Circus Mueller is Delayed

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The circus will be coming to town a week later, but not to worry, the show will go on longer and there will be many added attractions, including a full troop of 800-pound gorillas and an entire herd of 8000-pound elephants in the room. And once the balancing acts, the clowns and the ferocious beasts pack up and move on, America might find itself without a Democratic Party, or at least one it would recognize.

The circus is the testimony of Robert Mueller before the House Judiciary (extended to 3 hours) and Intelligence Committees (2 hours). The Democrats will aim to use Mueller’s words to finally achieve their long desired impeachment of Donald Trump. But is there anyone who’s not a US Democrat who thinks that is realistic? House Speaker Nancy Pelosi doesn’t seem to think so.

In order for the Dems to get their wish, Mueller would have to say a lot of things that are not in his report. It all appears to hang on the interpretation of his assessment that a sitting president cannot be prosecuted, which the Dems take to mean that there actually was a crime that could -or should- be prosecuted.

It’s not clear why the hearing was delayed from July 17 to 24, but don’t be surprised if it has to do with US District Judge Dabney Friedrich’s decision that Mueller must stop talking in public about a case that is in front of her, because his words might prejudice a jury. That is the case that Mueller brought in February 2018 against Internet Research Agency, Concord Management, their owner Yevgeniy Prigozhin (aka Putin’s cook), and 12 of his employees.

Mueller thought he could get away with presenting a case against them because they would not show up, but Prigozhin did hire a major law firm. Ironically, Friedrich has reportedly also decided that the lawyers cannot talk about the case to their own client(s). She hasn’t thrown out the case or anything, she’s simply told everyone including Mueller to stop discussing it in public.

 

So it’s quite possible that once the House Democrats figured this out (the decision stems from May 28 but was unsealed only on July 1), they had to change strategy. Mueller has been barred from saying a single word about it, including in the House.

In his report, Mueller tried to establish a link between the Russian firms and the Kremlin, but never proved any such link. They are accused of meddling in the 2016 election through emails and social media posts, an accusation that looks shakier by the day.

With that part of his report out of the way, what is left for him to talk about? He himself already gave up on the whole collusion narrative, which would appear to leave only obstruction. Well, there’s the Steele dossier, but with John Solomon blowing another gaping hole in ityesterday, that may not be the wisest topic to discuss on the House floor. By now, only the very faithful still believe in the dossier.

The Republicans surely don’t, and they also happen to be House members, and get to ask questions of Mueller on the 24th. The spectacle last night where Nancy Pelosi insisted on calling Trump a racist was nutty (you don’t do that in the House), but the Mueller hearings promise to be much much more nuts still.

 

In the background a second investigation is playing out: DOJ IG Michael Horowitz has been probing if DOJ or FBI officials abused their powers to spy on the Trump campaign. His report has been delayed, if reports are correct, because Christopher Steele at the very last minute agreed to testify. Those talks apparently were long and detailed. Wonder what he had to say.

And there’s a third probe too: AG Barr has tasked John Durham, the US attorney for Connecticut, to follow up on the Horowitz report and look at whether officials at the CIA, the NSA, and/or foreign intelligence agencies (think MI6), violated protocols or statutes.

That case is about whether the FISA court was misled to secure a warrant to put Trump campaign aide Carter Page under surveillance. It can also take a new look at the text messages between Peter Strzok and Lisa Page, messages that Trump tweeted about on Saturday: “This is one of the most horrible abuses of all. Those texts between gaga lovers would have told the whole story. Illegal deletion by Mueller. They gave us “the insurance policy.”

The deletion reportedly may have been accidental. But it does set the tone. The door is wide open for the Republicans to go after Mueller. And he knows it, always has. He never wanted the hearings, he said it was all in his report. But the Dems wanted more, they want Mueller to say Trump is guilty of obstruction (of a probe that perhaps should never have taken place).

Personally, I wonder whether a Republican congressman/woman will have the guts to ask Mueller why he refused to talk to Julian Assange, the most obvious person for him to talk to in the whole wide world. But since the GOP hates Assange as much as the Dems, I don’t have high hopes of that happening.

What they certainly will ask is when he knew his probe wasn’t going anywhere. And if that was perhaps as much as a whole year before he presented his report. The Dems will tear into Mueller looking for obstruction. Like: if Trump were not the president, would you sue him? Problem with that is none of this would have happened if Trump were just a citizen.

But I lean towards Ray McGovern’s take, who says that the circus may not come to town on July 24 either. Because there’s no there there (something Peter Strzok himself said about the Steele dossier), and because the Dems know this is their last shot at glory. And the GOP doesn’t mind another week or so of preparation.

Since the Democrats, the media, and Mueller himself all have strong incentive to “make the worst case appear the better” (one of the twin charges against Socrates), they need time to regroup and circle the wagons. The more so, since Mueller’s other twin charge — Russian hacking of the DNC — also has been shown, in a separate Court case, to be bereft of credible evidence. No, the incomplete, redacted, second-hand “forensics” draft that former FBI Director James Comey decided to settle for from the Democratic National Committee-hired CrowdStrike firm does not qualify as credible evidence.


Both new developments are likely to pose a strong challenge to Mueller. On the forensics, Mueller decided to settle for what his former colleague Comey decided to settle for from CrowdStrike, which was hired by the DNC despite it’s deeply flawed reputation and well known bias against Russia. In fact, the new facts — emerging, oddly, from the U.S. District Court, pose such a fundamental challenge to Mueller’s findings that no one should be surprised if Mueller’s testimony is postponed again.

And I was serious when I said before that once the Mueller hearings are done, “America might find itself without a Democratic Party, or at least one it would recognize”. Because if and when the Mueller circus fails to provide the impeachment dream (try elections!), where are they going to go, what else is there to do?

They’ve been clamoring for impeachment for collusion (big fail), for obstruction (Mueller wouldn’t have it) and now racism, but that is merely based on interpretation of tweets. Nancy Pelosi wrote about ‘women of color’, not Donald Trump.

America needs a strong Democratic party, and it certainly doesn’t have one right now. The Dems should be calling for an end to regime change wars, that is a popular theme among their voters. But they don’t, because guess where their money comes from. They are in a very deep identity crisis, and Trump just has to pick them off one by one. They should look at themselves, not at him. Do these people ever do strategy?

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