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The Mueller Report NOT To Expect


                                                     
           

September 1, 2018

 

The Honorable Rod J. Rosenstein, Deputy Attorney General
United States Department of Justice, Washington, D.C.

 

          Re:  Final Report from the Office of Special Counsel

 

Dear Deputy Attorney General Rosenstein and Members of Congress,

          It is with great regret that I must issue this Final Report from the Office of Special Counsel announcing that we hereby close our investigation into Russian Interference with the 2016 Presidential Election with no finding of wrongdoing in this matter. I am sorry to say that after fifteen months of rigorous investigation by the nation’s premier team of criminal investigators and prosecutors, and at a cost of millions of dollars to U.S. taxpayers, our efforts were all for naught. Quite simply, we were stymied by the superior intelligence and cunning of Donald J. Trump and his campaign cohorts. In short, we failed.

          Specifically, while my team was successful at chasing down thousands of leads and obtaining some 19 indictments and five guilty pleas from individuals and companies who worked together to elect Mr. Trump, we were helpless to build a case proving their illicit actions really happened. Even with bank records, wire-tapped conversations, thousands of emails, and other incontrovertible evidence of their web of conspiracy to affect the 2016 election, we have decided to hang it up and call it quits without attempting to make a case to the American people, the task we were specifically assigned and sworn to carry out.

          While there is ample evidence that campaign staffers Michael Flynn, George Papadopoulos and Carter Page met with Russian operatives to discuss publishing materials meant to discredit candidate Hillary Clinton in exchange for a more favorable foreign policy toward Russia once the election was over (including changes to the RNC platform made at the behest of campaign manager Paul Manafort to benefit Russia in the Ukraine), we are stymied about how to prove said quid-pro-quo conspiracy so that rural voters and GOP Senators might comprehend it.

          Further, despite thousands of documents showing unreported illicit financial transactions and favors of influence between Russian oligarchs and Mr. Trump’s family, we were unable to connect the dots of collusion between Russia and the Trump campaign, even though the President himself is on public record asking for their help to smear Mrs. Clinton with illegally hacked emails, and even though the President’s son, son-in-law and campaign associates met and spoke repeatedly with Russian operatives in furtherance of their efforts to illegally obtain and release her emails, and even though Mr. Trump and family would have been the sole beneficiaries of said collusion to affect the outcome of the election.

          Moreover, while we have documented proof through emails, tweets and sworn witness testimony that Trump confidant Roger Stone personally engaged Julian Assange and the Russian hacker Guccifer 2, who went on to procure and release DNC and John Podesta emails to damage Clinton’s campaign only days after Stone predicted those events on multiple media outlets, we felt we had no choice but to accept his explanation that he was merely joking and the timing and specificity of his “jokes” was a coincidence. True, we could have called Mr. Stone to testify under oath and catch him in multiple changes in his story, but why bother? He said it was a misunderstanding and we have to take an upstanding man like him at his word. To have done less would have been a perjury trap.

          Similarly, the fact that the President attempted to obstruct justice by firing FBI Director James Comey and through other documented efforts to derail our investigation is simply beyond our capacity to prove in court. As you know, the President claims it was all a misunderstanding, and the American people would surely believe a sitting U.S. president with a 13% “honest and trustworthy” rating over contemporaneous FBI memos, the sworn testimony of multiple eye witnesses, and every single officer of the U.S. Department of Justice.

          I know you and the American people were hoping to find closure through our investigation. But frankly, the only way to do that would have been to put the key witness on the stand. And any effort to subpoena the President to testify under oath, as was done in Clinton v. Jones and upheld by the U.S. Supreme Court, would have been an unconscionable perjury trap and may have insulted the President’s feelings as well. No president of the United States can be expected to testify truthfully and get his multiple different stories straight under that kind of pressure.

          In all candor, it appears that Mr. Trump and his team of neophyte political amateurs were just too cagey and sinister for us. For that, and for all the negative press generated by the President’s disinformation campaign while we professionally and meticulously investigated this case out of the public eye as we were constitutionally charged to do, I humbly apologize. And if you’ll authorize it, I would like to testify in front of Congress so I may publicly clear the President’s good name and admit the folly of our partisan attempt to reverse his magnificent electoral mandate.

          Oh wait!… No, I take that all back. I don’t know what I was thinking. It was 2 in the morning and I was Ambien writing.

          We are still investigating. Further criminal indictments and referral for impeachment forthcoming.

