Mueller at the Crossroads

After almost a year, Mueller has offered no evidence that Trump colluded with the Russians. Aside from former Trump campaign chairman Paul Manafort, a few minor and transitory campaign officials have been indicted or have pleaded guilty to a variety of transgressions other than collusion.

Ironically, the United States has often interfered in foreign elections to massage the result. Recently, Bill Clinton joked about his own efforts as president to collude in the 1996 Israeli election to ensure the defeat of Benjamin Netanyahu. “I tried to do it in a way that didn’t overtly involve me,” Clinton said.

The Obama administration did the same in 2015, when it used State Department funds to support an anti-Netanyahu political action group.

.. Three, Mueller could continue to investigate anyone close to the Trump campaign for another year. If he did that, he would confirm that his inquiry has descended into a political cause. If Mueller calibrates the release of his findings to the fall midterm elections, he will be hailed by Trump opponents as a crusading prosecutor — despite finding nothing related to collusion. A Democratic takeover of Congress would shut down congressional investigations of FBI and DOJ wrongdoing and further empower Mueller.

.. Four, Mueller could more evenly apply his investigations of lying, obstruction of justice, and collusion during the 2016 campaign. That way, he would reassure the country of equal treatment of all under the law.

For example, in his search for instances of lying, Mueller might also re-examine the false testimonies given to investigators by McCabe and by Clinton aides Cheryl Mills and Huma Abedin.

.. In his search for Russian collusion, Mueller might also investigate Steele, Glenn Simpson of Fusion GPS, and the Clinton campaign. All used Russian sources to leak unproven gossip and smears to the press in an effort to warp the 2016 election.

In his search for obstruction of justice, Mueller might also investigate whether top DOJ and FBI officials deliberately misled the FISA court by withholding evidence that the Steele dossier was flawed. Did Justice Department officials inform the FISA court that Steele’s dossier was hired research paid for by the Clinton campaign? Did they tell the court that the FBI had stopped using Steele as a source because he purportedly leaked information to the media? Did they tell the court that Comey was on record as saying the Steele dossier might not have been credible?

In his search for obstruction of justice, Mueller might also investigate whether top DOJ and FBI officials deliberately misled the FISA court by withholding evidence that the Steele dossier was flawed. Did Justice Department officials inform the FISA court that Steele’s dossier was hired research paid for by the Clinton campaign? Did they tell the court that the FBI had stopped using Steele as a source because he purportedly leaked information to the media? Did they tell the court that Comey was on record as saying the Steele dossier might not have been credible?

.. In his search for felonious behavior concerning the leaking of classified documents, Mueller might determine:1) Whether Comey’s memos regarding presidential conversations, which Comey leaked to the press, were classified;
2) Whether former top national-security and intelligence officials — among them John Brennan, James Clapper, Samantha Power, Ben Rhodes, and Susan Rice — requested that the redacted names of surveilled Americans be unmasked, and whether officials then illegally leaked those names to the media;

.. 3) Whether FBI officials such as Comey and McCabe leaked confidential findings from their investigations to the press during the 2016 campaign and lied to investigators about it.