RUTHFULLY YOURS

Editor’s Note: The following is a memo crafted by the author as it ought to be written to Special Counsel, Robert Mueller from the two Judiciary Committee chairmen in Congress.

If only . . .
From: Charles Grassley – Chairman, Senate Judiciary Committee & Bob Goodlatte – Chairman, House Judiciary Committee

To: Robert Mueller – Special Counsel, Department of Justice

Subject: Oversight of your office
As our committees consider the Justice Department’s budget request to authorize appropriations for the department’s many activities for the upcoming fiscal year, we try to understand those activities’ scope and efficacy, focusing especially on ones that raise questions with the public. Making well-informed judgments regarding funding and legislative guidance of departmental activities under our purview is our constitutional responsibility. We are confident that you, having been a valuable partner in this exercise of that responsibility during your years as director of the FBI, will answer these questions, because they are essential for the Congress and the public’s understanding of what your office is doing and not doing.

The deputy attorney general established your office to “to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities” specifically about “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump…” .

If we read this correctly, you are to report to the nation’s chief law enforcement officials about their “duties and responsibilities.” The duties and responsibilities of the Department of Justice—correct us if we are mistaken—can only be the enforcement of the laws of the United States.

We hope that you will forswear any investigation not pursuant to the underlying crime, if any, specified in your appointment order, and can assure you that our committees will make sure that no funds authorized by us can be used for such purposes.

This being the case, would you enumerate for us the laws of the United States which you believe “individuals associated with the campaign of President Donald Trump” may have broken, who these “individuals” may be, and the “probable cause” for so believing in the possibility of their violation, that suffices as basis for investigating them or anyone else regarding “links and coordination “with “the Russian government.”

The Deputy attorney General’s establishment order also contains the anodyne words “any other matters that arose or may arise from the investigation.” To understand what these words mean to you, we must ask: For you to investigate any person, what relationship need there be between that person’s activities and any violation of a U.S statute related to that person’s “links and/or coordination between the Russian government…”? Since the Department of Justice’s purview stops at the edge of politics, what do you believe that these words do not authorize you to “inform or consult” about in a prosecutorial manner?

So I’ve been wondering: Why on earth does a prosecutor, brought in to investigate a case in which there is no apparent crime, need a staff of 14 lawyers?https://amgreatness.com/2017/06/21/muellers-empire-legions-lawyers-bottomless-budget-limitless-jurisdiction/

Or, I should say, “14 lawyers and counting.” According to the press spokesman for special counsel Robert Mueller—yeah, he’s got a press spokesman, too—there are “several more in the pipeline.”

Concededly, none of Mueller’s recruits requires Senate confirmation, as do Justice Department officials—notwithstanding that the former may end up playing a far more consequential role in the fate of the Trump administration. But does it seem strange to anyone else that, by comparison, the president of the United States has managed to get—count ’em—three appointees confirmed to Justice Department positions in five months?

A special counsel, the need for whom is far from obvious, has in just a few days staffed up with four times the number of lawyers. And all for a single investigation that the FBI has described as a counterintelligence probe—i.e., not a criminal investigation, the kind for which you actually need lawyers.

The way this is supposed to work is: the Justice Department first identifies a likely crime, and then assigns a prosecutor to investigate it. Here, by contrast, there are no parameters imposed on the special counsel’s jurisdiction. Mueller is loosed—with 14 lawyers and more coming—to conduct what I’ve called a “fishing expedition.”

Oh, and about those three Justice Department appointees: One of them, Attorney General Jeff Sessions, has already recused himself from the investigation in question—the department’s most high profile undertaking. Another, Deputy Attorney General Rod Rosenstein, is reportedly weighing whether he, too, should bow out. Perhaps he figures he has already done quite enough, having sicced a special-counsel investigation on the Trump Administration by flouting both the regulation that requires a basis for a criminal investigation before a special counsel is appointed, and the regulation that requires limiting the special counsel’s jurisdiction to the specific factual matter that triggers this criminal investigation.

The way this is supposed to work is: the Justice Department first identifies a likely crime, and then assigns a prosecutor to investigate it. Here, by contrast, there are no parameters imposed on the special counsel’s jurisdiction. Mueller is loosed—with 14 lawyers and more coming—to conduct what I’ve called a “fishing expedition.” But it is actually worse than that, as sagely observed in these pages by my friend John Eastman, the Claremont Institute scholar and former Chapman Law School dean. Mueller’s probe is the functional equivalent of a general warrant: a boundless writ to search for incriminating evidence. It is the very evil the Fourth Amendment was adopted to forbid: a scorch-the-earth investigation in the absence of probable cause that a crime has been committed.

