RUTHFULLY YOURS

Well is he, or isn’t he?

Almost everything in a counterintelligence investigation is classified. And much of what goes on in a criminal investigation is secret, kept confidential by investigators and prosecutors. But there is one thing that need be neither classified nor otherwise concealed from the American people: the status of the president.

Is the president of the United States the subject of a criminal investigation?

If he is not, then the Justice Department and special counsel Robert Mueller owe it to the country to say so. There is no reason to be coy about it. In fact, because a president under criminal suspicion would be crippled, his inability to govern detrimental to the nation, it is imperative to be forthright about his status.

Instead, political games are being played and the public is forming an impression — which I strongly suspect is a misimpression — based on semantics. There is no guaranteed outcome in an investigation, but the government should not be able to keep from us the precise nature of the investigation when it involves the president and when the fact that there is an investigation has already been disclosed publicly.

We’ve been told that the main investigation, the one that deputy attorney general Rod Rosenstein has appointed special counsel Mueller to conduct, is a counterintelligence investigation. That is what former FBI director James Comey revealed (with the approval of the Justice Department) in House testimony on March 20:

I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government’s efforts to interfere in the 2016 presidential election and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia’s efforts. (Emphasis added.)

In appointing Mueller on May 17, Rosenstein issued an internal Justice Department order stating:

The Special Counsel is authorized to conduct the investigation confirmed by then-FBI Director James B. Comey in testimony before the House Permanent Select Committee on Intelligence on March 20, 2017, including (i) any links and/or coordination between the Russian government and individuals associated with the campaign of Donald Trump[.]

Thus, to the extent it involves the president, the investigation announced to the public is a counterintelligence probe. That matters because it would mean the president is not a criminal suspect. A counterintelligence probe is not intended to build a criminal prosecution. It is intended to collect information. Its purpose is to uncover the actions and intentions of foreign powers to the extent they bear on American interests.

Corpus Christi Mayor Pro-Tem Lucy Rubio told the Corpus Christi Caller-Times that Judge Young Min Burkett has been placed on a 90-day leave of absence after it was discovered that the judge is not an American citizen. Rubio said that officials never asked Burkett during the qualification process whether she holds U.S. citizenship. She also claimed that Burket supposedly did not seek to deceive or misrepresent her status. Burkett’s nationality is unclear.

Burkett as judge has issued rulings from the bench. City attorneys have decided that her determinations are valid and lawful.

According to City Councilman Rudy Garza Jr., there was no question on the forms required to apply for the judgeship. The documents did, however, have a question as to whether the applicant was eligible for legal employment in the state. He said that Burkett is a permanent resident and eligible for lawful employment, he added. According to the Caller-Times, Burkett has been a lawful permanent resident since 2007.

However, according to a city ordinance, American citizenship is a requirement to be a municipal court judge. Garza, however, holds that it was the city that was in error, not Burkett and that she was not insincere or do anything dishonest.

“The error was a city error and we don’t feel Judge Burkett was insincere or did anything in her application or interview that led to any dishonesty on her part,” Garza said.

Burkett did not return phone calls Wednesday requesting comment. Her husband, Nathan Burkett, sent a message to the Caller-Times late Wednesday.

Husband Nathan Burkett wrote to the Caller-Times and noted that the job posting for which his wife applied only specified the ability to work in the country. He claimed that the judge never misrepresented her citizenship.

Mayor pro-tem Rubio, following a closed-door session on Tuesday, said that Burkett can use the 90 days’ leave to apply for American citizenship.

Deputy Attorney General Rod Rosenstein appointed Robert Mueller III, a former FBI director, to serve as special counsel overseeing the investigation of alleged ties between Russian officials and President Trump’s campaign. Mr. Rosenstein acted Wednesday evening in Attorney General Jeff Sessions’ stead, since Mr. Sessions had recused himself from any involvement in Russian investigation matters. Mr. Sessions did so because of his own contacts with the Russian ambassador to the U.S. while he was advising the Trump campaign. Deputy Attorney General Rosenstein briefed senators in a closed meeting on Thursday. Senator Lindsey Graham, Republican of South Carolina, said his take-away from the meeting was that what had started out as a counter intelligence investigation is “now being considered a criminal investigation.” As for the Trump-hating left and their lackeys in the mainstream media, they have already rendered a guilty verdict against President Trump for obstruction of justice without any credible facts to support it to date.

