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Above the Law: The Inside Story of How the Justice Department Tried to Subvert President Trump
Townhall.com ^ | May 19, 2020 | Matthew Whitaker

Posted on 05/19/2020 2:58:30 AM PDT by Kaslin

Editor's note: The follow is an excerpt from, "Above the Law: The Inside Story of How the Justice Department Tried to Subvert President Trump."

It was politically risky for the President to fire the FBI Director during an investigation of the 2016 campaign, but I admire Donald Trump for taking bold action because he thought it was the right thing to do. What’s politically expedient isn’t always the right decision, as history shows. Left in power, Jim Comey might have become the next J. Edgar Hoover, pursuing his own agenda and acting above the law, and the Deep State—the “permanent government” and the Washington establishment—would have felt even more empowered and entrenched than it already is. 

There is nothing criminal about a President’s exercising his Article II powers to fire an FBI Director. And if the President was not a party to a crime, then he couldn’t be obstructing justice by firing someone in his chain of command. But Deputy FBI Director Andrew McCabe seized on Comey’s firing as a justification for making President Trump himself an investigative target in a criminal investigation. I still can’t figure out how Andrew McCabe took these two facts (the legitimate firing of James Comey and the ongoing investigation of the Trump campaign) and arrived at the conclusion that he should target the President in a criminal investigation. To do so assumes that the chief executive, exerting his constitutional authority, has committed a criminal act because you personally might disapprove of his action or his politics. 

The appointment of Special Counsel Robert Mueller continued Comey and McCabe’s criminalization of the legitimate political actions of the President. Despite finding no evidence of the President or his campaign’s colluding with the Russians, Robert Mueller and his investigators could not let their report go without trying to use it to continue to cast a cloud over the President, making the report itself a political act under the guise of a legal investigation.

“If we had had confidence that the President clearly did not commit a crime, we would have said so,” Mueller declared when he resigned from the Justice Department two months after I did, in what CNN described as a “rare and remarkable” public statement. “We did not, however, make a determination as to whether the President did commit a crime. . . . The Constitution requires a process other than the criminal justice system to formally accuse a sitting President of wrongdoing.”

“Mueller: Trump Is Not Not a Criminal,” New York Magazine’s Jonathan Chait eagerly translated for his left-wing readership. “So Mueller can’t explicitly say he would have charged Trump with a crime if he could have, and he also can’t explicitly tell Congress to impeach the President. Instead he’s heavily hinting at both points.” If he was hinting at both points, he was doing so at odds with what his own staff had told us about the lack of evidence.

House Judiciary Committee Chairman Jerrold Nadler didn’t need hints or even explicit instructions from Mueller. He was eager to impeach President Trump regardless of whether there was criminal evidence or not. “Given that Special Counsel Mueller was unable to pursue criminal charges against the President, it falls to Congress to respond to the crimes, lies, and other wrongdoing of President Trump— and we will do so.”

The impeachment of Donald J. Trump orchestrated by Jerrold Nadler and Adam Schiff was a foregone conclusion from November 7, 2018, the day Democrats won control of the House. Right up until December 2019, they considered mining the Mueller report for evidence of criminality for which to impeach Trump.

Was Trump’s alleged desire to fire Mueller evidence of obstruction of justice? Were his alleged orders to White House Counsel Don McGahn, which McGahn ignored, obstruction of justice? Were his alleged attempts to limit the Mueller investigation by requesting that a private citizen, Corey Lewandowski, ask Attorney General Jeff Sessions to call the investigation “unfair” and put guardrails around future expansions of it, an obstruction of justice? And what about what he said to Paul Manafort about not “flipping” or “breaking”?

The fact is, none of these allegations, if true, amounts to obstruction of justice; in no case was there evidence of criminality. Yet the Mueller Report’s second volume trotted out all these politically toxic, real or alleged statements made by President Trump—all well within his Article II powers as President—and insinuated they were criminal without recommending criminal charges. Mueller declined to make a “traditional prosecution decision,” which only meant he most likely wanted to leave an impression of criminality even though he had no evidence to prove it. There was no there there, but he refused to admit it.

