(See Just Above Sunset: Trusting the Truth)
Contrary to popular opinion, I think Bob Mueller did, in his vague and taciturn way and through logical deduction, clarify what at least Trump opponents needed clarified. In fact, unless Congress decides there is more it needs him to say about certain classified matters behind closed doors, I no longer see the necessity of subpoenaing him.
Contrary to popular opinion, I think Bob Mueller did, in his vague and taciturn way and through logical deduction, clarify what at least Trump opponents needed clarified. In fact, unless Congress decides there is more it needs him to say about certain classified matters behind closed doors, I no longer see the necessity of subpoenaing him.
What Mueller clarified:
(1) First, something I wish Mueller had stated out loud, for everybody to hear, back before his investigation got started — that, because of DOJ policy prohibiting an indictment of a sitting president, we should not anticipate that this probe will end up charging Trump with any crimes, even in a sealed indictment that would be unsealed after he leaves office. Had Mueller made that clear from the beginning, he would have made it impossible for Trump to claim the report vindicated him.
(2) And second, if they thought they had evidence that definitely cleared him, they would have said so, and since they didn’t do that, it’s just possible Trump is guilty of something that they can’t charge him with.
(3) And yes, the ”legal" authorities don't have jurisdiction over whatever wrongdoing Trump did, if anything, (and this runs counter to so-called White House thinking, such as it is) but the “political" authorities in Congress, under the Constitution, do have jurisdiction!
And as for the “legal” matters, this all leaves open the question of what might happen to Trump after he leaves office. For that, we’ll just have to wait and see.
As for some saying Mueller’s statement is a "referral to impeach”?
Yes, it is, but that doesn’t mean Congress has an obligation to do it if they don’t think they have the votes in the Senate to convict.
Too often, we tend to confuse the “political horse race” with “political principles”, usually by our yielding priority to the horse race, but this is one of those rare cases where many are arguing that we should stand by our principles, whether or not that does damage to whatever cause it is we’re fighting for.
In this case, maybe Congress should consider making the point that the president is playing loosey-goosey with America’s values by censuring him, but only if they think they can get the votes in the Senate. Maybe later, if he hasn't gotten the message (and assuming we have the votes), we can always impeach.
In this case, maybe Congress should consider making the point that the president is playing loosey-goosey with America’s values by censuring him, but only if they think they can get the votes in the Senate. Maybe later, if he hasn't gotten the message (and assuming we have the votes), we can always impeach.
I do sort of favor the idea of just launching “inquiries” into impeachment, if that would help enforce subpoenas, but in any event, it's Congress's call if they think it would do more harm than good, and on this, I trust Nancy Pelosi’s judgment more than that of those who would rush to impeach, such as the Trump campaign, Charles Blow, and dare I say it, even my wife. (Please don’t tell her I said that.)
But there’s one more thing we have learned from all of these recent events, possibly without yet realizing it:
You know that phrase we often hear, that “In America, nobody is above the law, even the president”?
It's just not true. The president of the United States, at least when he’s in office, is untouchable by the law. The law can’t charge him with a crime, can’t arrest him, apparently can’t stop him from doing anything he feels like doing, and the law can’t remove him from office.
Someday, when we get around to it, we’ll have to find the time to do something about that.
Rick