Mr. Mueller, a well-respected former federal prosecutor whose appointment was widely praised in Congress on both sides of the aisle, will have a broad investigatory mandate. He is authorized to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” as well as other matters that “may arise directly from the investigation.” With such authority, Mr. Mueller could explore such related issues as the circumstances behind the firing of James Comey as FBI director, conversations between Mr. Comey and President Trump, including any perceived efforts on President Trump’s part to influence the direction of any FBI investigation, and the unmasking and leaking of classified information pertaining to former national security adviser Michael T. Flynn.

Mr. Mueller will have free reign to call for a grand jury, issue subpoenas and decide whether to press criminal charges. His requests for all the resources he needs, on top of what the FBI already has in conducting its ongoing investigations, will almost certainly be honored. Moreover, Mr. Mueller, whose tenure as FBI director made him a popular figure with FBI career agents, will trust the FBI enough to piggyback on its findings rather than have to start from scratch.

President Trump’s initial reaction to the special counsel appointment was reportedly restrained. However, he complained in an early morning tweet on Thursday that he was being unfairly singled out for special counsel scrutiny. “With all of the illegal acts that took place in the Clinton campaign & Obama Administration, there was never a special councel (sic) appointed!” he tweeted. “This is the single greatest witch hunt of a politician in American history!” Maybe so, but Mr. Mueller’s appointment, which provides the Democrats and anti-Trump media the independent special counsel they have demanded, will give the Trump administration at least some breathing room to return to its policy agenda. That’s not to say that Democrats, their leftist base and Trump haters in the mainstream media won’t continue to raise the Watergate and impeachment banners, and try to put political pressure on Mr. Mueller to come out with findings that support their pre-determined verdict of guilty. Mr. Mueller’s reputation for integrity, and dispassionate pursuit of all relevant facts upon which to render an unbiased judgment, will be sorely tested.

President Trump’s many enemies calling for his head, in the media and political world, have zeroed in on the charge of obstruction of justice. They obtained ammunition in that regard from the alleged memo that former FBI Director Comey is said to have written following a one-on-one conversation he had with the president, in which Comey claimed President Trump had asked him to let go of the FBI’s investigation of Flynn. No doubt, Mr. Mueller will explore all avenues in gathering and analyzing facts that could possibly make out a credible case of obstruction of justice against the president and/or any of his aides. However, based on what is known publicly to date, nothing President Trump has done comes anywhere close to constituting obstruction of justice.

Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, wrote that if the Comey memo is “food for obstruction of justice, it is still an awfully thin soup.” The operative statute is Section 1503 of Title 18, United States Code. It forbids, among other things, “corruptly or by threats or force, or by any threatening letter or communication” influencing, obstructing, or impeding, or endeavoring to influence, obstruct, or impede, “the due administration of justice.”

The question is whether President Trump’s alleged request to Comey to let go of the Flynn investigation, or any other negative action or statement by the president with regard to the Russia investigation, constitutes actionable obstruction of justice. That would require proof of the president’s specific wrongful intent to “secure an unlawful benefit for oneself or another,” according to Professor Turley.

That the mayor of America’s largest city is planning to march with a convicted terrorist in next month’s Puerto Rican Day Parade illustrates a fundamental fact about the Left in America: From student activists all the way up to leading officials, not excluding the 44th president, they are willing to shrug off terrorism provided it has sufficient left-wing bona fides.

New York City mayor Bill de Blasio says he will march behind Oscar López Rivera, the convicted Puerto Rican terrorist who served 35 years in prison before President Obama commuted his sentence. Organizers of the parade, to be held June 11 on Fifth Avenue, say that not only will López Rivera lead it, but he will in a sense be designated the hero of the entire history of the celebration: He’ll be granted the title of “National Freedom Hero,” a designation never before bestowed on anyone.

