The only way to clear up this messy saga is for Trump to immediately declassify all documents — without redactions — relating to the Mueller investigation, the FISA court warrants, the Clinton email investigation, and CIA and FBI involvement with the dossier and the use of informants.
Second, there needs to be another special counsel to investigate wrongdoing on the part of senior officials in these now nearly discredited agencies. The mandate should be to discover whether there was serial conflict of interest, chronic lying to federal officials, obstruction of justice, improper unmasking and leaking, misleading of federal courts, and violation of campaign-finance laws.
Former U.S. district judge John S. Martin, writing in The Post to debunk the baseless proposal by House Freedom Caucus members to impeach Deputy Attorney General Rod J. Rosenstein, observes:
The actions of the Freedom Caucus members are not only baseless, they are also shameful. While they call for the appointment of a special prosecutor to investigate Rosenstein, it may be more appropriate to appoint a special prosecutor to investigate an attempt to corruptly obstruct justice by members of Congress who so obviously use their office to intimidate the deputy attorney general and to undermine the credibility of special counsel Robert S. Mueller III’s investigation.
.. Their inexcusable acts include:
- The caper by House Intelligence Committee Chairman Devin Nunes (R-Calif.) in which he scurried over to the White House to review classified documents and then tried to push the fake “unmasking” scandal;
- Nunes’s memo falsely stating that information about the Christopher Steele dossier’s origins was omitted from the Foreign Intelligence Security Court warrant application to conduct surveillance on suspected spy Carter Page;
- The outing of a confidential intelligence source;
- The badgering of Rosenstein for documents from an ongoing investigation and the bogus impeachment articles cooked up by Reps. Mark Meadows (R-N.C.) and Jim Jordan (R-Ohio);
- False accusations against the FBI (e.g. accusing FBI officials of aiding Hillary Clinton in the campaign) that were discredited by the inspector general’s report; and
- Refusal to obtain relevant documents (e.g. the blocked phone number that Donald Trump Jr. called in close proximity to the Russia meeting in June 2016).
.. Congressmen, Trump lawyers and White House aides conferring with intent to mislead investigators and the public, to disable the inquiry and/or to discredit law enforcement sounds an awful lot like obstruction of justice. Conversations or documents relating to that sort of conspiracy are in no way privileged.
.. Norman Eisen, Laurence Tribe and Caroline Frederickson wrote in February: “Endeavoring to stop an investigation, if done with corrupt intent, may constitute obstruction of justice. Plotting to assist such action may be conspiracy to obstruct justice. Normally, what is called ‘speech or debate immunity would provide a strong bulwark against any such liability for Mr. Nunes or his staff.” However, they argued, “Mr. Nunes and company may have ranged so far afield that those protections no longer apply. Under the clause, mere peripheral connection to legislative acts cannot serve as a fig leaf to shield criminal conduct.” They argued that if “a member or staff employee of the House Intelligence Committee engaged with the White House to stifle the special counsel inquiry, it would be difficult to see how such collaboration would be” protected by the speech or debate clause.
.. An investigation into Republican House members’ antics is critical if we want to hold them responsible for actions injurious to our criminal justice system. It is also necessary in order to uncover who if anyone they were colluding with on the White House side of the operation. Any White House official and/or lawyer — with or without the president’s knowledge — scheming to obstruct the investigation in concert with members of Congress needs to be investigated and held accountable.
.. Rather than simply play defense on behalf of Rosenstein and the Russian investigators, defenders of the rule of law need to go on offense, demanding Nunes, Meadows and Jordan come clean on their actions in support of a president trying to thwart a legitimate investigation. It all needs to come out.
Every indication is that this is far from the end of the committee majority’s mischief. All signs instead point to this week’s developments as the beginning of a new chapter in the story, in which House Republicans go on the offensive to support President Trump — and fight the special counsel, Robert Mueller.
.. First, the committee’s chairman, Representative Devin Nunes, attempted to provide cover for President Trump’s false allegation that he was wiretapped by his predecessor. Mr. Nunes met with White House officials in secret and then held news conferences in which he claimed that the outgoing national security adviser, Susan Rice, and her colleagues had wrongly sought to “unmask” (i.e., identify by name) certain Trump associates in surveillance reports.
