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Mueller missed his market -- and doomed the investigation
Opinions
Mueller missed his market and doomed the investigation
By Philip Allen Lacovara
November 7 at 5:34 PM
Philip Allen Lacovara is the former president of the District of Columbia Bar and counsel to the Watergate special prosecutors.
The midterm elections, followed promptly by Attorney General Jeff Sessionss forced resignation, have rendered special counsel Robert S. Mueller IIIs investigation into Russian interference in the 2016 presidential election politically irrelevant. By waiting until after the midterms to issue his final report about President Trumps possible culpability, Mueller has effectively missed his market and may have doomed the investigation.
In virtually every significant contested race where Trump campaigned for the GOP candidate especially in the Senate the presidents endorsement carried the Republican across the threshold, assuring Trump of another reliable vote in Congress. Mueller has gained a handful of convictions so far, but the potential for significant revelations by the special counsels final report appears to have played no role in the voting by Republicans or Democrats. Two evident consequences flow from the Trump effect on the midterms.
First, the president has been able to fire Sessions, whose recusal from investigating Russias election interference resulted in Muellers appointment, and immediately replace him, at least temporarily, with a loyalist, Matthew Whitaker, who already is on the record criticizing Muellers investigation. This action ends Deputy Attorney General Rod J. Rosensteins role as a protective buffer between Mueller and the president. The new attorney general, whether it is Whitaker or someone else, will be free to constrain Muellers investigation and suppress the special counsels findings: Any report by Mueller must go to the attorney general, who decides what, if anything, to do with it. Sessionss replacement will be far more comfortable suppressing the report now that firmer Republican control of the Senate protects not only Trump but also the new attorney general from any risk of being ousted in a post-impeachment trial.
{snip}
Second, though the Democrats new House majority will give them the opportunity to annoy Trump and to hector the new attorney general, Mueller no longer has any chance of securing the legislative protection for his investigation that had been proposed in recent months. Republicans expanded their Senate majority in the midterms, picking up at least three seats and shedding the few Republicans such as the retiring Bob Corker (Tenn.) and Jeff Flake (Ariz.) who might have been interested in protecting the integrity of the investigation. ... This senatorial shift in Trumps favor makes the prospect of impeachment by the House an even less plausible brake on the presidents desire to short-circuit Mueller. There is little chance that any evidence of Trumps misconduct the House could produce, even with the fruits of Muellers investigation, would persuade 20 or so Republican senators to join Democrats in reaching the constitutionally required two-thirds majority (67 votes) necessary to convict and remove the president after impeachment.
....
Mueller missed his market and doomed the investigation
By Philip Allen Lacovara
November 7 at 5:34 PM
Philip Allen Lacovara is the former president of the District of Columbia Bar and counsel to the Watergate special prosecutors.
The midterm elections, followed promptly by Attorney General Jeff Sessionss forced resignation, have rendered special counsel Robert S. Mueller IIIs investigation into Russian interference in the 2016 presidential election politically irrelevant. By waiting until after the midterms to issue his final report about President Trumps possible culpability, Mueller has effectively missed his market and may have doomed the investigation.
In virtually every significant contested race where Trump campaigned for the GOP candidate especially in the Senate the presidents endorsement carried the Republican across the threshold, assuring Trump of another reliable vote in Congress. Mueller has gained a handful of convictions so far, but the potential for significant revelations by the special counsels final report appears to have played no role in the voting by Republicans or Democrats. Two evident consequences flow from the Trump effect on the midterms.
First, the president has been able to fire Sessions, whose recusal from investigating Russias election interference resulted in Muellers appointment, and immediately replace him, at least temporarily, with a loyalist, Matthew Whitaker, who already is on the record criticizing Muellers investigation. This action ends Deputy Attorney General Rod J. Rosensteins role as a protective buffer between Mueller and the president. The new attorney general, whether it is Whitaker or someone else, will be free to constrain Muellers investigation and suppress the special counsels findings: Any report by Mueller must go to the attorney general, who decides what, if anything, to do with it. Sessionss replacement will be far more comfortable suppressing the report now that firmer Republican control of the Senate protects not only Trump but also the new attorney general from any risk of being ousted in a post-impeachment trial.
{snip}
Second, though the Democrats new House majority will give them the opportunity to annoy Trump and to hector the new attorney general, Mueller no longer has any chance of securing the legislative protection for his investigation that had been proposed in recent months. Republicans expanded their Senate majority in the midterms, picking up at least three seats and shedding the few Republicans such as the retiring Bob Corker (Tenn.) and Jeff Flake (Ariz.) who might have been interested in protecting the integrity of the investigation. ... This senatorial shift in Trumps favor makes the prospect of impeachment by the House an even less plausible brake on the presidents desire to short-circuit Mueller. There is little chance that any evidence of Trumps misconduct the House could produce, even with the fruits of Muellers investigation, would persuade 20 or so Republican senators to join Democrats in reaching the constitutionally required two-thirds majority (67 votes) necessary to convict and remove the president after impeachment.
....
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Mueller missed his market -- and doomed the investigation (Original Post)
mahatmakanejeeves
Nov 2018
OP
Completely... the Dems tried several times over the past months to pass laws to protect mueller
Thekaspervote
Nov 2018
#2
Boxerfan
(2,533 posts)1. Yeahhh-No.
It is a fantasy piece by an opinion writer. All fluff no stuff.
Thekaspervote
(32,709 posts)2. Completely... the Dems tried several times over the past months to pass laws to protect mueller
dixiegrrrrl
(60,010 posts)3. Nice smokescreen there, hope the Repugs buy into it.
A quick check of what Lacovara has been up since the ancient days of Watergate put him in the spotlight.
January 31, 1993
"resigned" from a law firm after multiple complaints of sexual harassment of female staffers.
https://www.bloomberg.com/news/articles/1993-01-31/he-said-she-said-the-case-of-philip-lacovara
He has quite a few columns since Trump sprang up, always touting his bona fides as someone involved in Watergate.
Most of the time, he has stated that Trump's crimes are much worse than Nixon's.
Other than that, not much on him in a Google search.
FreepFryer
(7,077 posts)4. Lacovara is a fucking moron. Corker and Flake had plenty of time. (n/t)