López Rivera, an admitted leader of the 1970s Marxist terror group FALN, which sought independence for Puerto Rico under Communist leadership, was in 1981 sentenced to 55 years in prison, later increased to 70 as punishment for an escape attempt. After being arrested with six pounds of dynamite in his Chicago apartment and declaring at trial, “I am an enemy of the United States government,” he served a bit more than half of his sentence before Obama released him. Puerto Ricans have repeatedly voted against independence in a series of referenda, so López Rivera’s terrorist career amounted to killing innocent civilians — FALN carried out more than 100 bombings, including one at Manhattan’s landmark Fraunces Tavern in 1975 that killed four — to pursue a political goal not supported even by his fellow Puerto Ricans.

De Blasio this week shrugged at López Rivera’s hideous past.

“The organization he was affiliated with did things I don’t agree with, obviously, and they were illegal,” the mayor said at a press conference this week. “I don’t agree with the way he did it. But he did serve his time,” adding that López Rivera “renounced violence.”

He did? Here is what López Rivera, quoted in yesterday’s New York Times, said upon his release from a halfway house in Puerto Rico on Wednesday: “We are a colonized people, and according to international law, that says all colonized people have a right to struggle for its independence, using all methods within reach, including force.” (Emphasis mine.)

Worried about the public perception of pushing for the impeachment of President Trump less than four months into his presidency, Democratic Party leaders are warning their more excitable members to back off calling for Trump’s ouster.

The Hill:

Democratic leaders have a message for those members of their caucus beating the drum to impeach President Trump: not so fast.

“I would suggest … there needs to be a full investigation first,” Rep. Joseph Crowley (N.Y.), chairman of the House Democratic Caucus, said Wednesday. “We need to get to the facts, and let the facts lead where they may.”

In the eyes of several Democrats, however, the facts already lead to impeachment.

[…]

Rep. Maxine Waters (D-Calif.) spoke out at a closed-door House Democratic Caucus meeting Wednesday morning to highlight the urgency of removing Trump, whom the Democrats increasingly see as a national security liability.

Almost simultaneously, Rep. Al Green (D-Texas) took to the House floor to trumpet the impeachment call he’d sounded earlier in the week. He characterized his decision as a “position of conscience.”

It’s the first time in her long career that Rep. Waters has given a fig about “national security.” And Mr Green: Put a sock in it.

The impeachment debate is forcing Democratic leaders to walk a fine line in their approach to the ongoing Russia-Trump saga. On one hand, the Democrats want to keep the pressure on the White House and tap the energy the remarkable story is generating among members of their base, many of whom support the impeachment route. On the other, they don’t want to politicize their calls for an independent investigation.

“We have to be circumspect as we look at this tale of horrors,” said Rep. Emanuel Cleaver (D-Mo.). “Because we should not give the impression that we are obsessed with removing Donald Trump from office — it will only harden his supporters.

“Based on what I’ve read and heard, Mr. Trump is in trouble, and he doesn’t need any help to get into deeper trouble.”

Top Democratic leaders insist they’re not putting any pressure on their troops to shy away from impeachment calls.

“Members can come to their own conclusions, and we don’t pretend to stand here and speak on behalf of every single individual member of our caucus,” Crowley said.

The “case for impeachment” doesn’t exist — yet. What members have is a tissue of half-truths, unsubstantiated rumors, anonymously sourced reporting, and lots and lots of wishful thinking.

There has not been a shred of hard evidence — video or audio recordings, documents, eyewitness, first-person testimony, or anything else that would stand up in a court of law, much less the court of public opinion. CONTINUE AT SITE

Interest in Section 4 of the 25th Amendment is peaking. Multiple amateur constitutional scholars have advocated its use to remove President Trump from office, as an alternative to impeachment. But Section 4 is a tool for a different job. Its use under today’s circumstances has the potential to tear the country apart.

Section 4 is not a suitable substitute for impeachment. To be sure, impeachment sets a high bar: a majority in the House, then two-thirds in the Senate to convict and remove an official. Section 4 sounds easier: If the vice president and a majority of the cabinet declare the president “unable to discharge the powers and duties of his office,” the vice president becomes acting president.