Sincerely,

 

 

Robert S. Mueller III

(As dictated to Kevin Kelton, cohost, The More Perfect Union podcast)

Republican Snowflakes (Ep. 151)

This episode of the MPU podcast looks at comedian Michelle Wolf’s turn as the headliner at The White House Correspondence Dinner, dictator Kim Jong-un’s turn as a statesman in South Korea, President Donald Trump’s turn as a guest on Fox and Friends, and Bill Cosby’s turn as a convicted sex offender. Amazingly, the only one who came off well was Kim Jong-un! What does that say about the world we live in?

Don’t forget to check out OPEN FIRE POLITICS on Facebook.

Democrats Need Their Own MAGA

by Kevin Kelton

As we head into the 2018 midterm elections, it’s astounding that the national Democratic Party still has yet to formulated a coherent message to voters. While President Trump and the GOP rally around simple, bumper sticker messages like MAGA, Build The Wall, and Drain The Swamp, the Democratic party cannot form a coherent message that can appeal to both liberal voters on the coasts and midwest working-class voters. This was a critical failing of the 2016 Clinton campaign, and it will be just as damaging to Democrats going forward if the party doesn’t speak to the voters it needs to win.

Here’s a proposal for a simple, clear four plank Democratic platform to retake congress and the White House. I call it The Campaign for American Justice:

1) Healthcare justice — expanded, reasonably priced healthcare using a mixed economy approach with the goal of quality healthcare for all.

2) Economic justice — tax incentives and economic incentives to get private employers to raise wages and decrease the wealth gap; make higher education more accessible and affordable to all.

3) Social justice — working with courts and local authorities to promote racial justice and reduce violence. This includes smart gun laws and better police training to reduce accidental deaths.

4) Political justice — reducing the power of money in politics and increasing voter participation.

The overriding theme of justice was chosen because it appeals to Americans across ideologies and demographics. Instead of promoting specific programs like “medicare for all” or “guaranteed jobs” (both toxic ideas to free market conservatives), the focus should be on the goal of finding a range of bipartisan solutions to promote justice in healthcare, the wealth gap, racial and social issues, and politics.

Rather than insisting on one pre-measured legislative cure like single payer health insurance, Democrats would be better off to identify the problems we face as a nation and offer a variety of proposals to solve them. “Drain the Swamp” isn’t a policy, it’s a goal. So is “Make America Great Again.” Even the seemingly specific “Build a Wall” is a euphemism for the goals of a stronger border, cultural hegemony, and economic security.

People want to vote for ideas that reinforce the good in America. They don’t need a position paper on each issue with cost breakdowns and detailed legislative language. Tell them what you stand for, and give them a reason to stand for it, too.

And without saying it explicitly, a campaign for “American justice” suggests a counter-balance to the corruption and lack of candor that is the hallmark of the Trump White House. A subliminal message that Democrats will stand for a better America, a fairer America, a just America.

Whether it be the Campaign for American Justice or another theme, Democrats need to start branding their party now so voters fed up with Trumpism have something to vote for in November.

 

Kevin Kelton is a cohost of The More Perfect Union podcast and founder of Open Fire Politics on Facebook.

“Not a Target” Doesn’t Mean “Exonerated”

by Kevin Kelton

The border wall between a “subject” and “target” is thin and can crumble quickly. 

Much has been made about reports that Deputy Attorney General Rod Rosenstein told President Trump he’s “not a target” of the Russia or Michael Cohen investigations. Trump and his supporters seem to believe that exonerates him in both investigations. As they say online, LOL.

Over the years I’ve read many dozens of articles about murder investigations and other felonies. Invariably there’s a spouse, relative or close friend whom all the evidence points to, but the police call him “a person of interest” and not “a suspect.” Usually it’s to get that person to turn themselves in for questioning. But persons of interest can turn into suspects and charged perpetrators very quickly.

Unlike “suspect” and “material witness,” “person of interest”… generally refers to someone law enforcement authorities would like to speak with or investigate further in connection with a crime. It may be used, rather than calling the person a suspect, when they don’t want their prime suspect to know they’re watching him closely. Critics complain that the term has become a method for law enforcement officers to draw attention to individuals without formally accusing them.

Now here’s the FBI’s terminology:

• A “subject” is: “a person whose conduct is within the scope of a Grand Jury’s investigation.” A subject is somewhere between a target and a witness. A subject has engaged in conduct that may look suspicious or unethical, but the prosecutor isn’t certain that a provable crime has been committed and wants to do more investigating in order to be sure.