For now, Mueller appears utterly without limits, in his writ and in his resources. As the ease with which he has staffed up shows, it is not hard to recruit lawyers. All you need is money. Mueller has a bottomless budget, thanks to a bit of Treasury Department chicanery known as “permanent, indefinite appropriations.”

Under the Constitution’s Appropriations Clause, no funding is supposed to be paid out of the treasury unless Congress has approved it in advance. Under the Framers’ design, with an eye toward limited, accountable government, every spending initiative must compete with every other one when Congress enacts a budget. Lawmakers must decide what we can and can’t afford when they draw on what is supposed to be the finite pot of money confiscated from taxpayers. We are supposed to know what we are underwriting and what it will cost.

John Eastman, law professor at Chapman University, writes in American Greatness this week that the powers invested in Special Counsel Mueller to investigate “Russian hacking/collusion/obstruction poses grave dangers to our body politic and our liberty.” His advice to President Trump: Fight fire with fire. Turn the law and the courts back on your opponents. Trump is being investigated without any probable cause of a crime. The Obama administration, in contrast, is a target-rich arena of criminal activity.

It is unconstitutional to issue a search warrant when there has been no crime and there is no probable cause. But that is exactly what President Trump’s DOJ has inflicted on the president and his team with Mueller’s special investigation. It was not just cowardice, but folly for the DOJ to buckle to the left-wing media’s hysterical insistence to investigate our president’s alleged collusion with the FSB.

According to Professor Eastman:

The special counsel will not to track down the details of a crime known to have been committed and determine “who dunnit,” but will scour the personal and business affairs of a select group of people – the President of the United States, members of his family, his business associates, and members of his presidential campaign and transition teams – to see if any crime can be found (or worse, manufactured by luring someone into making a conflicting statement at some point). This is not a proper use of prosecutorial power, but a “witch hunt,” as President Trump himself correctly observed. Or, to put it more in terms of legalese, this special prosecutor has effectively been given a “writ of assistance” and the power to exercise a “general warrant” against this select group of people, including the President of the United States, recently elected by a fairly wide margin of the electoral vote.

That is the very kind of thing our Fourth Amendment was adopted to prevent. Indeed, the issuance of general warrants and writs of assistance is quite arguably the spark that ignited America’s war for independence.

Professor Eastman suggests fighting fire with fire, prosecution with prosecution.

In the late 1700s, the newly independent republic of the United States was continually beset by piracy at sea from four Muslim Barbary Coast states: Algiers, Tunis, Tripoli, and Morocco. The U.S., with limited military resources and staggering debts from the War for Independence, sought to establish secure routes for international commerce to spur rapid economic growth needed to build the emerging country. Yet the U.S. faced constant Ottoman attacks on its merchant ships. American and European ships venturing into the region routinely faced capture of crewmembers, who risked being held as slaves until hefty ransoms were paid. The persistent Barbary pirate raids created a major crisis for a new nation that could not afford to either suffer from economic isolation or pay the exorbitant tributes demanded by the pirates.

In Thomas Jefferson and the Tripoli Pirates (Sentinel, 2015), coauthors Brian Kilmeade and Don Yaeger explore “the forgotten war that changed American history.” In an action-packed thriller that aptly captures the time, place, politics, and circumstances, the authors chronicle the crisis leading up to the Barbary Wars and their triumphant aftermath.

The authors begin their chronicle with 1785, when the American merchant vessel, the Dauphin, was intercepted off the coast of Portugal by an Algerian cannon-equipped vessel, suffering the same fate as many ships of the day venturing near the Barbary Coast. Together with the crew of the schooner Maria, captured the same year, the sailors were shipped off to Algiers to spend years or their entire lifetimes in slavery under the Ottomans.

Kilmeade and Yaeger explain that North African coastal states sustained their fiefdoms by routinely sending off ships to cruise the east Atlantic and Mediterranean looking for prey. For centuries, ships had been attacked in international waters and had their crews and cargoes held for ransom, even those belonging to the great naval powers of the day, France and Great Britain. Rather than fight the pirates, these countries preferred to pay annual tributes to purchase safe passage for their vessels.