Section 4 is a great solution if the president is missing or comatose, but a terrible one when he is conscious and in full control of his Twitter account. The first difficulty is that the president can contest the cabinet’s action. If he does, Congress assembles, debates and votes. Unless two-thirds of both House and Senate vote within 21 days to back the cabinet, the president retakes power. Because impeachment requires only a simple House majority, it is easier for the president to defeat a Section 4 action than to avoid impeachment.

Further, if the president loses a Section 4 vote, he is displaced only temporarily; nothing stops him from trying again. All he needs is the support, one time, of more than a third of either the House or Senate.

Some argue that impeachment is limited to high crimes and misdemeanors, making it inappropriate for the case of someone who is (as Mr. Trump’s calmer critics describe him) simply in over his head. But anyone who wields as much power as the president and who is grossly incompetent surely will have done something that rises to the level of an impeachable offense.

Section 4 is also horribly hazardous. The fatal flaw emerges from this passage: “When the President transmits . . . his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of [the cabinet] transmit within four days . . . their written declaration that the President is unable to discharge the powers and duties of his office.”

After reading that, who do you think holds presidential power during the four-day waiting period between the president’s declaration and the cabinet’s counterdeclaration? The answer is the vice president. The best reading of the text and the only reading of the crystal-clear legislative history is that the president does not immediately retake power.

Several intelligent but poorly informed commentators have gotten that wrong and said that the president would retake power immediately. A besieged president would have a tremendous incentive to look at the text, interpret it favorably to himself, and rally his supporters around that interpretation. He would assert that he had retaken power immediately and—showing his ability to discharge the powers and duties of his office—he would fire his disloyal cabinet and name more-agreeable allies as acting secretaries.CONTINUE AT SITE

Professional medical organizations have a simple guideline: It’s a bad idea for doctors to treat their friends or relatives. No matter how skilled, no matter how upright, a doctor who does risks losing his objectivity. The big question is whether this applies to Washington’s new scandal doctor, Robert Mueller.

In tapping Mr. Mueller as special counsel to look into Russia’s interference in the 2016 election, Deputy Attorney General Rod Rosenstein has certainly doused the political flames. Democrats were forced to tone down their chant for instant impeachment. Republicans were able to step back from the escalating headlines.

That’s because the new guy is as skilled and upright as they come. A Robert Mueller word-association game would go something like this: integrity, honor, respect, order, discipline, honesty, fairness. He is a decorated Marine, a Princeton grad, a respected federal prosecutor and a former FBI director. Mr. Mueller has tackled strongmen and terrorists, working under Republicans and Democrats. He has little use for the press or the limelight, which—in the current hysterical environment—is a singular qualification.

In short, nobody doubts Mr. Mueller will lead as professional an investigation as he is capable of conducting. It’s the “capable” bit that provides the one note of concern.

Mr. Mueller is no doctor. But he is part of the brotherhood of prosecutors. Justice Department attorneys have their squabbles and differences, but they count themselves as a legal elite, charged with a noble purpose. They largely keep their own counsel and aren’t much for outside criticism.

The FBI’s culture is even more famous and pronounced. Tens of thousands of special agents and staff from different backgrounds come together to protect the country from criminals and terrorists. Outside the military, no other Washington body rivals the FBI’s esprit de corps. CONTINUE AT SITE

A ranking Republican statesman this week told an off-the-record gathering that a “coup” attempt was in progress against President Donald Trump, with collusion between the largely Democratic media and Trump’s numerous enemies in the Republican Party. The object of the coup, the Republican leader added, was not impeachment, but the recruitment of a critical mass of Republican senators and congressmen to the claim that Trump was “unfit” for office and to force his resignation.

It’s helpful to fan away the psychedelic fumes of allegation and innuendo and clarify just what Trump might have done wrong. Trump will not be impeached, and he will not be harried out of office. But he faces a formidable combination of media hostility—what the president today denounced as a “witch hunt”—and a divided White House staff prone to press leaks. The likely outcome will be a prolonged dirty war of words that will delay Trump’s domestic agenda and tie down his loyalists with the chores of fire-fighting.

One thinks of Gulliver tied down by the Lilliputians. Trump was elected by campaigning against the Republican Establishment as well as Obama, ridiculing their policy blunders in Iraq and Afghanistan and questioning their credibility. In the flurry of personal attacks, the underlying policy issues have faded into the background, and that gives the initiative to Trump’s enemies.

