There’s law and there’s politics. When it comes to Robert Mueller, the special counsel appointed to conduct the so-called Russia investigation, the Justice Department did politics. That is why the public discussion of Mueller’s status — including probably farfetched suggestions that President Trump is on the cusp of firing him — has so botched the law.
At this point, unfortunately, the law must accommodate politics. The alarm bells that led to Mueller’s erroneous appointment cannot be un-rung. But legal surgery needs to be done, lest Mueller’s amorphous mandate lead to Scooter Libby 2.0, or worse, another Iran-Contra epic — a fiasco that seemed to have a longer run than Phantom of the Opera.
Bottom line: Trump should not dismiss Mueller, but the Justice Department must revise the special counsel’s jurisdiction. Maybe this time, it could be conformed to, you know, the law . . . specifically, the law that limits special counsels to criminal investigations, not counterintelligence probes.
Before we get down to business, let’s clear away the underbrush.
Mueller’s Potential Conflicts of Interest
As elaborated on in this space before, Bob Mueller is as straight an arrow as they come; he is not right all of the time (is any of us?), but he is always ethical and patriotic. Like others, I worry about the ideological bent and potential for overzealousness of the staff he has assembled. But there is no doubting their legal acumen, and with Mueller calling the shots, I believe the Trump administration and the public will get fair treatment. This situation warrants attention, but not panic.
Similarly, too much is made of Mueller’s being pals with Jim Comey, the former FBI director who succeeded Mueller’s twelve-year run in that lofty post. Mueller is a pillar of Washington’s legal and political communities, which heavily overlap. If cordial relations with people in Washington circles is disqualifying, then good luck finding a high-quality special counsel if you ever need one (which we didn’t in this case, but that ship has sailed).