John Adams and Thomas Jefferson, then respective American ambassadors to Britain and France, were confounded by the Muslim practice of attacking a nation outside the context of war and absent an identifiable threat. To understand the problem and negotiate a reasonable solution, Adams visited the office of Tripoli’s envoy to Great Britain in London, who welcomed him with great hospitality. When the Tripolitan ambassador, Sidi Haji Abdrahaman, returned the visit a few days later, Adams perceived him as “a benevolent and wise man” with whom the United States could conduct business.

Sharing his positive perceptions and plans to broker an arrangement with Abdrahaman for safe passage of U.S. merchant ships, Adams invited Jefferson to join him in negotiations. Much to their mutual surprise, Abdrahaman unreasonably demanded exorbitant sums of gold for himself and informed the statesmen that additional sums would be required to buy peace with Tunis, Morocco, and Algeria.

Both Adams and Jefferson registered astonishment at the excessive tribute amounts and inquired how the Barbary States could justify “[making] war upon nations who had done them no injury.” The Tripolitan ambassador declared that “all nations which [have] not acknowledged the Prophet were sinners, whom it was the right and duty of the faithful to plunder and enslave.” Kilmeade and Yaeger describe the two founders as being “horrified by the [envoy’s] religious justification for greed and cruelty.” Exhibiting no remorse or regret, the Tripolitan further explained that “every mussulman who was slain in warfare was sure to go to paradise.”

Interestingly, Jefferson had read the Koran while in law school, been perplexed by its values, and dismissively relegated a spot for the Muslim holy book next to his collection of Greek mythology. Kilmeade and Yaeger point out the irony of Jefferson, author of “all men are endowed by their Creator with certain unalienable rights,” being confronted by the stark reality of Islamic doctrine.

“Corrupt motive” is an extraordinarily vague and open-ended term that can be expanded or contracted at the whim of zealous or politically motivated prosecutors. It is bad enough when this accordion-like term is used in the context of economic corruption, but it is far worse – and more dangerous to liberty – when used in the context of political disagreements.

In political cases – especially those not involving money – the act itself is constitutionally protected, and the motive, which is often mixed, is placed on trial. It becomes the sole criteria for turning a constitutionally authorized political act into a felony.

Corrupt motive is in the eye of the beholder, and the beholder’s eyes are often more open to charges of corrupt motives on the part of their political enemies than their political allies.

My academic and political colleagues who insist that President Trump has obstructed justice point to his allegedly “corrupt motive” in firing former FBI Director James Comey after telling him that he “hoped” he would end his investigation of General Michael Flynn. They concede – as Comey himself did – that the President has the constitutional authority to fire the director and to order him to end (or start) any investigation, just as he has the authority to pardon anyone being investigated. But they argue that these constitutionally authorized innocent acts become criminal if the President was “corruptly motivated.”

This is a dangerous argument that no civil libertarian should be pressing. Nor would they be pressing it if the shoe were on the other foot. If Hillary Clinton had been elected and Republicans were investigating her for asking the Attorney General to describe the investigation of her as a “matter” rather than a “case,” my colleagues would be arguing against an expansive view of existing criminal statutes, as they did when Republicans were demanding that she be locked up for espionage. The same would be true if Bill Clinton or former Attorney General Loretta Lynch were being investigated for his visit to her when she was investigating his wife’s misuse of email servers.

“Corrupt motive” is an extraordinarily vague and open-ended term that can be expanded or contracted at the whim of zealous or politically motivated prosecutors. It is bad enough when this accordion-like term is used in the context of economic corruption, but it is far worse – and more dangerous to liberty – when used in the context of political disagreements. In commercial cases where corrupt intent may be an element, the act itself is generally not constitutionally protected. It often involves a grey area financial transaction. But in political cases – especially those not involving money – the act itself is constitutionally protected, and the motive, which is often mixed, is placed on trial. It becomes the sole criteria for turning a constitutionally authorized political act into a felony.

What do you do after being held in contempt of Congress in two separate presidential administrations while having the blood of police officers, a border patrol agent and more young black men than you can count?

You run for president.

More than two years after leaving the Obama administration, former Attorney General Eric Holder is reentering the political fray.

His goal: to lead the legal resistance to Donald Trump’s agenda — and perhaps even run against the president in 2020.

If every drug dealer and gang member in America voted, President Holder would be a reality.

“Up to now, I have been more behind-the-scenes,” Holder told Yahoo News in an exclusive interview about his plans. “But that’s about to change. I have a certain status as the former attorney general. A certain familiarity as the first African-American attorney general. There’s a justified perception that I’m close to President Obama. So I want to use whatever skills I have, whatever notoriety I have, to be effective in opposing things that are, at the end of the day, just bad for the country.

