As many know, there are sources all over the place stating that the Mueller report is imminent, that it could (should?) be released by next week, and possibly as early as this week. It appears that Mueller’s team wants the report in before Trump goes overseas to meet with North Korea.
I am sitting here watching MSNBC with a pit growing in my stomach. Chris Hayes just had his Justice Department analyst state that the “tea leaves” suggest that Roger Stone is the last big indictment coming.
WTF?
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Okay, everyone, please — let’s take a giant breath and gather ourselves. Me first. Okay ….ahhh, ...okay.
As many here know, I normally write something that let’s my freak fly a bit, but this isn’t the time. I am hoping that I can walk myself — and thus y’all — through this in a way that prepares me for anything, including that there will be no more indictments.
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First, we simply must trust in Mueller until we see solid reasons to not do so.
Why? I know many of you are highly skeptical of power, and skeptical that power is ever held to account for itself, and this would lead one to doubt Mueller already.
But, still, let’s just not. The man has over forty years prosecuting very bad people on behalf of us, “the people.” He also headed up the FBI for twelve years, his first days on the job happened to fall in late September ...2001.
I suspect that this man, a man who could have made high six, low sevens, in private practice, but instead chose to “settle” with public service in federal prosecution, did so because he genuinely cares about the rule of law, and by extension, this nation. I refuse to believe that he isn’t more than willing to burst the Trump bubble with breathtaking headline accusations.
And he has seen all the evidence.
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We have not.
But, even were we to see all the evidence, we might come to different conclusions than Mueller, for the simple reason that bringing an indictment and prosecuting a case entails analyzing far more than “Is this a bad guy or not?”
It has to do with evidence, the laws available, the likelihood of being able to prove what he may or may not know.
So, there are many reasons to think that Donald Trump is a Russian asset sitting in the Oval Office, yet will skate without a formal indictment or a recommendation on impeachment.
Truly, the single worst outcome of the Mueller investigation is that he charges a crime, and then cannot prove it to a jury. THAT is far worse to the long-term health of this nation than no indictments. Repubs will NEVER forget he went after them.
And that sucks, but it just fking “is,” okay?
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There is another thing to consider beyond normal prosecutorial discretion. There is a doctrine in the law known as “the political question doctrine.” It is a little subtle, but go with me a second. The political question doctrine arises rarely, but when it does it is for big cases, cases that Judges want no part of because it is just purely a political question (fittingly) that makes judges really uncomfortable.
The most obvious example of something falling under the “question” doctrine is — ironically — a case that wasn’t ruled to be a political question, but should have been. Bush v. Gore.
They should have immediately punted it back to Florida to settle. State electoral voters, state political problem. Should have been, but I guess the prize was just too big.
But there’s your example, for the sole reason being that I am not going to take up time to find a real one. You get the point.
Mueller could find that his evidence is not of the type that can properly be put before a judge, and instead needs to go straight to the public, to Congress.
Which sucks. But it just fking “is” okay?
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Other considerations for those of us who look at Trump and just know that the jackass has committed felonies routinely since he was 22 years old.
Perhaps the easiest criminal cases are the financial ones currently overseen by the S.D.N.Y. Mueller farmed those out to the SDNY for a reason. I believe it might be because Mueller saw the drumbeat to destroy his reputation (witch hunt, angry Democrats), knew he didn’t have rock solid evidence on Russia, and did NOT want it to appear that he simply grabbed an “easy” issue all to ensure he “got Trump” in the end.
IOW, he doesn’t want to be seen as another Ken Starr, who wandered so far into the wilderness he passed the goats, all because he damn sure was going to prosecute something.
Mueller might have wanted those cases to be “pure.” Maybe. But, regardless of his motivations, it is highly likely that the Mueller report, either way, is not the end of Donald Trump’s criminal exposure.
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Congress.
There is enough evidence in the public domain to take him down, it just needs to be presented correctly. Perhaps just snippets of Mueller’s evidence will suffice, to cinch it.
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Sealed indictments.
The Stone indictment might be the last big one because there are indictments already set, filed, ready.
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History.
I am not even talking “deep history.” I am talking “history” that will begin minutes after the report is “released,” whether indictments come, or not.
Donald keeps saying he is weary of a “witch” after him, when really, he ought to be more afraid of history, being a bitch.
Shit is going to leak our for the next 20 years. It will be brutal. Republicans will have to eat it all.
How do I know history will indict him? Because one doesn’t just blow off “Russian interference” because “Vlad promised” without a reason. That reason may be so buried in the Kremlin that it always laid just beyond Mueller’s grasp.
There are signs everywhere that some people want to talk but are holding back now.
That sucks, but it just fking “is,” okay?
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Which leads me to an element that gets near no attention, but matters.
WE are not the “only” nation concerned that there might be a Russian asset in the White House. Even if WE cannot prosecute him, doesn’t mean there is not evidence out there that implicates Trump.
NATO.
Just an example here. NORAD stands for North American defense, it is not just a “U.S.” mission. No, Canada is an equal partner. NORAD has been headed-up by a Canadian officer in the past. How friggin’ comfortable to you suppose Canada will be with a possible Russian asset sitting side by side with them as a partner.
Perhaps the most indicting evidence won’t come from our intelligence services, which have to navigate the fact that they work for the “President.”
Sucks that we might not be able to take care of our own, but it just …
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Why are we preparing? Why do I caution now against getting depressed? For one, up until 10 minutes ago, I was absolutely positive there was NO WAY that a person could spend 2 years looking at Trump, with all the intelligence available to one with the keys to the FBI and NSA and NOT come up with crimes, and a conspiracy that just so obviously “is,” right?
So, I’m calming myself down.
But also, whether or not the report shoots through the atmosphere like a meteor, sending ripples all over the globe, our job remains the exact same. Whether or not Trump is prosecuted, or even just “exposed” as a criminal, we must do all we can to A) minimize his power, staying on Congress and public opinion, B) Make DAMN sure that he isn’t re-elected in 2020 (which may entail a little discipline here in keeping the pie fights OUT of this place, we’re all going the same direction anyway), and C) Make sure this can never happen again.
That’s our job, and it just “is,” but it doesn’t suck.
It is liberating. In the end, WE will decide the direction of this nation, one way or another. Trump has never eclipsed 50% approval. WE are the majority, and WE will win in the end, we just “will,” okay?
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Breathe.
We know what must be done, one way or another.
No panicking.
It is time to think, hard, because whatever ends up happening, it’ll only happen if well-thought out.
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Oh, almost forgot.
If you were in charge of investigating the president, and had a case that would bring the government down, thrown into chaos, would you want any indications leaking beforehand? Or would you want that same president and government feeling kinda’ good about it?
Just a thing.
Keep it in the back of your mind.
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And love one another, okay?
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I appreciate the tremendous support I’ve gotten in the last few days, and we’re looking at release of the sequel to this novel, soon. If you want to sink into a better world, sort of, and lots of pretty stars in reviews, check this out, and escape — briefly, ‘cause you’re needed here. See above.