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More Thoughts on the Mueller Report

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Robert Mueller was in a quandary. On the one hand, qualified legal opinion prevented him from prosecuting a sitting President for criminal acts. On the other hand, his investigation had uncovered compelling and substantial evidence that the President had sought to obstruct justice and tamper with witnesses in multiple federal investigations into Russian interference in the 2016 US elections. Even determining that a crime had been committed could potentially weaken a future case against the President because it could be argued that the President was unfairly slandered when there was no official venue for him to clear his name or defend his integrity. Mueller therefore did the only thing he could do. He reported the facts and evidence in his investigation into obstruction of justice by the President without drawing a conclusion about whether his actions constitute a crime.

Mueller offers four reasons for conducting a thorough investigation without prosecuting the President or even determining whether he committed crimes.

  1. The Office of Legal Counsel (OLC) in the Justice Department issued an opinion that a sitting President could not be prosecuted because it would undermine his ability to fulfill the duties of his office. Since Mueller’s investigation was for the Department of Justice, he chose to abide by that opinion. The Constitutional duty of determining whether the President committed crimes and prosecuting them falls on the Congress, with the House of Representatives bringing articles of impeachment and the Senate acting as a judicial body for the trial.
  2. The OLC’s opinion still permits an investigation, and Mueller had broad authority under the Department of Justice to pursue his investigation wherever the evidence might lead. Since the OLC’s opinion applies only to a sitting President, charges may still be brought once he is no longer in office. A thorough and comprehensive investigation now preserves the evidence for later prosecution. This gives new meaning to Trump’s reiterated wishes that he might be President for life.
  3. Since no charges could be brought, it would have been unfair to determine that the President had committed a crime. Under normal circumstances, prosecution and public trial provides an opportunity for the person accused of a crime to explain their actions and present exculpatory evidence. The courts have held, for example, that naming persons in an indictment without also charging them violates their right to clear their name in a public trial.
  4. Despite being unable to bring charges or determine that a crime was committed, the investigation was unable to find that the President did not commit obstruction of justice. If they had, they would have said so. “Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.”

The facts and evidence presented in volume 2 of the report show that the President repeatedly and consistently sought to interfere both in the FBI’s investigation into Russian hacking of the 2016 election and in the special counsel’s subsequent investigation. He sought to influence FBI Director Comey’s conduct of the FBI’s investigation, eventually firing him because he could not obtain the result he sought. He also sought to curtail the Mueller investigation and urged witnesses to lie to investigators. The evidence is substantial and well-documented. The President even made public statements about his intentions.

The case against the President is serious and substantial. Charges stemming from it—if they are ever filed—would constitute federal felonies. Some members of Trump’s campaign and administration have already been charged with similar crimes and pleaded guilty or been convicted. Some are currently serving terms in federal prison. The question still to be decided is, “What are we, the People, going to do about the President?”

For many Trump supporters, of course, none of this makes any difference. They have already doubled-down on their support for him so many times that they are now blind and deaf to any fresh allegations of crimes he may have committed. It is all a conspiracy by the deep state. Even a cursory examination of Robert Mueller and his investigation, however, shows that such ideas are utterly unfounded. It would be hard to find a man of greater integrity in the conduct of his office. His investigation was thorough, painstaking, and by the book. If you have any doubts, read his report. Of all men living, only Trump could slander Mueller and be widely believed.

For the rest of us, our elected representatives in Congress have been handed a detailed case for impeachment. The only impediment to starting impeachment proceedings is political. Democrats have both a hope and a fear. They hope to win enough Senate seats for a majority in the Senate. They fear that impeachment proceedings could sway the election next November in Republicans’ favor. They might also be holding impeachment in reserve in case Trump wins a second term. If he does not win, he very probably will face charges in federal court. There will be no opinion from the Office of Legal Counsel to hold back federal attorneys from prosecuting him.

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Thoughts on The Mueller Report

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I’ve been reading The Mueller Report about the investigation into matters related to Russian interference in the 2016 election. There are two volumes. Volume 1 deals with crimes related to Russian interference in our elections. It details incidents and evidence that supports charges against various individuals and entities for tampering with our elections. None of those charged are Americans or members of President Trump’s campaign or administration. It also deals with incidents and evidence of crimes discovered in the course of the investigation, in particular lying to Congress and lying to the FBI concerning an ongoing investigation. Several members of Trump’s campaign and administration were charged. Nevertheless, the investigation did not find evidence of collaboration between the Trump campaign and Russian-backed organizations or individuals who interfered in our elections. There were a couple of questionable incidents, but it was not clear that any laws were violated.