And he’s humble and modest too. As a man who belongs in prison ought to be.

Holder has a “certain status” and a “certain familiarity”. There’s a “justified perception” that he has regular beers summits with his former boss who now controls the party.

Open question. Did Holder actually mean notoriety or is he illiterate?

But the most intriguing — and perhaps most consequential — aspect of Holder’s ambitious new effort is a scheme, still in its early stages, to create a national, privately funded, PAC-like organization that would develop and coordinate legal resistance strategies among various states and localities that are determined to stymie Trump.

For now, Holder will continue to set the stage in California. (Earlier this month, the state Assembly decided not to renew his $25,000-a-month contract; the state Senate, however, plans to retain his services indefinitely.)

The “Resistance” will be brought to you by the slimy trail of left-wing cash.

http://www.frontpagemag.com/fpm/267063/trump-slayer-ossoff-flames-out-matthew-vadum

Republican Karen Handel easily beat back Democrat boy wonder Jon Ossoff in yesterday’s special election in Georgia’s 6th congressional district, touted as the most costly congressional race in American history.

Handel becomes the first female Republican elected to Congress from Georgia as Democrats’ effort to throw a wrench in President Trump’s already slow-moving legislative agenda fails rather spectacularly.

“Thanks to everyone who breathlessly and snarkily proclaimed #GA06 as a “referendum on POTUS @realDonaldTrump,” Trump advisor Kellyanne Conway tweeted. “You were right. #winning[.]”

President Trump tweeted his congratulations to Handel “on her big win in Georgia 6th. Fantastic job, we are all very proud of you!”

He added, “Well, the Special Elections are over and those that want to MAKE AMERICA GREAT AGAIN are 5 and O! All the Fake News, all the money spent = 0[.]”

The defeat of 30-year-old Ossoff in suburban Atlanta was a crushing blow to Democrat hopes of taking back the longtime Republican seat and thereby giving the Trump Resistance movement a major psychological boost as the Russian electoral collusion conspiracy theory investigation against President Trump fails to gain any new traction. President Trump bested Hillary Clinton by only one percentage point in the district this past November, leading some pundits to describe Georgia-6 as an establishment Republican district.

Ossoff’s campaign spent $22.5 million, compared to Handel’s $3.2 million, according to reports. That is a ratio of 7 to 1 in favor of the Democrat. Despite not being a resident of his district, a fact Handel ably capitalized on, Ossoff took in almost nine times more donations from California than from Georgia. One media analysis indicated a mere 3.5 percent of Ossoff’s donations from late March to the end of May came from within the state. Celebrity endorsements from entertainers Samuel L. Jackson, Chelsea Handler, Alyssa Milano, and John Leguizamo couldn’t save Ossoff. Nor could donations from traitor Jane Fonda, and actors Sam Waterston, Kristen Bell, Connie Britton, Jessica Lange, Lynda Carter, Rhea Perlman, or Jon Cryer get Ossoff across the finish line.

Although it wasn’t the kind of double-digit blowout Republicans are accustomed to in a district that until a few months ago had been represented by Health and Human Services Secretary Tom Price, it still wasn’t even close.

Handel defeated Ossoff by about 52 percent to 48 percent in the runoff election. Ossoff’s percentage last night was roughly the same as the 48.12 percent he earned in the 18-way “jungle primary” contest on April 18, suggesting a huge money advantage and favorable saturation media coverage are not decisive factors in electoral politics in the Trump era.

Only the mainstream media treated the special election in the reliably Republican district as a hotly contested race that could go either way. In the end, it was all hype. The countless polls showing Ossoff ahead as Democrats struggled to turn the race into a kind of national referendum on President Trump were worthless, just like the polls that showed Hillary Clinton would defeat Trump last November.

After all, the 6th congressional district of Georgia has been Republican since Newt Gingrich took it in the 1978 election. The district garners a rating of R+8 on the Cook Partisan Voting Index, also called PVI. The PVI measures how strongly a district or state leans Republican or Democratic compared to the nation as a whole by comparing the district’s average Republican or Democratic share of the two-party presidential vote in the preceding two presidential elections to the nation’s average share of the same. So R+8 means the district is 8 percentage points more Republican than the nation as a whole.

Despite their oft-repeated claim that the public is fed up with President Trump and strongly anti-GOP, Democrats haven’t succeeding in flipping any congressional seats in the five special elections held so far this year. Not even one. If there is a powerful undercurrent threatening to deprive Republicans of control of both chambers of Congress in the 2018 midterms it has yet to surface.

