Opinion/Analysis: Mr. Rosenstein, What Is the Crime?

For precisely what federal crimes is the president of the United States under investigation by a special counsel appointed by the Justice Department? It is intolerable that, after more than two years of digging — the 16-month Mueller probe having been preceded by the blatantly suspect labors of the Obama Justice Department and FBI — we still do not have an answer to that simple question. Deputy Attorney General Rod Rosenstein owes us an answer. To my mind, he has owed us an answer from the beginning, meaning when he appointed Special Counsel Robert Mueller on May 17, 2017. The regulations under which he made the appointment require (a) a factual basis for believing that a federal crime worthy of investigation or prosecution has been committed; (b) a conflict of interest so significant that the Justice Department is unable to investigate this suspected crime in the normal course; and (c) an articulation of the factual basis for the criminal investigation — i.e., the investigation of specified federal crimes — which shapes the boundaries of the special counsel’s jurisdiction. This last provision is designed to prevent a special counsel’s investigation from becoming a fishing expedition — or what President Trump calls a “witch hunt,” what DAG Rosenstein more diplomatically disclaims as an “unguided missile,” and what Harvard’s Alan Dershowitz, invoking Lavrentiy Beria, Stalin’s secret-police chief, pans as the warped dictum, “Show me the man and I’ll show you the crime.” In our country, the crime triggers the assignment of a prosecutor, not the other way around. Sound reasons undergird the regulations. If a Democrat were in the White House, we would know them by heart at this point. Republicans once knew them well, too. That was before Donald Trump’s character flaws had them shrugging their shoulders, resigned that he deserves to be investigated whether he committed a crime or not. Yet, the rationale for the regulations relates to the presidency, not to the man or woman who happens to occupy the office at a particular time. It is too debilitating to the governance of the United States, to the pursuit of America’s interests in the world, for us to permit imposing on the presidency the heavy burdens of defending against a criminal investigation unless there is significant evidence that the president has committed a serious crime. As illustrated by this week’s hearings on the Supreme Court nomination of Brett Kavanaugh, Democrats are too Trump-deranged in this moment to recognize their interest in avoiding a prosecutor’s cloud over future Democratic administrations. (Of course, they probably calculate that no Democratic attorney general would appoint a special counsel, no matter the evidence, and that the media would compliantly play along.) It is therefore up to Republicans to respond to the damage being done to the office. This can be hard to do. If policy were all that mattered, the Trump presidency would be a rousing success. The economy is humming. The yokes of tax and regulation have been eased to the extent that, despite tariff hijinks, unemployment has plummeted and employers have trouble filling positions. Meanwhile, the federal courts are being stocked with exemplary jurists who, for decades, will be faithful stewards of the Constitution. Alas, there’s a lot more to it than policy. You want to slough off as unreliable the latest ABC/Washington Post poll that has Trump’s job approval at just 38 percent (with 60 percent disapproving)? Okay . . . but since he seems hell-bent on personalizing the midterms as a referendum on him, it is less easy to ignore that the so-called generic ballot is swinging the Democrats’ way: by nearly 10 points according to FiveThirtyEight, while even more Trump-friendly Rasmussen reflects a recent Democratic surge to a four-point lead. As the Wall Street Journal’s Dan Henninger observes, the president’s loyal base, consisting of roughly a third of the voting public, is going to be with him and, presumably, with Republicans. Still, if a Democratic takeover of the House is to be avoided, the GOP desperately needs the voters who reluctantly pulled the lever for Trump only because he was not Hillary Clinton. You may notice that Mrs. Clinton is not on the ballot this time.

Thank God..  For more on this piece by attorney Andrew C. McCarthy, click on the text above.  Andrew does a great job at really delving into the central question…  “What EXACTLY is Pres. Trump, and his administration/campaign, being investigated for?”  If you ask an average American, regardless of political party affiliation, what the answer to that questions is, they don’t have a clue.  As Andrew quite rightly notes..  Normally, in America, a crime has been committed FIRST.  THEN, an investigation is done to determine who committed it.  In this case, a Special Counsel, along with a very partisan staff, has been hired for over 16 months…at enormous expense to we-the-taxpayers…to see if the President or his campaign may have committed a crime.  That’s Stalinist fascism at its worst; the kind of thing we’d expect to see in North Korea or China….but not here in the United States.  DAG Rosenstein owes us an answer now!

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