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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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abuse of power America current events politics quick thoughts

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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Brother Shadwick

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When I was about 14, my family started going to a new church. It was still an Assembly of God church, but it was not the one in Columbus, Ohio we had been attending. This one was in Delaware, about the same distance but in the opposite direction. We were living near Sunbury, Ohio at the time. I don’t remember why we switched churches, but I think it had something to do with our former pastor leaving. The church in Delaware was small, maybe 35 or 40 members, so when the 10 of us started going, of course we were going to have an outsize impact. The pastor, Brother Moore was a young, sincere man, and the congregation was made up mostly of middle aged and older folks. I’m sure our family alone doubled the number of kids attending.

Fifty years ago, churches had Sunday School followed by Worship Service every Sunday morning. Sunday School was a time of instruction, mostly for teaching kids, but most churches of my acquaintance also had adult Sunday School classes, but the folks who attended were mostly people with kids who were bringing them to be taught. The format was usually less formal than public school. Classes were small. There were often kids from 3 or 4 grades mixed together. Still, you were expected to listen to the teacher teach, not interrupt or talk in class, and generally behave yourself. At 14 I was really good at that, having attended church since before I could remember.

My Sunday School teacher at Delaware Assembly of God was a man in his 40s named Brother Shadwick. (In the Assemblies of God of my youth, every adult was either Brother or Sister from the pastor on down.) Brother Shadwick was short but wiry; he looked like a fighter with close-cropped hair, big ears and a bulbous nose, thick lips, and one of those sallow complexions that would go beet red when he got angry. He proved also to be proud and ignorant, always a dangerous combination.

Our class was in a small room off the fellowship hall. There couldn’t have been more than four or five of us. I don’t know if Brother Shadwick took an instant dislike to me, or if it was our first skirmish that made me his enemy. The lesson that day was about Jesus calming the storm on the Sea of Galilee. Brother Shadwick was trying to set the scene. He told us that fishing boat Jesus and the disciples were in was very small, about the size of a row boat.

I raised my hand.

“It must have been bigger than a row boat,” I said. “It held Jesus and twelve disciples and their fishing gear. Jesus fell asleep in the prow. How could he sleep in the prow of a row boat?”

Brother Shadwick looked daggers at me. He stopped the class and had us all bow our heads. He prayed that God would forgive my sins and overcome my rebellious spirit. I was embarrassed, of course, but I also knew that I was right and the Brother Shadwick was wrong. Rather than admit to being wrong, he had treated me as if I had done something shameful. I knew I was not rebellious. In fact I was a compliant child, and I resolved to keep my mouth shut unless I was called upon.

I don’t want to give the wrong impression. I was a 14-year-old boy. There is no other age when boys are more obnoxious. I was certainly not immune. I was no doubt tactless and cocky. But I was not interested in how he felt having his word questioned by a mere boy. I was interested in truth, and it mattered to me that he was changing the story to suit his own preconceptions. But after that incident I was wary.

Some months later another incident occurred. Our class had been combined with another, and we now met in the fellowship hall where there was more room. My younger sister, Lani was in the class. There may have been as many as a dozen students. This time the lesson was from Jonah. The story of Jonah is bizarre even compared to other Old Testament stories. The feature most people remember is that Jonah was swallowed by a whale and survived inside it for three days, but that is not what makes it truly bizarre. Taken as a whole, it is a story about the compassion of the God of Israel for people who were not Israelites, who were in fact enemies of Israel. The last sentence, which God addresses to Jonah as a question, makes the point explicit:

And should I not have concern for the great city of Nineveh, in which there are more than a hundred and twenty thousand people who cannot tell their right hand from their left—and also many animals? (Jonah 4:11)

Brother Shadwick claimed that this meant that the people of Nineveh were savages, unable even to tell their left hand from their right. He compared them to people living in mud huts, eking out a living at subsistence farming. Sitting there listening, I kept thinking, “I’m not going to say anything. I’m not going to say anything.”

Then Brother Shadwick looked straight at me and asked, “Isn’t that right?”

What could I do? I pointed out that Nineveh was the capital city of the Assyrian empire, that they represented the dominant political power in the region at the time, and that the verse probably referred to children rather than to the entire population of the city. Brother Shadwick turned red. My sister rushed from the room to find our mom or dad. I found out later that she thought he was going to hit me. He did come toward me and stand over me. But he did not lay a hand on me. Instead he resorted once more to prayer for my rebellious spirit because I had dared to know more than he knew.

I do not know what resources Brother Shadwick turned to when he was preparing his Sunday School lessons. Perhaps he thought, as many people still think today, that he needed no resources but his own understanding to make sense of stories that were hundreds of years old. I was not so self-assured. My family had encyclopedias, bible dictionaries, study bibles, and alternate translations. When I read the bible, I referred to those resources to help me understand. I still use such helps when I read the bible.

Two more incidents help illuminate Brother Shadwick’s character. Both occurred shortly before my family left the church. The first was that Brother Shadwick got into a fight with a co-worker and was badly beaten. His nose was broken, and he came to church with his face heavily bandaged. He sued his attacker and lost. The judge decreed that Brother Shadwick had provoked his attacker, so no compensation was due. The second was a confrontation between Brother Shadwick and a new pastor who had come to set make things right at the church. I don’t remember what it was about. I just remember Brother Shadwick standing nose to nose with the pastor, flushed with anger, his hand balled into a fist and spitting his words between clenched teeth. He still had bandages on his nose. The pastor regarded him with absolute calm but refused to back down. We left that church, and it closed for good not long after.

Some people would have been soured on church forever by these incidents, but I was fortunate in several respects. My parents knew me well. They knew I was not trying to cause trouble or show up Brother Shadwick in front of the class. They didn’t berate or discipline me for standing up to Brother Shadwick when he said things that revealed his own prejudices, especially when he asked for my opinion. I also knew that Brother Shadwick was not best representing the character of Christ in these episodes, so they did not make me question God’s goodness. Besides, I had my own relationship with Christ, and he sustained me even when others who also claimed to follow him misunderstood me. So I bear Brother Shadwick no ill will. I hope he has found peace and been delivered from his anger.

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