Because there was no legal weight in Mueller’s bizarre essay on obstruction of justice, House Democrats finally opted not to impeach President Trump for “obstruction of justice,” but for two other things: “obstruction of Congress” (a separation of powers argument for the judicial branch to decide, not sitting members of Congress), and, quite foolishly, “abuse of power.” “Obstruction of Congress” is not a crime; the executive and legislative branches of government are, as every civics student used to know, separate and equal; the Constitution intentionally set them in tension and opposition to each other. And I hate to break it to the impeachment-happy Democrats, but “abuse of power” is not a crime either.



TOPICS: Culture/Society; Editorial; Government
KEYWORDS: doj; donaldtrump; jamescomey; robertmueller

1 posted on 05/19/2020 2:58:30 AM PDT by Kaslin
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To: Kaslin
Matthew Whitaker succeeded Jeff "Feckless" Sessions as the Attorney General of the United States.

What did he accomplish during his short tenure?

How many Dept of Injustice and Federal Bureau of Injustice criminals did he indict for their crimes? How many former Obama traitors did he charge with crimes?

ZERO!

Now he writes opinion pieces about what a baddy Mueller was.

Gee, thanks Matt. What would we do without you?


2 posted on 05/19/2020 3:02:56 AM PDT by SkyPilot
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To: Kaslin

L8r


3 posted on 05/19/2020 3:03:48 AM PDT by preacher ( Journalism no longer reports news, they use news to shape our society.)
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To: Kaslin

Summary: There was no obstruction and there is no abuse.


4 posted on 05/19/2020 3:34:04 AM PDT by Lisbon1940 (No full-term Governors (at the time of election))
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To: SkyPilot
What do you mean he writes opinion pieces? This is his first op-ed.

He only served from November 7, 2018 to February 14, 2019. He was appointed to that position by President Trump after Jeff Sesssions resigned at Pres Trump's request. In other words he wasn't long enough there. Whitaker had previously served as Chief of Staff to Sessions from October 2017 to November 2018

In other words he wasn't long enough there do do something about it

5 posted on 05/19/2020 3:50:00 AM PDT by Kaslin
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To: Kaslin
What do you mean he writes opinion pieces? This is his first op-ed.

Yeah, he is now an op ed writer. He can add it to his resume.

In other words he wasn't long enough there do do something about it

From his own writing in this piece, he was there long enough to know that Mueller and Weissmann were committing crimes themselves.

And he did...…..nothing, except whine about it now that he is out of the DOJ.

6 posted on 05/19/2020 4:02:03 AM PDT by SkyPilot
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To: Kaslin

Real treason was committed here, as the conspiracy literally included and tasked foreign countries to help carry out a very real coup’detat, including parts of the fake “dossier” information turned over by Kremlin poc’s to Steele.

What Barr is really saying, is DOJ is not actually going after anyone.

For several reasons here is why everyone gets off.

All involved will ultimately get off, as they can credibly claim they were directed or ordered by Obama and Biden, who Barr has just stated he will not go after. (DOJ can’t go after anyone for crimes they were directed or ordered to make by their boss, if the DOJ isn’t going after the one in authority who gave the order!

Additionally, with the possible exception of treason, if any DOJ show token persons do go to prison, they will simply be pardoned by the next Democrat president.

Treason requires death, as America and liberty simply don’t survive, if that last firewall of worst case crimes cannot be prosecuted. If high crimes, treason, or sedition can be committed by heads of state, they simply become dictator or a real king, as all law and people are then subject to them.

Barr does not the stomach to carry through, so all will ultimately get off, and a more formal tyrrany will now rise.

Barr is telegraphing the opposite of justice, or defense of our legal system.

Ironic, as our Constitution and most important remaining legal firewall against absolute tyranny gets burned to the ground by a RINO AG under Trump.

Because the myriad high crimes have already taken place and are public, Barr is actually saying they aren’t going to do anything perceived as political, regardless of the fully exposed myriad of highly illegal and seditious and treasonous laws in play, which have been shown, and in some cases admittedly violated.

Rubber Meets The Road -

Yesterday, Barr was not even so cunningly trying to sound like he is all about justice.

He intends to continue directing the DOJ to NOT produce long standing FOIA request, and when forced by court order to finally comply with the non-classified documents, they will be heavily redacted documents, so to not further expose the left-wing global socialist DNC, nominal Republicans and globalist anti-American IC international Coup d’etat conspiracy!

It was not DOJ which brought the document dump in the last couple of weeks. It was DNI, and Barr and his DOJ were forced to drop Flynns case only after, and because of the external pressure and horrific exposure of the DOJ’s obfuscation.

