received a letter from prosecution witness Anderson, who had worked on Stevens’ chalet. Anderson wrote that he falsely denied on the stand that he had an immunity deal with prosecutors in exchange for his testimony. He also claimed prosecutors left him in a room filled with confidential documents in an effort to coach him. Anderson also claimed Allen had a contract to have him murdered.

The Justice Department has vehemently opposed Anderson’s allegations.

Then came the kicker. On December 2, 2008, FBI Special Agent Chad Joy filed a whistleblower complaint stating that prosecutors tried to hide a witness and intentionally withheld evidence from defense lawyers. Joy further accused a fellow FBI agent of having an inappropriate relationship with Allen.

Where was Mueller during all of this?

Running the FBI; he had been in the job since 2001.

Does anyone seriously believe he wasn't fully in the loop on the prosecution of a sitting Senator?

C'mon folks.

But it gets better.  Mueller has now been caught editing what he claimed was a transcript (not a "paraphrase") of a call related to Flynn's defense in his actual report in such a manner to make it appear that Trump's attorney was engaged in obstructing the investigation.  The actual transcript and full context proves otherwise but was intentionally omitted from the report as the actual transcript makes clear in plain language that his attorney is not seeking any confidential information.

I think Kunstler has it nailed here, much as I've opined.  The last thing Mueller wants is an actual adversarial process where there is a functional duty to disclose, a target that has a ****-ton of money, as many very good lawyers as he wants at his command and the ability to cite the former willing blind eye to misconduct that Mueller has repeatedly displayed -- especially since this time he can't duck behind a "oh some subordinate did it" given that he wrote the report.

Nope, that will fall on him, personally.  And while it's damn hard to actually jail a prosecutor for misconduct you can destroy their reputation in an indelible manner or even get them barred from ever practicing law in any capacity anywhere, ever again.

So Mueller in fact wants impeachment -- even though he knows The Senate will not convict.

He wants it to save his own ass by having it serve as a bar on Trump being able to use the adversarial process after his Presidency to prove Mueller's intentional misconduct including his intentional editing of the report to cast false light on issues related to the matter of obstruction of justice.

It's not like Mueller hasn't done it before and gotten away with it, after all....

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User Info Oh Look: Kunstler Nailed It in forum [Market-Ticker]
Aztrader
Posts: 8343
Incept: 2007-09-10

Scottsdale, AZ
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Mueller wants to run and hide instead of testifying because the truth will come out and he will leave in handcuffs. This dirt bag is just as corrupt as the ones that manufactured the evidence to started this mess. He knew the evidence was tainted and kept on going with an investigation that should have died a quick death. The FISA warrant was illegally obtained and he knew it. For that alone, he should be indicted and prosecuted.
The last thing this crook wants is to be cross examined by the GOP. It would be quite entertaining watching him have a heart attack as their dug up the truth.
Stee_man
Posts: 22
Incept: 2011-12-08

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It's funny how many of them have shot off their mouths in ways that would ruin any case they try to make. They're not competent, and as Karl said, good attorneys would get it all thrown out.

It's hubris, and they love the limelight too much for their own good. Even Ruth Ginsberg couldn't resist making public comments that would later come back to bite her.
Comrader
Posts: 376
Incept: 2010-06-10

pa
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i'm sure that Mueller has FBI files on anyone thinking of prosecuting him. the way it sounds there aren't too many at the FBI or the DOJ with the ability to cast the first stone. those 500 FBI files that Hillary had in the 1990's are probably what saved her fat corrupt ass many times.
Cvdoc
Posts: 448
Incept: 2009-06-11

Washington, DC
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The fate of Attorney General William Barr, will seal the fate of America, for whatever happens to the Attorney General, will happen to America. His words recorded the necessity that Americans have to trust the system of government, or there will not be any nation at all.

There has been for sometime in the United States a continued manipulation of it's institutions by foreigners and the wealthy financiers to both degrade the United states financially, morally and as a race, in murdering off that race by contracted diseases and war.

William Barr's words are prophetic, as an American he is informing us that he is making his final stand. He expects not to survive this, and he expects his epitaph will toll an unflattering dirge for him. He seems aware that he is among the transitional men of history who will pay the ultimate price.

There are few of them left and only William Barr is still speaking out, despite the consequences.

The endgame is here. Hope it doesnt end with him dying of sleep apnea.

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Few men desire liberty; most men wish only for a just master.
Sallust
Themortgagedude
Posts: 11098
Incept: 2007-12-17

Saint Charles MO
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Could it be there are two patriots left in DC? Admiral Rogers and AG Barr.

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I think its time we ask ourselves if we still know the freedoms that our founding fathers intended for us. Ronald Reagan 1964
Elsrog
Posts: 42
Incept: 2012-07-11

New Jersey
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It seems there are plenty of people that know about the origins of the witch-hunt . the real question is there anyone willing to do something about it?
https://www.facebook.com/TheTrumpRepubli....
Tdurden
Posts: 765
Incept: 2015-01-29

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Either a lot of people spend a couple of decades or so in prison or the house and senate need to repeal FISA, the "patriot" act and every law against perjury or lying to any law enforcement agent. And that's just to start. None of those laws can be used responsibly.

I think O'Rourke summed it up best comparing giving power to government being about as smart as giving a bottle of Jack Daniels and car keys to teenage boys.


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"I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next 10 generations that some favors come with too high of a price." -Vir Cotto Babylon 5
Flash3200
Posts: 16
Incept: 2010-11-02

Dallas, TX
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Keep these insights coming. Literally no one else is covering these angles.
Mannfm11
Posts: 5491
Incept: 2009-02-28

DFW, Tx
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Are there more crooks any place on Earth than the DC bar? I'm ready to get my state out of this criminal cartel.

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The only function of economic forecasting is to make astrology look respectable.---John Kenneth Galbraith
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