Obstruction, Obstruction…what’s your function?
Posted on April 8, 2019
I have to say I am very impressed with Robert Mueller. For one, he was a Democratic Party darling, now he is a Republican Party darling. The man knows how to make people happy and sad in less than 24 hours. That is impressive.
But it was the genius of stacking his investigators deck with ardent Liberal Democrats that was amazing. Taking people on who absolutely hated President Trump, those who would look into every nook and cranny hoping to find a sliver of Collusion or in reality, Conspiracy.
Yet it didn’t turn out that way.
Robert Mueller put himself in the cat-bird seat by this action. If he would have chosen a more non-partisan group, or say non-political group, well there would be wiggle room to say he was bias in favor of the President. As you might have noticed, the Talking Blue Bird at President Trumps disposal said the opposite for the last two years. President Trump called the investigation, and Mueller, everything in the book, and then tweeted about it. When the report finally dropped on a Washington D.C. Friday night, tears were shed, teeth were gnashed, and everyone was trying to figure this whole thing out to their advantage.
How could this be? No Collusion? What??? Oh, wait! What’s this about Obstruction?
Then the rallying cry started. The President, well he may have Obstructed Justice. Mueller was ambiguous, left the decision to that rabid Republican William Barr, the Attorney General of the United States. Because Barr, you know, will bury that charge under a Cherry Tree. Or at the least, toss it into the Potomac River. CNN went on endlessly about it, MSNBC, The New York Times, Vox and a host of others droned on. Collusion was the real crime.
Right now, the big discussion is the Full Report. Everyone is itching to see it, and darn it! Why did they release the Kenneth Starr White Water Report in full! And why are they taking so long now? What are they trying to hide? Is Barr trying to be sneaky?
Of course it might be because the report deals with a Foreign Government, you know, Russia. And the report contains intelligence gathering methods include (or not). So that picking and choosing what to show might be a good reason not to blast the Full Report on Twitter. Then of course, there are those nasty legalities about releasing classified documents and methods. Barr may have that on his mind too. Silly man!
But talk about Obstruction has faded into the background. Now it is just concerns about a black sharpie used to cover what everyone wants to see. Concerns over what we will eventually see, and what Barr is, of course, going to bury under mounds of Legalities to prevent Congress from seeing the Whole Picture. You know, this Attorney General is actually going to follow the law, isn’t that refreshing?
The question on Obstruction has faded for a couple of reasons. And although better minds than mine have discussed their reasonings, I think it boils down to these two.
It’s hard to Obstruct Justice when there isn’t a crime.
Consider the first finding on Collusion. (You know, Conspiracy) that was deemed untrue. Okay, so no evidence was found. And no evidence will be found until Congressmen Adam Schiff releases his hidden cache of documents. Until Adam fesses up, this is a hamburger without a patty. Probably missing the pickles too. So…
No Collusion, and if there isn’t any collusion, trying to stop an investigation into a non-crime would be a…?
Not a crime. It’s kind of like me helping my neighbor hid from his wife. Sure, he can just stand in my garage, drink a beer, and snicker as his wife calls out his name. And yes, I will be in deep doodoo with my neighbor’s wife. But I did not commit a crime. I did not obstruct justice. Just helped out a neighbor, tried to help out a friend.
If now, the police were looking for my neighbor because he robbed a liquor store to get said beer, that he is now drinking in my garage. And I know he is there, and tell the police he is not, and tell my neighbor to hide in the rafters? You know what? I have just obstructed justice. Along with aiding and abetting. I am in deep doodoo, and not just with my neighbor’s wife.
This was President’s Trump crime. Or lack of crime. I seriously doubt he thought it was a crime, and maybe one of his lawyers would have told him not to say such things because they will use it against him and all. And maybe one did, maybe one didn’t. Then again, with lawyers like Cohen? He probably never asked. Or they never told him. Or…well lets face it. Either way you cut, dice, dissect it? You really can’t obstruct justice if there is no crime to obstruct.
Then there is the little problem of precedent. Not exactly legal precedent but more of a precedent of perception. During the 2016 Election there were questions regarding the investigation of Former Secretary of State Hillary Clinton’s email server. And the reported lost 30,000 emails. Give or take a few hundred emails. Where did they go?
The private server that was housed in the Clinton’s private home was the point of contention with Republican lawmakers during, and prior, to the 2016 election. This server had all of its data erased.
Oh, and not just erased. Using a software program called Bleachbit that literally destroyed all chances of ever recovering those lost emails, or anything else on the server. Cleaned, with a digital dust cloth.
Then there is the strange case of Hillary Clinton’s staffs BlackBerrys. They were destroyed by using hammers. Which is a little extreme to say the least. Making those devices useless for recovering data that may have been pertinent to the investigation.
Add to this the emails found on Clinton’s top Aide, Huma Abedin, laptop that she shared with her then husband, Former Congressman Anthony Weiner. Questions arose about the nature of those emails, and whether they were sensitive in nature or not. Ultimately considered ‘not sensitive’ by then FBI Director James Comey and his staff.
All these odd little things, from destroyed data, to 5th amendment invocations, just add to the mystery surrounding the Clinton Email investigation. Illegal? Eh. Improper? Well yes. Obstruction? Okay, so we may have a problem there. Because it has become a huge “He said, She said” over things of when the Clinton team was told to keep all materials related to the investigation, and whether emails on the private server were actually government secrets or not…and well it’s a mess deserving of a Special Counsel itself. But let’s not go there, please.
Unfortunately for those who wanted to push the Obstruction of Justice questions toward President Trump, having so many questions about obstruction on the Clinton Email Server investigation leads to a bad taste in one’s mouth.
If they push for a case of obstruction on Trump, well then, can’t the same be said about Hillary Clinton? Of course it can. Trump just talked and tweeted. As far as he know he never took a hammer to his tweets. Saying silly things and tweeting about them are one thing. Destroying property and wiping out data? Quite another. Bad form old girl, bad form.
Give that man a Cigar!
Robert Mueller did our country a huge favor, hopefully his legacy will reflect that. By stacking the investigation deck with ardent Liberals, thus deflecting any bias in favor of President Trump, and by punting on Obstruction of Justice, he has hopefully ended what was to be the beginning of an endless cycle of investigations into collusion theories. Moot point be damned.
Overall, Robert Mueller proved the point. The system works, even as ugly as the system may be at time, it still works.