• A person is a “target” when the prosecutor or Grand Jury has substantial evidence linking him to the commission of a crime. The key thing to remember about these categories is that they are ultimately meaningless and offer you no protection. Why? Because even if you’re currently a witness or subject, there’s no guarantee that your status will remain unchanged.

According to Bruce J. Kelton, a former Justice Department attorney who prosecuted RICO and organized crime cases, “Many individuals who wind up as criminal defendants in federal court started out as subjects and as the grand jury investigation developed turned into targets. To give an example, Bernie Madoff was the initial immediate target in a Ponzi scheme in New York. But by the end of the investigation, 15 others who initially were subjects were indicted and convicted.”

So if you think the fact that Rosenstein told Trump he’s “not a target” means he’s been vindicated, you may be in for a big surprise. And if the president thinks he’s been vindicated, good! Let him continue with that false sense of security.

As for me, I will accept the outcome if he’s never charged. And do a jig if he is.

Kevin Kelton is a cohost of The More Perfect Union podcast and founder of Open Fire Politics on Facebook.

The “Fair & Balanced” Fallacy

by Kevin Kelton

A lot of Republicans complain that the news media is “out to get Donald Trump.” I agree with them, I think a lot of the media is aligning against President Trump and the scandals that permeate his administration.

And they are right to do it.

The idea that news coverage should be totally “objective” and neutral in reporting the news is a misconception about the duty of journalism and a free press. It is not the job of the press to give artificial balance to an imbalanced story. Indeed, FOX News itself
dropped it’s silly “Fair & Balanced” slogan in 2017. Apparently, the FOX News overlords finally realized that even the slogan itself reeked of hypocrisy.

For instance, when a war is unjust, or a government policy is clearly hurting people or unfairly rewarding others, or a politician has committed crimes or ethical lapses,it’s incumbent upon the news media to report it in clear, unambiguous terms that their viewers can understand. There is no responsibility of the press to be “friendly” or “balanced” in its reporting. To the contrary, its primary responsibility is to be adversarial and tough, to push back and question, and to report when the claims of government officials do not match the facts they uncover.

Let’s look at sports journalism as an example. If the New England Patriots are caught cheating by illegally inflating game balls, should the sports press fail to report that? Should they continue to say “allegedly” when clear testimony has shown the allegations to be true? Should they cover the football game as if the cheating episode never happened? If they discover evidence that a boxing match may have been fixed and a fighter took a dive, should they report that and condemn it? Or should they say, “Maybe the other guy would’ve won anyway, we’ll never know. So it’s speculative as to whether the fix affected the outcome of the fight or not.” Clearly their responsibility is to report the true facts as they unearth and understand them. And while they are reporting the unfolding story, they have every right (and obligation) to let their audience know that these questions are out there and the players are acting awfully suspicious.

I pay for newspapers not to get an artificially “balanced” reporting of the news. That’s what a ticker tape is for. I want context, perspective and analysis, and when it’s appropriate, I want them to help shame the offending parties into correcting their behavior. Consumer ombudsmen reporters often do some of the best investigative journalism out there precisely because they don’t treat their subjects with kit gloves.
 

A democratic free press isn’t simply a mirror. It’s a painting…it’s art. It should communicate and inform. It should move its audience. It should affect positive change.

Walter Cronkite was great because he showed human emotion when reporting JFK had died, and when showing cynicism and doubt when covering the government’s false narrative of the Vietnam War. Edward R. Murrow’s greatest moment was helping to unmask and end McCarthyism. Woodward and Bernstein didn’t give President Nixon the benefit of the doubt; they doubted and dug.
 

That is the mark of great journalists. Not to protect, but to unmask. Not to defend, but to offend.

Journalism isn’t a tool of the powerful. It’s a tool of the people they seek to govern. I’m glad the press is being tough on an immoral, unethical, and profoundly unqualified president. The only person who is responsible for their negative coverage is the man himself. He’s more than earned it.

Kevin Kelton is a cohost of The More Perfect Union podcast and founder of Open Fire Politics on Facebook.

 

Multiple Bombshells (Ep. 149)

This episode of “The More Perfect Union” podcast looks at Trump’s military strike on Syria and its ramifications, James Comey’s new book and its ramifications, Michael Cohen’s rumored 2016 trip to Prague and its ramifications, and Greg’s ability to do foreign accents and its ramifications.

Roseanne & Donald: Life Irritates Art (Ep. 147)

This week’s MPU podcast looks at Roseanne Barr’s love affair with Donald Trump,  the differences between what liberals and conservatives watch on TV, Laura Ingraham’s cheap shot a Parkland shooting survivor, and what a remake of Red Dawn might look like.