.. When that effort ran out of steam, Mr. Nunes and the majority shifted their attention to the process by which law enforcement agencies obtained Foreign Intelligence Surveillance Act authorization to conduct electronic monitoring of a former Trump campaign adviser, Carter Page.
The committee released a highly misleading memo claiming that the F.B.I. and the Department of Justice had abused their powers — claims which turned out to be unfounded.
The special counsel is examining three core issues:
- Did Russia attack the 2016 elections to aid Mr. Trump;
- did Mr. Trump or members of his campaign collude with the Russians to do so; and
- did Mr. Trump or others obstruct the investigation of these matters?
.. the majority report endeavors to gut the second question, declaring the absence of collusion altogether.
.. It would be a grave error to think the committee will stop here, especially its chairman. There is nothing in Mr. Nunes’s record to suggest that he will let up in the face of opposition
.. The so-called “Nunes memo,” although widely considered a flop, was just the first in a series that he has said he plans to issue.
.. The president and his supporters have argued that his constitutional power to direct the Justice Department and the F.B.I. and to fire their personnel means he cannot as a matter of law be held accountable for obstructing an investigation.
.. we fully expect them to weigh in on the side of the president, and against accountability.
.. Should Mr. Mueller move to compel the president to testify by obtaining a grand jury subpoena, for example, look for them to back arguments circulated by Mr. Trump’s lawyers that the special counsel has not met the threshold for such a step.
.. We also expect more overt attacks on Mr. Mueller himself
.. We must in addition look for Representative Nunes and his ilk to back the president should he seek to install a crony in one of the positions within the Justice Department that oversees the Mueller investigation.
.. Mr. Trump instead can try to throttle him by replacing Attorney General Jeff Sessions or his deputy, Rod Rosenstein, with a compliant soul who can slowly choke off Mr. Mueller by cutting his budget, trimming his staff or curtailing the scope of his review.
.. In a week in which there has already been a major cabinet reshuffle, with the firings of Secretary of State Rex Tillerson and one of his top aides, Steve Goldstein, the possibility of such a move looms larger
.. When Mr. Nunes released his first memo, there were ominous rumblings that it was intended to target Mr. Rosenstein for his alleged role in FISA warrant abuses. When the memo fell flat, the rumors faded away. We would hardly be surprised to see a renewed effort against him — and his boss.
.. The special counsel must gird himself for this battle, and all of us must be ready to defend him.
Democrats have argued that such calls are simply an effort to undermine the ongoing Russia investigation. Sessions, moreover, has a serious ethical problem he refuses to acknowledge: He has already recused himself from anything involving the Russia probe, as well as from anything involving the 2016 Trump and Clinton campaigns. Appointing and overseeing a special counsel assigned to investigate conduct related to the Russia investigation would seem to be a direct violation of that recusal.
.. Enter President Trump’s lawyer, who took to his radio show Thursday to urge Sessions to make the appointment and to repeatedly insist that Sessions’ recusal shouldn’t stop him from doing so.
.. Sekulow is also the chief counsel for the conservative American Center for Law and Justice, and he hosts a weekday radio show that he’s used to attack the Mueller investigation.
.. Without saying so explicitly, their letter also suggests that the new special counsel could investigate the DOJ and FBI’s decision not to prosecute Hillary Clinton in the summer of 2016.
.. On Wednesday night, Sessions gave an interview to Fox News’ Shannon Bream, in which he said he was indeed considering appointing a second special counsel.
.. “This is completely independent of what Bob Mueller is doing on the Russia inquiry,” he said, stressing that he was directing his comments to any reporters listening. “It’s completely separate. This is involving the FISA issues.” He went on to add that it could also include an investigation into Clinton’s emails and the bogus “Uranium One” Clinton scandal—both of which Sessions is supposed to be recused from.
.. But in the course of the show, Sekulow and his co-hosts made comments that seemed to confirm that the investigation they were calling for would, in fact, have an impact on the Mueller investigation. The proposed new special counsel could investigate “potential criminal conduct involved in, one, the Clinton investigation; two, what then led to the Russia investigation and the Trump campaign, because it was the same actors, and the FISA abuse,”
“Department of Justice has an opportunity to start cleaning house,” Jordan Sekulow said later in the show. “It involves the Clinton investigation, the Trump-Russia investigation.”