Thursday, May 18, 2017

This Is Special

Some reactions to the appointment of Robert Mueller as the special counsel.

Charles P. Pierce:

This administration is the worst thing to happen to D.C. cocktail hours since Prohibition. The end of business is no longer the end of business. It’s like being a volunteer fireman in hell. The best news is that Deputy Attorney General Rod Rosenstein took a good look at the dents in his reputation and appointed Robert Mueller, a former director of the FBI, to be a special counsel to oversee the DOJ in its investigation not only Russian meddling in the 2016 election, but also into “related matters.” Which means, well, everything.

If you want to know more about Mueller, then consult Dr. Google on the subject of “Stellar Wind.” That was the Bush Administration’s extra-constitutional surveillance follies. Mueller (along with James Comey, the Zelig of federal law enforcement) threatened to resign if the administration and its lawyers didn’t find a way to make Stellar Wind conform to constitutional norms. It’s important to remember that Mueller, at the time, was trying to find a way to rehabilitate the Bureau’s image after the intelligence community failed altogether on 9/11, but even Mueller found what the Bush NSA was doing was a long step over the line.

In short, if you were looking for someone with Washington street cred and a history of not being intimidated by people like presidents, even semi-competent ones, Mueller is as good as it gets. The administration’s toes just lost contact with the bottom of the pool.

Josh Marshall:

This is important and necessary but not sufficient.

There also needs to be an independent commission to investigate what happened in the 2016 election. These two options – special counsel or independent commission – are often bandied about as two separate options, one or the other, or as steps of escalation in a scandal. None of those things is true.

It is critical to understand that the most important details we need to know about the Russian disruption campaign and the Trump campaign’s possible collusion with it may not be crimes. Indeed, I would say that the crimes we’re likely to discover will likely be incidental or secondary to the broader actions and activities we’re trying to uncover. Just hypothetically, what if Russia had a disruption campaign, Trump campaign officials gave winks and nods to nudge it forward but violated no laws? That’s hard to figure but by no means impossible. (Our criminal laws are not really designed for this set of facts.) The simple point is that the most important ‘bad acts’ may well not be crimes. That means not only is no one punished but far, far more important, we would never know what happened.

People who committed crimes should be punished. Unquestionably. But the truest and deepest national interest is that the whole story be thoroughly investigated and the full story get a public airing. That is far more important to the health of the Republic and its safety than whether particular individuals spend time in prison. Again, it’s not either/or. But one is far more important than the other. A counter-intelligence probe or even a criminal investigation could wind up and the details and findings never be known. That can’t be allowed to happen. We need a fully empowered commission charged not with investigating and prosecuting criminal conduct but ascertaining, as far as possible, what happened and then bringing that information before the public.

That’s critical. This is an important step. Great that it happened. But the country can’t get past this without that full accounting.

digby:

He’s a good choice if only because he was FBI chief for a dozen years without a whole lot of drama. Presumably he’s well respected by the rank and file and both parties will be satisfied. If nothing else, the Republicans won’t be able to whine too much about it.

The best aspect of this is if Trump picks Joe Lieberman for FBI chief, as is rumored. Having a Mueller as special counsel will spare us having to put up with him using the Russia investigation to punish liberals for beating him in a primary.

Yes, he is that petty.

History has shown that when a special counsel is appointed, the investigation becomes real.  Money is going to be spent, staff is going to be hired, and there will be results.  It also means that no one knows where it will go.  The special counsel hired to look into Whitewater ended up with Monica Lewinsky, and an investigation into the money paid to the perpetrators of a third-rate burglary led to the resignation of a president.

So here we go.

Speak!