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.
Robert S. Mueller III
(As dictated to Kevin Kelton, cohost, The More Perfect Union podcast)
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.
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.
This episode of The More Perfect Union podcast covers the Stormy Daniels “60 Minutes” interivew, the March For Our Lives, John Bolton, Trump’s congratulatory call to Putin, China tariffs, and Joe Biden’s ominous prediction for 2020. It’s real debate without the hate…and with the laughs.
This episode of The More Perfect Union podcast looks at the idea of arming public school teachers, the latest in the Trump-Russia collusion investigation, and the possibility of Ohio Gov. John Kasich challenging Trump in 2020.
For more debate between shows, join Open Fire Politics on Facebook.
by Kevin Kelton
By approving the reckless release of the politically-explosive Devin Nunes memo, President Trump has now demonstrated that he cannot be trusted to heed urgent warnings from his senior advisors. He ignored the dire pleas of his FBI Director, Deputy Attorney-General, Assistant Attorney General, intelligence chiefs, Senators John Thune and Lindsey Graham (both loyal Trump confidants), and probably a few White House higher-ups that we don’t know of yet. When the DOJ and FBI warned him it would be an “extraordinarily reckless” act, the president reportedly erupted in anger and still acted on his reckless impulses.
So how can we trust he will listen to his senior advisors’ warnings not to release a nuclear military strike if that day ever comes? Who is to say that Jim Mattis or HR McMaster will have any more sway over him than the FBI Director, DAG, and AAG that Trump himself handpicked?
With that in mind, Republicans and others now enabling this reckless president should watch carefully how Trump navigates the next few months. Watch how he responds to a counter-strike memo from Democrats. Will he impulsively escalate the battle? Does he feel the need to always one-up his enemy, always taking the fight to the next level regardless of warnings or consequences? Will he try to fire Rod Rosenstein or Mueller himself, indifferent to the warnings of senior staff?
If so, is this the behavior of a man you truly entrust with the security of your country and your family?
If the 45th president can’t be trusted to suppress his worst urges in political warfare, what makes you think he’d be able to do it in real warfare? The pressure Trump is under from the special counsel investigation is beyond intense. It’s pretty clear to any objective observer that he’s having some kind of nervous breakdown (as most guilty parties do when the police are banging at their front door). If a mannered and proper adversary like Robert Mueller is breaking him, how would he hold up psychologically against a wily, no-rules nemesis who can read Trump’s neurotic wiring and manipulate him like a puppet master working a marionette?
Because if you think Kim Jong-un isn’t watching and reading how Trump handles all this, guess again. Every foreign leader is watching how this game plays out, reading Trump’s weaknesses and his “tells.” Trump is trying to bluff his way out of the Russia scandal with a losing hand, and his pupils and brow sweat are obvious for everyone to see.
So Paul Ryan, Mitch McConnell, John Kelly, and every senator, congress person and cabinet officer, pay close attention now. Do you really trust this man under pressure? Is he someone whose worst instincts you’ll be able to contain when the going gets extremely rough?
It’s not a joke or a wild hypothetical. We just saw him launch a reckless nuclear first strike on his political enemies. The next one may be with missiles, not memos.
In episode 129 of The More Perfect Union poccast, Toronto radio host Ward Anderson joins the gang for a wide ranging discussion of sexual mores in the age of Trump, Franken and Moore.
by Kevin Kelton
Episode 125 of The More Perfect Union podcast finds the gang mourning yet another mass shooting, looking at the upcoming off-year elections in New York, New Jersey and Virginia, expressing dismay at Senator Elizabeth Warren, and showing compassion for Senator Rand Paul.
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And if you like talking politics, join us in our Facebook political debate group, OPEN FIRE, where you can discuss news and politics with Kevin, D.J., Greg, Rebekah, and lots of other smart, fun people.
Find us on Twitter at @MPUpodcast
Episode 124 of the More Perfect Union podcast covers the first wave of the Robert Mueller Russia investigation indictments, the ongoing dysfunction in the Trump White House, a new conspiracy theory tied to the JFK assassination document dump, and why otherwise honorable 93-year-old men in wheelchairs should not be judged by the size and location of their hands.
by D.J. McGuire
Over the eight months and change of the Trump Administration, two of his closest allies – both geopolitically and personally – have been Justin Trudeau and Theresa May, Prime Ministers of Canada and the United Kingdom, respectively.
This week, the Trump Administration declared a trade war on both of them – and the Democrats are practically silent. Between Trump’s economic ignorance and the opposition’s political malpractice, we’re in for a very bumpy ride.