Volume 2, which I have not yet finished, deals with the President’s efforts to end the investigation. I will need more time to discuss it, so I will only say now that it does not exonerate the President. Far from it.

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Looking Back

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Reading about the destruction of Sodom and Gomorrah recently, it struck me how odd it is that Lot’s wife looked back and became a pillar of salt. Commentators tend to see this incident as a direct result of disobedience to the divine directive, “don’t look back (v. 17).” They see it as a cautionary tale with the theme of immediate, painstaking obedience to God’s word. If you disobey, disaster will overtake you, and you will die. One backward glance and bam! instant punishment.

None of this sounds anything like the patient, compassionate Father Jesus revealed God to be. In fact, it sounds like the sort of interpretation the Pharisees would have come up with, turning as it does on a strict, literal understanding of the angels’ words while ignoring the sins of Lot himself, who offered his virgin daughters to a mob of horny men and left Sodom with such reluctance that he and his wife and daughters had to be dragged out of the city by the angels.

How then should we understand this story? If the fate of Lot’s wife was not punishment for her disobedience, what was it?

This is one of those stories that sounds like a myth: a capricious god, an equivocal warning, a minor infraction, an incredible metamorphosis, and a disastrous outcome. It’s not even the focus of the narrative. It’s an aside, a way to account for why Lot’s wife is suddenly out of the picture, why just a few verses later, he would get drunk and have sex with his two daughters—and why the daughters thought this was a good idea.

Let’s start with the assumption that God in this story is the same God Jesus talked about—loving, compassionate, merciful, and kind. Why would such a God destroy an entire city? There are clues in the preceding chapter.

Then the Lord said, “The outcry against Sodom and Gomorrah is so great and their sin so grievous  that I will go down and see if what they have done is as bad as the outcry that has reached me. If not, I will know.”

Genesis 18:20-21

The two men—angels—sent to destroy the city were not the first to be waylaid by a mob for their own gratification. Other victims had cried out to God—even perhaps to other gods—and their cries for redress had reached the ears of the Lord. Ezekiel, writing many years later, tells us that the people of Sodom were “arrogant, overfed and unconcerned; they did not help the poor and needy.” (Ezekiel 16:49). It was not merely for sexual sins that God destroyed the city but because they made no provision for the poor and neglected the needy. It was God’s compassion for the poor and needy, for the victims of Sodom’s self-absorption, that moved God to judge the city and send agents of destruction to destroy it.

He told Abraham his plan, and Abraham, concerned for his nephew Lot, extracted a promise from the Lord to spare the city if he can find just ten righteous men within it. Unable to find even ten, the Lord nevertheless went beyond his promise by sparing Lot and his family. That is why the two angels urged Lot to flee and even grabbed him and his family by the arms and forced them out of city telling them not to linger “for the Lord was merciful to them” (Genesis 19:16).

We know very little of Lot’s wife. There is no mention of her in connection with Lot prior to his escape from Sodom. It’s likely, therefore, that he met and married her after he settled in Sodom and that she was a native of the region. She would have had friends and family in Sodom, and there is little wonder then that in her concern for them, she should turn back to see what disaster would befall the place where she grew up and where all her memories were. Did God punish this natural concern? I don’t think so.

When the angels led Lot and his family out of the city, they told him to flee to the mountains, but Lot protested. “It’s too far,” he said. “We’ll never make it. The destruction will overtake us. Look, there’s a very small town nearby. We could make it there.” The angels agree to spare the town of Zoar (which means “small”) so Lot and his family can escape. This whole conversation, however, indicates either that Lot had knowledge of what was about to happen and how swift the judgment would be, or that the destruction was already beginning and threatening to overtake them where they stood. That’s why the angel was so vehement in urging them to run for their lives and not look back.

Jesus urged the same alacrity on his disciples when he told them about the coming of the Son of Man in Luke 17:

[N]o one who is on the housetop, with possessions inside, should go down to get them. Likewise, no one in the field should go back for anything. Remember Lot’s wife!

Luke 17:31-32

So it was not a mere backward glance that doomed Lot’s wife. It was lingering; it was delaying; it was a failure to appreciate the dire emergency of the moment. She stopped. She turned. She looked back. Perhaps the horror of what she saw petrified her. Perhaps the fire was already beginning to fall around her. Perhaps God, in one last desperate act of mercy, turned her to salt like the nearby hills before she could suffer the torment of being burned alive.

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