Mueller Investigation Is Making A Wrong Turn Acting Like A Desperate Investigation!

JimofPennsylvan

Platinum Member
Jun 6, 2007
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The direction that many people suspect the Robert Mueller independent council investigation is heading is really bad for America. If Donald Trump committed serious major breaches of the law the independent council should prosecute him and Mr. Trump should lose the Presidency and go to jail but if Mr. Trump just committed technical violations and/or if the independent council in order to prosecute Mr. Trump has to come up with theories that reasonable people can disagree with than he shouldn't bring charges against Mr. Trump. Mr. Mueller's duty as an independent prosecutor and for any prosecutor for that matter is to use prosecutorial judgment which means that he or she is not to be just a rules enforcer but rather he or she is to enforce the rules or laws in the context of preserving and promoting the various elements of the common good in our society! In the instant case this requires Mr. Mueller to keep in mind that he is dealing with bringing criminal charges against the President of the United State such an act will at minimum harm the President in doing his job as President in taking up his time and energy dealing with such charges and if the charges cause the removal of the President from office Mr. Mueller will have thwarted the will of the citizens of America in their selecting the person they want to be President. Using good prosecutorial judgment in such a case means charges should only be brought against the President for truly serious and clear cut violations of the law!



Exercising good prosecutorial judgment here calls for Mr. Mueller making decisions like he would not be bringing obstruction of law charges against President Trump for firing Mr. Comey. Mr. Comey's decision to hold a Press Conference announcing no charges against Hillary Clinton for mishandling classified information and at that same conference saying that the evidence indicated and I am paraphrasing here that Ms. Clinton was irresponsible with the handling of such documents severely damaged public confidence in the criminal justice system amongst the American public at least significantly amongst Republicans in America. Further, Mr. Comey ten days before the election announcing he was reopening the criminal investigation against Ms. Clinton without justification interfered in the Presidential election raising the possibility in some voters' mind Ms. Clinton would be removed from office because of the commission of a crime. These Mr. Comey's acts were reprehensible beyond words and were beyond the pale Mr. Comey deserved to be fired "per se" for such performance. Similarly, obstruction of law charges for Mr. Trump concocting a false story about his son meeting a Russian lawyer in Trump Tower for the purpose of getting dirt on Hillary Clinton the lawyer was supposed to have received from the Russian government is too much of a stretch for such charges what father wouldn't help his son come up with an innocuous explanation when the son did such a completely stupid thing!



Some of the other criminal pursuits that violate good prosecutorial judgment would be pursuing campaign finance law violations for friends, lawyers and/or such of Mr. Trump paying people to enter into confidentiality agreements to not disclose sexual encounters with Mr. Trump. If I was on a jury and I consider myself a reasonable and fair person and a defense attorney argued the defendant paid that money to the participant in the sexual encounter for that person's silence about the encounter not to protect the candidate Trump but to protect the married-man "CEO" Trump who was CEO of a corporation that managed and sold the most opulent and aspirational hotels and condominium, that is, to protect the Trump brand I would be persuaded and I would cast my jury vote that it was not proven that it was a campaign contribution in-kind! A prudent prosecutor should also draw the conclusion that considering human nature this issue probably has and/or will come up many times where a friend or the like of a candidate or a sitting elected official paid a person that had a sexual encounter with the politician as part of a confidentiality agreement or the like and it was not recorded as a campaign contribution (wasn't President Kennedy involved in such a matter with an agent of the East German government's intelligence service?) and if the legislature wants this behavior to be a crime they can explicitly make it so in a statute; if I was a member of Congress I would vote just the opposite people have a right of privacy sexual encounters are private matters payments to keep such encounters confidential are not campaign contributions in kind they are reasonable actions taken to uphold a person's right of privacy!



As the independent council, Mr. Mueller has done an outstanding and highly admirable job especially from the standpoint that he has been just doing his job not stepping out into the media spotlight making this, that and the other comment to make himself look good, he has brought and maintained integrity in the justice system. The latest development in the investigation could really tarnish his record as independent council why did Mr. Mueller have to go after Donald Trump's lawyer, Michael Cohen, like he did with the search warrants. A lawyer's relationship with his or her client is sacrosanct in our society, that is the great thing about America, America is a country of rights where rights are upheld and the lawyer-client relationship is shielded to facilitate the upholding of those rights. This is especially so for Presidents our country doesn't need candidates for President having to worry about if I run for office and win I have to be concerned about aggressive prosecutors going through my lawyers records it will deter good candidates from running for the Presidency. Frankly this whole Mr. Cohen journey the independent council investigation has shamefully lowered the quality of America's justice system. What did Mr. Cohen do? He paid a porn star $130,000 which he got from a home equity line of credit for a confidentiality agreement about a one night stand she had ten years ago with President Trump. Now the independent council wants to pursue campaign finance law charges, bank fraud charges and wire fraud charges against Mr. Cohen over this. This would be hysterical if it wasn't so pathetic and sad for a federal prosecutorial team to be acting so irresponsible even a decent law school student could rip this effort to shreds for the effort is so thin. A high quality prosecutor would have never in a million years pursued and executed a search warrant on Mr. Cohen taking into custody all his legal records and thereby undermining the lawyer-client relationship in America! What such a prosecutor would have done is bought Mr. Cohen and his lawyer into the office and said to them we know what you did with the $130,000 and the confidentiality agreement our major concern on this is that we as prosecutors cannot ignore that you violated America's tax laws here this wasn't a legitimate business expense legally it was a gift to Mr. Trump we want to treat this as a typical tax law violation you pay the taxes you owe you pay the penalty and it will be over we won't even bring criminal charges over this we will be treating you like any other American we had found to have done such acts! And then the Michael Cohen matter would become the smallest of footnotes in American history like it deserves to be!
 

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