Stormy Weather (Ep. 144)

This episode of The More Perfect Union podcast covers Trump’s confusing tariff proposal, this week’s Pennsylvania special election, the growing Stormy Daniels scandal, and whether Sen. Elizabeth Warren is really going to take a knee in 2020. Will Greg be running for president in 2020? Listen carefully to find out.

Trade Wars Are Good (Ep. 143)

This episode of The More Perfect Union podcast looks at trade wars, little white lies, the exit of Hope Hicks from Trump’s inner sanctum, the West Virginia teachers’ strike, and some things that may secretly be making the president more cranky than normal.

13 Reasons Why (Ep. 141)

Episode 141 of The More Perfect Union podcast looks at the aftermath of the Parkland High School shooting, the indictment of 13 Russian nationals in the special counsel probe, the failed DACA negotiations, and Laura Ingraham’s diss of LeBron James. Then the gang takes a look at other political podcasts and talk about why they do the show and what they think sets it apart from other podcasts.

Black Eyed Prez (Ep. 140)

Episode 140 of the MPU podcast looks at the eight-hour government shutdown, the domestic abuse scandal that has given the White House a public relations black eye, and President Trump’s tenuous understanding of the word “treason.”

Wave Goodbye to the Wave Election

by Kevin Kelton    

Though the makings of a democratic wave election in the midterms seem apparent – enthusiasm, leading indicators, a highly divisive president – one key component is missing… and it could be the fatal flaw.

It’s the “why.”

Every wave election has an overriding theme or movement behind it. Today’s Democratic party lacks either.

In the last half century, there have been six wave elections.* Two were presidential election cycles, the other four were midterms.

The 1980 Reagan wave was powered by a weak economy and the Iran hostage crisis, but mostly by a charismatic presidential candidate who gave a face and voice to the movement. Similarly, the 2008 Obama wave was driven by a war-weary nation and a financial crash, and a charismatic candidate. But let’s put those aside and look at midterms, where there is no presidential candidate to embody the movement.

In every midterm wave, there were clear economic and foreign policy crises that turbo-charged the national mood:

1974 – the Vietnam war and Watergate

1994 – a faltering economy, healthcare, and the GOP’s “Contract with America”

2006 – a war-weary nation, Hurricane Katrina, and GOP scandals (Jack Abramoff; Tom DeLay)

2010 – Obamacare, a stagnant economy, high unemployment, the national debt, illegal immigration

Now let’s look at the prospects for 2018. Other than an historically unpopular first-term president, what issues do the Democrats have to run on? Even with the current stock market correction, it’s unlikely the economy will tank before November. (It takes six months of negative GDP to classify a recession, and right now GDP is strong.) Unemployment is historically low. There is no new military conflict. By November DACA will likely be resolved and the only immigration issues will be the border wall and the lingering Muslim ban court cases. Trump is riding high on the tax cuts and the recent long-term budget deals. Even the #MeToo movement is too fractured to break solidly Democratic. The party can’t own the issue with Bill Clinton, John Conyers, Harvey Weinstein, Al Franken, and Anthony Weiner as its poster boys.

Plus the Democrats are still a splintered party with no national leader to rally the troops. So they will be left to a series of local races with no unifying issue or theme to power them past heavily financed incumbents.

Unless the anti-Trump movement itself is enough to power the wave, what should be a tsunami may turn into a small storm. Democrats are likely to pick up seats in the House, but unless they net 24, the GOP will still own both chambers and the Executive branch.

The party’s leaders better settle on a set of core issues now, issues that will resonate with middle-class voters and power midterm turnout. And they better be bumper sticker stances, not nuanced wonky ones that take two minutes to explain.

So what can you do? Find the issue you are passionate about and post about it tirelessly on Facebook, Twitter and other social media. Join Facebook political groups to magnify your voice. Share posts on the issue and send them to your senate and congressional candidates. Be your own campaign manager and campaign spokesperson. Then pick five races with five candidates you are excited about and donate. If every Democrat becomes a one-man SuperPac, we win.

Unless we’re all in the campaign, Trump and company will be campaigning on tax cuts, jobs and prosperity, while Democrats be running on Russia and Robert Mueller.

I respect Robert Mueller. But I don’t think he’s a wave.

Kevin Kelton is a writer and co-host of The More Perfect Union podcast and founder of the Facebook groups Open Fire Politics, Open Fire Food & Spirits, and Open Fire Sex.

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* An argument an be made that 2014 was also a wave election, but since the House was already heavily GOP, movement of congress further right isn’t being counted here as a “wave.”