As expected, Jimmy Gomez (D) won the June 6 election in California’s 34th congressional district after Xavier Becerra (D) left to before the state’s attorney general. In the Kansas 4th, Ron Estes (R) won the April 11 election after Mike Pompeo (R) resigned to become CIA director. On May 25, Greg Gianforte (R) won Montana’s at-large seat after Ryan Zinke left to become secretary of the interior.

There was also a less closely observed special election yesterday in the 5th congressional district of South Carolina to fill the seat vacated by Republican Mick Mulvaney, who became director of the Office of Management and Budget in February.

Republican Ralph Norman received 51.1 percent of the vote there, defeating Democrat Archie Parnell who received 47.9 percent of the vote.

President Trump tweeted, “Ralph Norman ran a fantastic race to win in the Great State of South Carolina’s 5th District. We are all honored by your success tonight!”

The South Carolina race, like the race in Georgia, wasn’t much of a contest at all. The district was rated R+9 by the Cook Partisan Voting Index though it hasn’t been a GOP stronghold for as long as Georgia-6.

In 2010, Mulvaney defeated incumbent John Spratt, a Democrat, becoming the first Republican to represent the district since freedman Robert Smalls in 1875. Smalls became a Civil War hero when he freed himself and his crew by commandeering a Confederate transport ship and surrendering it to federal forces.

Now that Karen Handel and Ralph Norman have slammed more doors in the faces of the Resistance, expect the Left to come up with new mischief in their efforts to neutralize Donald Trump as president.

For nine months in 1916, the French and German armies battled with insane ferocity over a small patch of land in Northern France, committing over two million soldiers, spending the lives of over 300,000 men (and more than that wounded) and at the epicenter of the battle, pouring millions of shells (literally over a ton of explosives) on an area covering about twelve square miles. The Battle of Verdun was about control of a modest piece of strategically useful territory, but it was really about a lot more: two national combatants testing their strength, resources, and resolve, stakes far more important than an individual town or ridge. Virtually every inch of land that was fought over was destroyed. The victors, the French, held nothing more than what they started the battle with, and their army was broken so badly it has not yet recovered a century later. The losers, the Germans, lost the war.

The residents of Georgia’s Sixth Congressional District can be forgiven for feeling like the villagers of Verdun after a special election that pulverized the district with ad spending and activists. Patrick Ruffini estimated on Twitter this morning that the two parties combined to spend more money in this House race ($50 million) than Ronald Reagan spent on his 1984 presidential re-election (even adjusting Reagan’s $28 million campaign for inflation). At this writing, given the projected outcome, the net result looks very much like Verdun: a costly and depressing victory for the Republicans, bled white defending their own turf, and a debacle for Democrats, who came home empty-handed and must be able to win districts like GA-06 if they are to take control of the House in 2018 and carry out their chief policy goal of impeaching President Trump.

GA-06 was always going to be a heavy lift for both sides. For Democrats, the obstacles were obvious: it’s a deeply conservative district, Newt Gingrich’s old district, that Mitt Romney won 61-38 in 2012, where then-Congressman Tom Price was regularly re-elected with ease. Their candidate, Jon Ossoff, is young and looks younger, had no real base of support in Georgia (the vast majority of his donors were out of state), and doesn’t even live in the district. His opponent, Karen Handel, was much better-known: she was first elected to office in the district fourteen years ago, previously won statewide office as Secretary of State, ran respectable races for Governor in 2010 and Senate in 2014, and won national notoriety in 2012 over her ultimately unsuccessful effort to separate a national cancer charity from Planned Parenthood.

For Republicans, the race was difficult because this is probably the least Trump-friendly Republican district in the country, an upscale, educated suburban district full of transplants from around the country who work for big multinational corporations headquartered in Atlanta. Trump won it by just a point, running double digits behind Romney, and his approval ratings are well lower now than even his dismal favorability numbers on Election Day. Trump lost just four counties in the state in the 2016 presidential primary, but three of those four (Fulton, Cobb, and DeKalb) make up GA-06, all of which went for Marco Rubio. Trump’s worst counties in Georgia in the primary:

DeKalb: Rubio 41, Trump 25
Fulton: Rubio 42, Trump 27
Clarke: Rubio 35, Trump 27
Cobb: Rubio 35, Trump 31

In November as well, Trump ran poorly in these counties compared to incumbent Senator Johnny Isakson – his worst counties in the state relative to Isakson:

Fulton: Isakson -23, Trump -41
Macon: Isakson -12, Trump -27