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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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Segregated Sundays

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“For he himself is our peace, who has made the two groups one and has destroyed the barrier, the dividing wall of hostility.”
—Ephesians 2:14

There is neither Jew nor Gentile, neither slave nor free, nor is there male and female, for you are all one in Christ Jesus.
—Galatians 3:28

Why are our churches so segregated? Not just by race, although that is bad enough, but by political affinity? The early church was made up of people from all walks of life. There were rich widows and poor layabouts. There were Greeks, Jews, and barbarians. There were slaves and slave owners. There were young and old, rich and poor, male and female, smart and stupid, tall and short, native and alien, slave and free, extroverts and introverts, dark-skinned and light-skinned all in the same church. They had arguments and offenses and jealousies and lawsuits, but they still met together and worshiped together. Could it be that we have missed some central, unifying truth in the gospel?

I met Marv Sauers in 2006 a couple of years before he died. He was 80. He had been a pipeline technician (or engineer, I’m not sure what his job would be today) in northern Minnesota. He fought in World War II. He grew his own tomatoes and shared them with friends. (He grew and shared zucchini too, but—let’s face it—everyone who grows zucchini shares it.) We attended the same church, a nondenominational evangelical church near Hastings, Minnesota. He used to say that he was their token Democrat. When he died the church lost a little of its diversity. It became even more Republican.

I understand the need for a Credo. Without a statement of belief spelling out exactly what we stand for, the church could become a social club, standing for goodness in some unspecified way. Yet somewhere along the way being Republican has become a tacit tenet of evangelical faith. Why? It comes down to just one issue: abortion. Republicans are against it, and Democrats are for it. For many evangelical Christians, abortion is non-negotiable. If you are for it, it is like being for serial murder: you don’t deserve a voice in civil discourse about anything else. How can you vote for someone who favors killing babies just because they haven’t been born yet?

Yet there are plenty of liberal Christians who are also Democrats. They are brothers and sisters too. Some favor abortion—not, of course, because they favor killing babies—because they favor women’s autonomy. They see a world that wants to make childbearing the defining characteristic of women and use that characteristic to exclude them from full participation in other areas of life. Abortion may be an imperfect solution, but it is a solution within the control of the woman, and they favor letting a woman control her own destiny rather than letting others control it who do not have to bear the consequences of their decision. For liberal Christians, abortion is not a litmus test in the same way that it is for conservative Christians. It is one issue among many, not the one issue that defines a candidate’s—or a party’s—character. (It is plain, however, that a Democrat who opposed abortion would have as tough a time getting elected as a Republican who favored it. As with so many issues that divide America at present, there seems to be no middle ground, no room for imagining that those who disagree with you might have the best of motives instead of the worst.)

Our churches are as politically segregated as they are racially segregated. The same is true of economic class and, basically, any indicator by which we commonly self-segregate. The church is just like the world. The only difference seems to be that the Christians think they are better.

The reasons for this self-segregation are partly technological. In the first century, if you wanted to go somewhere, you walked. Everyone walked to synagogue. Everyone walked to church. Everyone walked to hear the latest theories discussed in the marketplace. If you went to church at all, you went to one that was nearby. For the same reason, people were more connected to their neighbors and communities. The people you lived near were the people with whom you worked, talked, celebrated, and worshiped. You were forced to get along with people who did not share your views. Our technology has made it possible to go to a church miles from where we live where the people are as like us as possible. Unless we deliberately seek out people who differ from us, we quite naturally drift into insular relationships that never challenge our prejudices about anything. Our churches even become adept at excluding difference merely by being unwelcoming to those who are not like us. This makes it possible to go to a church where you never encounter a dissenting political view to say nothing of different theological or philosophical views. We can go to a church where there are no feminists and talk about feminism as if it were hell’s agenda. Meanwhile across town a church of feminists is meeting and discussing how patriarchy is pure evil.

Somehow—and it can only be by conscious, deliberate effort—we have got to get out of our cocoons. We have got to accept that everyone who loves Jesus, no matter their theology or political party, is part of the family of God. I’m not suggesting we should not fight. Let’s fight among ourselves. Let’s bring to bear our best arguments and our strongest defenses. But let’s fight like brothers and sisters who love one another, not like warring camps who hate one another. Let’s open our minds and hearts to one another and learn that we might just possibly be wrong about some things.

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Let’s Get the Vote Out in 2018! #80in18

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One effect of complaining is that it diminishes our capacity to find effective solutions to the very problems we complain about. It leaves us “feeling helpless, hopeless, victimized, and bad about ourselves.” This is no good state of mind for taking positive action to change our situation. Yet we love to complain, and social media makes it not only easy but attractive to complain to those who agree with us. We trade complaints for affirmation from our friends that our complaints are justified.

A favorite source of our complaints is our government. We seem to forget that our government answers to us, that we live in a democratic republic where those who make and enforce our laws are our elected representatives. We, the people,—the voters in this republic—have the power to call our representatives to account. We act instead as if we have no power, as if our vote does not matter, as if we are helpless to change the things we don’t like.

During the last midterm election in 2014, about 40% of eligible voters actually took the trouble to cast a ballot. More than half of eligible voters did not think it worth their while to express their opinion about who would represent them in Congress, yet many of those same people complain bitterly about what Congress is doing now. To maintain our republic, we need much more than 40% participation from voters. Ideally, we want 100%, but that may seem unattainable. I propose we shoot for 80% turnout in 2018. I believe this is an attainable goal. If you agree, start using the hashtag #80in18 on Twitter and Facebook in any posts calling for the people to take back the government. We’ve tried letting special interests and corporate lobbyists run things for too long. It’s time for we, the people, to make our voices heard.

  • Vote your mind.
  • Vote your conscience.
  • Vote your values.
  • Vote your self-interest.
  • Vote your party.
  • Vote for the most reasonable candidate.
  • Vote for the most passionate candidate.
  • Vote for the best-looking candidate.
  • Vote against the candidate you don’t like.
  • Vote against sexism.
  • Vote against racism.
  • Vote for the status quo.
  • Vote progressive.
  • Vote so you can complain.
  • Vote according to whatever criteria you deem important.
  • Vote!

Don’t just vote. Encourage others to vote. Whenever one of your friends complains about the government, ask them how they voted. If they say they didn’t vote, refuse to listen to their complaints. Ignore political ads and do your own research. You can find resources about how your representatives have voted and what positions they have taken on issues you care about here, here, and here. In the Internet age, there’s no excuse for voter ignorance.

If you want to make a difference beyond your vote, consider ways you can help. Volunteer to help unregistered citizens register to vote. Research early voting and absentee voting laws in your state and work to change them or help others navigate the system to make sure their vote counts. Offer rides to the polls on election day. Join a political party or an issue-oriented political action committee. Write and call your representatives about the issues you care about, especially before important votes are scheduled. Write letters to the editors of your local newspapers.

Don’t complain; do something. Make a difference. Vote!

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