In truth, the Russians “colluded” through GPS Fusion to harm, not help, Trump and the evidence of that is coming out. It’s time to repeal the Special Counsel law which has now been used twice to hamstring two Republican Presidents, has dubious constitutional authority, and will never result in the indictment of a prominent Democratic politician.
Under the Constitution there are three ways to deal with official corruption: the ballot box, impeachment, or criminal prosecution. Instead, in recent years we have tried two different means: the Independent Counsel law, now lapsed, and the Special Counsel law. Pepperdine Law Professor Douglas M. Kmiec explains the difference and argues that the features of the independent counsel, which the Supreme Court held constitutional, and the special counsel law that has not been challenged, are different, notably that the absence of outside supervision of the prosecutor and failure in both instances of the application of the Special Counsel act — the Plame case, and the Russian interference case now under Mueller — lack what the Court called a necessary predicate for such an investigation: a finding by the attorney general that there is reason to believe that a crime has occurred. That did not occur in the “collusion” investigation. In the Plame case, as I show, the major figures all knew there was no crime before they began the investigation.
In the case of the Independent Counsel investigation of Whitewater, you may recall the prosecutor said that they had reason to believe Hillary Clinton had committed perjury before the grand jury, but as prosecutors should not indict unless they believe a conviction is likely and the case would be brought before an Arkansas jury who would never convict Bill Clinton’s wife, no indictment would be sought.
Absent a dramatic shift in D.C. demography and political sentiment, you can be sure this would be the case should any special prosecutor find criminal wrongdoing by a prominent Democrat, especially Hillary Clinton. She has a ticket to ride (as she did when Comey absolved her of gross misuse of classified information). In contrast, any prominent Republican tried here already has a strike against him.
My online friend “Ignatz Ratzykywatzky” now describes what we have:
So Comey intentionally leaked his memo to cause Mueller to be appointed to investigate a plan by Putin to generate a fake scandal to fool dopes like Comey.
But for the addition of a new player, GPS-Fusion, this case is remarkably similar in evolution and cast of characters to the Plame case. The genesis of the Mueller investigation was the recusal of Attorney General Sessions on the ground that he was too close to the subject of the investigation. It was on the same ground that former Attorney General John Ashcroft recused himself in the Plame leak case. In both cases the media incited recusal.
On October 31, 2016 David Corn (who worked for the Nation during the Plame case and now for Mother Jones), wrote in Mother Jones “A veteran spy [David Steele of GPS Fusion] has given the FBI information alleging a Russian operation to cultivate Donald Trump.” GPS-Fusion is a smear-for-hire operation. Among the smears created by this outfit of which we are now aware were a number against Mitt Romney, including the tape of his remarks about Obama supporters secretly made at a donors’ meeting; the false claim that the videos of Planned Parenthood negotiating for the sale of fetus body parts was “fake,” and attacks on the credibility of Venezuelan dissidents who had charged Venezuelan officials with graft and money laundering. In addition, they were working to get Russian sanctions via the Magnitsky Act lifted, having been hired to do so by Natalia Veselnitskaya, the woman who tried to entrap Donald J. Trump. Prior to David Corn’s article, GPS met with a Mother Jones “journalist“ according to Steele himself. And that journalist was most certainly the Democrat’s water bearer, David Corn. Steele’s group had shopped the story around and on January 19, 2017 BuzzFeed published the GPS dossier.
After BuzzFeed published Steele’s dossier, individuals mentioned in the dossier sued Steele and Orbis Business Intelligence for defamation. In his defense, Steele blamed Fusion GPS for circulating his dossier among reporters without his permission. However, he admitted “off-the-record briefings to a small number of journalists about the pre-election memoranda in late summer/autumn 2016.” Steele’s defense contended that in October 2016, “Fusion GPS instructed him to brief a journalist from Mother Jones”, as Daily Caller reporter Chuck Ross summarized.
Despite Steele admitting that his dossier was never verified, and despite specific allegations in the dossier being disproven, Corn has continued to promote the dossier’s thesis, recently publishing an article claiming that “Donald Trump Jr.’s Emails Sound Like the Steele Dossier”. In his recent piece, Corn argued that Donald Trump Jr’s meeting with Natalia Veselnitskaya vindicates Steele’s dossier:
Trump and his supporters have denounced the Steele memos as unsubstantiated trash, with some Trump backers concocting various conspiracy theories about them. Indeed, key pieces of the information within the memos have been challenged. But the memos were meant to be working documents produced by Steele — full of investigative leads and tips to follow — not finished reports, vetted and confirmed.
But that media firestorm, based on nothing but unverified information — probably fed to GPS by the Russians — from a smear for pay outfit caused Sessions to recuse himself.
In the previous special counsel case – Plame — both Mueller, then head of the FBI, and Comey, then acting attorney general upon Ashcroft’s recusal, were informed even before Patrick Fitzgerald was appointed that no one had deliberately “outed” her to punish her husband; that the information Novak published came from Richard Armitage, a Colin Powell underlying and that it was absolutely inadvertent. And yet they used that to hamstring GW Bush and his administration and to convict Lewis Libby. That conviction is proving to be, as I argued at the time, a prosecution without a crime.