RUTHFULLY YOURS

Robert Mueller was appointed to investigate Russian collusion back in May. A new year is upon us.

The warm May temperatures have been replaced by a deep freeze and snow is falling in Tallahassee. But after blowing through around $7 million and putting on an exciting show of surprise raids, gag orders, leaks and the varying pleas and indictments; Mueller still hasn’t produced a single collusion indictment.

It’s much easier to pick Manafort’s lock than to prove Hillary Clinton’s conspiracy theory.

What Mueller did was harass a bunch of already shady characters into pleading guilty on minor charges, some, like lying to the FBI, created by his own investigation. All he had to do was get his team of Obama and Clinton supporters in front of Obama and Clinton judges who would rubber stamp anything.

And the grand jury allegedly looked like a “Bernie Sanders” or “Black Lives Matter” rally with some participants wearing left-wing shirts. There wasn’t a single white male among the 20 jurors. That’s a convenient way to screen out likely Trump supporters and bring in likely Trump opponents.

Blatantly rigging it to a low bar is an admission by Mueller and his team that their case is too weak for prime time. Even now Manafort is suing the DOJ. His lawsuit may go nowhere, but the odds are good that Mueller’s tactics and evidence won’t stand up to serious scrutiny. That’s what happened with key Mueller team member Andrew Weissmann’s assault on Arthur Andersen. It’s also been happening to Preet Bharara’s more recent takedowns of top New York political figures. This is how political prosecutors score fast headlines and fame. It’s not how they win enduring victories in a court of law.

And so Mueller is talking about indicting Manafort again. It’s been done already. And even the media can only pay so much attention when like an aging rocker, Mueller lip syncs to his greatest hits.

Despite all the media cheerleading, Mueller can’t get too close to Trump without his rigged investigation being subjected to serious scrutiny that it can’t withstand. Getting lefty judges and a lefty grand jury to give you whatever you want may fly with the vulnerable and isolated targets he’s been going after.

Governor Andrew Cuomo began his 2018 State of the State address 19 years to the day—and hour—that Kendra Webdale was pushed to her death in front of a subway train by Andrew Goldstein, a man with untreated serious mental illness. Before Cuomo finished his speech, something similar had happened again: mentally ill Andrew Cordero pushed Jacinto Suarez onto the subway tracks in Brooklyn. Suarez, too, died. Kendra’s death led to the adoption of Kendra’s Law, which empowers judges to mandate treatment for the mentally ill who are a danger to themselves or to the community. The death of Jacinto Suarez should lead to further reforms.

While Cuomo didn’t mention Webdale or Kendra’s Law, he did talk about mental illness and the homeless. “Homelessness is on the rise in our cities and worse than ever before,” the governor said. “It pains me personally to acknowledge this reality.” As well it should: Cuomo’s unapologetic embrace of the long-standing bipartisan policy of closing state psychiatric hospitals is increasing both homelessness and incarceration.

The governor recounted his own history on the issue, recalling that he headed Mayor Dinkins’s homeless commission in 1992. I arranged for parents of the seriously mentally ill to testify before that commission. The parents wanted New York to adopt policies that would allow them to get care for their seriously mentally ill children before they became a danger to themselves or others. Cuomo rejected their pleas, siding with the mental health establishment, which has never been willing to take responsibility for the most seriously ill. As Cuomo wrote in the commission’s report, “The Commission considered and rejected a lowering of the standard for involuntary institutionalization as . . . inappropriate and unnecessary.” He noted that sick people could be sent to state hospitals “for months” to be stabilized. But during his tenure as governor, he has closed state psychiatric hospitals, effectively taking that option off the table.

The governor spoke eloquently about the plight of people incapable of taking care of themselves. “While we aggressively protect an individual’s civil liberties, we believe in helping people in need.” Leaving the sick to “fend for themselves is not progressive, charitable or ethical or legal.” Cuomo emphasized the need for more outreach, proclaiming that “some jurisdictions say case law prevents them from helping mentally ill street homeless. If that is their excuse, they should tell us what law stops them from helping sick homeless people and we will change the law this session.” But the governor is being disingenuous: the changes needed are the same ones that Democrats have refused to support in the past, and that he blocked when he headed the mayor’s homeless commission. These proposals have been made multiple times in recent years by State Senator Catharine Young, and more recently were included in the campaign platform of Assembly Member Nicole Malliotakis when she ran for mayor of New York City.