Nothing that has been alleged, much less proven, about President Trump comes close to the threshold for impeachment, as Prof. Jonathan Turley of George Washington University’s law school explained in a May 17 comment in TheHill.com. Even if Trump asked then FBI Director James Comey to go easy on Gen. Michael Flynn, Prof. Turley notes, “Encouraging leniency or advocating for an associate is improper but not necessarily” illegal. The charge of obstruction of justice presumes that there is an issue before the bar of justice, but as Turley adds, “There is no indication of a grand jury proceeding at the time of the Valentine’s Day meeting between Trump and Comey. Obstruction cases generally are built around judicial proceedings — not Oval Office meetings.”

The appointment of the respected former FBI Director Robert Mueller as special counsel to look into allegations of Russian interference in the November 2016 election strongly suggests that the Trump team feels it has nothing to fear from a thorough review. In the case Trump’s detractors appear to be bluffing. Press reports of contacts between Trump’s campaign and Russian diplomats and businessmen appear to reflect the sort of conversations that every presidential campaign conducts with important foreign governments. It is not clear that Russia was responsible for the delivery of embarrassing Democratic National Committee emails to Wikileaks, moreover. Pro-Trump media report that a DNC staffer Seth Rich was Wikileaks’ source. Rich was murdered on a Washington street in July 2016, and a counter-conspiracy theory is circulating about his death.

Then there is the alleged leak of highly classified intelligence on the laptop bomb threat to airliners, of which Wall Street Journal editors intoned, “Loose Lips Sink Presidencies.” Exactly what the president told the Russians is under dispute, but the salient fact in the case is that presidents and cabinet members frequently leak classified information without prompting the condemnations that piled up on Trump. Obama’s then Defense Secretary Leon Panetta leaked the role of Pakistani physician Shakil Afridi in locating Osama bin Laden’s lair, and President Obama himself revealed that Seal Team 6 had killed Obama, making the unit a subsequent target for terrorists. Apart from inadvertent leaks, the Obama administration deliberately leaked British nuclear secrets to Russia, over bitter protests from London.

If you listen to breathless, Trump-loathing Democrats and their stooges in the liberal media, you would think President Donald J. Trump is the biggest traitor since Ethel and Julius Rosenberg sent Stalin the recipe for the atomic bomb.

As the Washington Post reported on Monday, President Trump met Russia’s foreign minister and its ambassador to Washington in the Oval Office on May 10. They discussed ISIS’s secret plans to detonate laptop computers aboard passenger jets. Trump said via Twitter Tuesday that he shared this intelligence — possibly from Israeli sources — because “I want Russia to greatly step up their fight against ISIS & terrorism.”

National-security adviser H. R. McMaster vigorously insisted on Monday that Trump did not do what the Left accuses him of doing, including revealing how and from whom America acquired details on ISIS’s laptop weapons.

“I was in the room,” McMaster said. “It did not happen.” He added: “At no time were any intelligence sources or methods discussed, and no military operations were disclosed that were not already known publicly.”

This story emerged after someone found President Trump’s handling of state secrets so worrisome that he or she blabbed those same secrets to the Washington Post. Go figure.

Despite the White House’s denials, Democratic volcanoes erupted afresh.

“Congress must immediately investigate this irresponsible action and take steps to ensure that Trump does no additional damage to U.S. national security in his dealings with Russia,” bellowed Senator Ed Markey of Massachusetts.

“I just think it’s part of a pattern of recklessness that we’ve got to get a handle on,” said Senator Martin Heinrich of New Mexico.

Representatives John Conyers of Michigan and Elijah Cummings of Maryland fumed in a joint statement: “After an unprecedented week in which many thought it would be impossible for President Trump to be any more irresponsible, he now may have sunk to a dangerous new low.”

According to the Washington Post’s Glenn Kessler: “Applause in the newsroom as the Russia-leak scoop breaks the Hollywood Access record for most readers per minute.”

But where were these Democratic and left-wing Krakatoas when Obama gave Putin the identity and whereabouts of Great Britain’s nuclear missiles?