It is too early to make a decision on whether or not the outcome of the Mueller investigation will be fair to President Trump. However, it isn’t too soon to take the temperature of the “fairness” of the investigation.
[Source: Mueller has shrewdly ‘stacked the deck’ against Trump, by Gregg Jarrett]
While there is still no evidence presented to the American people that a crime has been committed by anyone in the Trump campaign team, there is every reason to believe an indictment will be handed down by the Mueller investigation.
Why is that ask you? Because, answer I, a Grand Jury has been impaneled and, as the saying goes, a prosecutor can get a Grand Jury to “indict a ham sandwich.”
I have great respect for the law, but must say that I have misgivings about Grand Juries. Nothing that I can see makes them “Grand.” Let’s look at a few facts through an admittedly jaundiced eye:
- Mueller had already impaneled a Grand Jury in Virginia.
- He subsequently impaneled a second Grand Jury in Washington, DC.
- The president garnered a scant four percent of the vote in Washington, compared to Hillary Clinton’s 93 percent. Ergo, the odds are 23 to 1 that impaneled jurors will not be Trump supporters
- Defense attorneys are not allowed inside the Grand Jury deliberations.
- The process permits no adverse party to challenge the truth and credibility of witnesses via cross-examination.
- There are no enforceable rules of evidence in a grand jury.
- Inadmissible hearsay or double-hearsay “evidence” can be presented with impunity.
- Unauthenticated documents can be presented.
- Prosecutors are free to present only incriminating evidence, to the exclusion of exculpatory evidence.
I was surprised to learn that this archaic system is still in operation in only two countries, the United States and Liberia! Wow! Right up there in the company OF LIBERIA!
Let’s look at a few additional facets of the Mueller investigation:
- Chief U.S. District Judge Beryl Howell presides over: 1. decisions on grand jury subpoenas; 2. witness testimony; 3. executive privilege; and 4. possible 5th Amendment assertions.
- She was appointed by President Obama.
- She worked for former Attorney General Loretta Lynch.
- She worked for Andrew Weissman, one of Mueller’s top staff lawyers.
- She and Weissman co-authored a scholarly law article that explored obstruction of justice.
Moving on to the lawyers:
- Of the 14 lawyers retained by Mueller thus far, eight have donated to Democrats. None has contributed to Republicans.
- One was a lawyer for the Clinton Foundation.
- Rod Rosenstein, the Deputy Attorney General and the man who HIRED Mueller authored the memo advising President Trump to fire FBI Director James Comey. In any obstruction case arising therefrom, Rosenstein would be a prosecutor, investigator and witness all rolled into one.
Finally, Mueller has a close relationship to the key witness, James Comey.
For all I know every lawyer and member of the Grand Jury has the judgement of Thomas Aquinas and the fairness of Solomon. But it doesn’t look like that is likely to be the case.