RUTHFULLY YOURS

Robert Mueller has plenty of questions for President Trump, and maybe he will get to ask them. Most of them seemed like perjury traps rather than real questions for the president and, surprisingly, they contain very little that wasn’t in the public domain though prior leaks. In other words, the president is not a target because they have nothing implicating him, and so they want to use the interview to create such material.

But the conduct of the investigation by the special counsel and his team has raised a lot of questions as to its foundation, conflicts of interest, fairness and methods. Most of the public, based on the last Harvard Caps-Harris Poll, supports Robert Mueller going forward with his investigation, but I wonder whether that would still be the case if he were required to answer a few questions himself.
When you interviewed for FBI director with President Trump, had you had any conversations with Deputy Attorney General Rod Rosenstein, FBI Director James Comey or any other current or former officials of the U.S. government about serving as a special counsel? Didn’t you consider going forward with the interview or being rejected as FBI director to create the appearance of conflict?

When you picked your team, what was going through your mind when you picked zero donors to the Trump campaign and hired many Democratic donors, supporters of the defiant actions of Sally Yates, who at the time was deputy attorney general, and prosecutors who had been overturned for misconduct? What were you thinking in building a team with documented biases?

When you were shown the text messages of FBI officials Lisa Page and Peter Strzok, why did you reassign them and not fire them for compromising the investigation with obvious animus and multiple violations of procedure and policy? Why did you conceal from Congress the reasons for their firing for five months and did you discard any of their work as required by the “fruits of a poisonous tree” doctrine?

What were your personal contacts with Rod Rosenstein and James Comey during the investigation as special counsel and before that as a private attorney? Would you be considered a friend of James Comey? Would that personal relationship not disqualify you as a prosecutor on the case under Justice Department guidelines?

The Justice Department should not permit the president to be interrogated on so paltry and presumptuous a showing.

I am assuming the authenticity of the questions that Special Counsel Robert Mueller reportedly wants to ask President Trump. The questions indicate that, after a year of his own investigation and two years of FBI investigation, the prosecutor lacks evidence of a crime. Yet he seeks to probe the chief executive’s motives and thought processes regarding exercises of presidential power that were lawful, regardless of one’s view of their wisdom.

If Bob Mueller wants that kind of control over the executive branch, he should run for president. Otherwise, he is an inferior executive official who has been given a limited license — ultimately, by the chief executive — to investigate crime. If he doesn’t have an obvious crime, he has no business inventing one, much less probing his superior’s judgment. He should stand down.

The questions, reported by the New York Times, underscore that the special counsel is a pernicious institution. Trump should decline the interview. More to the point, the Justice Department should not permit Mueller to seek to interrogate the president on so paltry and presumptuous a showing.

When should a president be subject to criminal investigation?
It is a bedrock principle that no one is above the law. The Framers made clear that this includes the president. But, like everything else, bedrock principles do not exist in a vacuum. They vie with other principles.

Two competing considerations are especially significant here. First, our law-enforcement system is based on prosecutorial discretion. Under this principle, the desirability of prosecuting even a palpable violation of law must be balanced against other societal needs and desires. We trust prosecutors to perform this cost-benefit analysis with modesty about their mission and sensitivity to the disruption their investigations cause.

Second, the president is the most essential official in the world’s most consequential government. That government’s effectiveness is necessarily compromised if the president is under the cloud of an investigation. Not only are the president’s personal credibility and capability diminished; such an investigation discourages talented people from serving in an administration, further undermining good governance. The country is inexorably harmed because a suspect administration’s capacity to execute the laws and pursue the interests of the United States is undermined. Naturally, this is of little moment to rabid partisans who opposed the president’s election and object to his policy preferences. By and large, however, Americans are not rabid partisans; they want the elected president to be able to govern, regardless of which party is in charge.

Ronald Reagan famously quipped that the trouble with liberals “is not that they’re ignorant. It’s just that they know so much that isn’t so.” Reagan’s words aptly describe former President Barack Obama. Obama was an intelligent, well-educated, articulate man. He could woo crowds with soaring rhetoric and pacify True Conservative™ “intellectuals,” like David Brooks (who voted for Obama partly on the basis of the perfect crease in his trousers).

Obama was not only a scion of the American political class, he was also a new kind of leader: the first black president in history and one of the youngest.

With Obama, though, we were getting an incredibly manipulative individual who bought into the most dangerous and destructive left-wing academic theories. Obama was the ultimate “intellectual-yet-idiot.” Examples of his folly are plentiful, but there are perhaps no better illustrations of the disconnect between Obama’s intellectual prowess and his practical political judgment than the disastrous Affordable Care Act and the terrible nuclear agreement with Iran. Both were highly controversial, very unpopular, deeply secretive, and painfully naïve. They were also, it turns out, extremely harmful to the American people who voted for Obama.

Obamacare Fail
Obama believes in socialized medicine, more or less. Most Americans, even many Democrats, never would have supported a scheme that was honest about aiming toward that end. So just as Obama’s healthcare policy adviser (and former architect of the failed “Romneycare” plan in Massachusetts), Jonathan Gruber argued, Obama had to lie to the American voters about what his plan actually entailed.