Many conservatives are really not getting this.

Even though the POTUS gave cart’blanche permission to Barr to release all coup d’etat related documents right out of the gate, the opposite has happened.

Multiple law organizations have had to go through prolonged court proceedings, and even appellate courts, just to get un-necessarily heavily redacted un-classified DOJ docs from Barr’s people at DOJ!

How is this not Barr’s own DOJ cover-up, when His boss wanted the information released, but gave Barr the requested room to do it in such a way as to make sure no “potentially classified” or “p & p” information was exposed ?

What we have seen in the FOIA court cases already, after the DOJ M.O. rounds one and two, when redactions were finally removed, was not classified at all, but rather just FBI/DOJ criminal cover-ups of falsely claimed classified material, of further criminal behavior.

These are not little matters by themselves. At the end of the day, this is Barr himself, clearly running interference, and even being willing to direct his DOJ to lie to courts about falsely claimed classified material, and so far with further impunity!

And it has happened multiple times!

Like Sessions, Barr has completely tossed out multiple cases of high level, flagrantly felonious law breaking since he has been AG. He hasn’t done this for average Americans, but for leftist elites, and agency elites.

Rosenstein, McCabe, Peter S, Lisa P, Comey, and others have been totally let go, and not actually for little crimes either, as has been falsely and near universally reported by the majority of “conservative” alternative sources.

Like Graham, Barr is again, sounding like a person out for justice, but he is really just necessarily acting to quiet down and divert the pressure coming from conservatives, who are calling for defense of our justice system and our nations laws, to save our country and our childrens liberty.

This is Trojan strategy, and many are falling for it.

And we are not even touching on Barrs “all in” federal crimes cover-up history, working with multiple administrations.

The only way to save our country, and our liberty is exactly what ACLJ has been yelling from the rooftops for years, and that is for President Trump to appoint an outside independent counsel, with authority - And really acting through a more just, yet legitimate Federal Court District.

This is not far fetched at all, as many of the crimes are tied to the Clinton Foundation, which is in a district which spans portions of Texas and includes Arkansas (HQ of CF), and much more. And there financial crimes have been tied to individuals in at least 42 states, and 21 countries. DC, NY, New Jersey, New England do not have to be the Fed Court jurisdictions utilized.

Justice needs to be done in all this, or we really are finished, and liberty ends on our watch.

Whoever acts to stop justice for the sake of political expediency, is an absolute traitor.

And it does not matter what branch, party, or individual, period.

Barr is using Trumps trust to salvage the treasonous coup’detat traitors, and their yet ongoing efforts.


7 posted on 05/19/2020 4:11:47 AM PDT by patriotfury ((May the fleas of a thousand camels occupy mo' ham mads tents!))
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To: Kaslin

Bkmk


8 posted on 05/19/2020 5:05:09 AM PDT by sauropod (Quarantine is when you restrict sick people, tyranny is when you restrict healthy people.)
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To: Kaslin
Ah, yes, the one hit wonders show up here as well to
whine and moan that "nothing has happened" and "nothing
is going to happen", not realizing that vast swaths of Freeperdom
can't wait to shove crow pie in their face when
something does eventually happen. LOL
9 posted on 05/19/2020 5:51:39 AM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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To: patriotfury
Yes, we should all just lie down and die, because no matter what we do, the conspiracy is so deep and convoluted we can not have any effect./s

We have been having considerable effect.

President Trump is having considerable effect.

The power of the Deep State is in the progressive media, which used to control the information flow.

They have lost that ability.

10 posted on 05/19/2020 5:54:27 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: Kaslin
Right up until December 2019, they considered mining the Mueller report for evidence of criminality for which to impeach Trump.

The Democrats, "committee to impeach" petitioned the Supreme Court yesterday to release the Grand jury materials from the Mueller investigation. Not right up until, they are continuing the impeachment fiasco.

11 posted on 05/19/2020 6:01:52 AM PDT by thirst4truth (America, What difference does it make?)
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To: Kaslin; SkyPilot

I saw Whittaker on Fox a few times. He did little but carry water for the Deep State. Defended the Flynn prosecution, etc. I’d take anything he says while trying to sell a book with a huge grain of salt.


12 posted on 05/19/2020 6:03:02 AM PDT by lodi90
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To: philman_36

“not realizing that vast swaths of Freeperdom
can’t wait to shove crow pie in their face when
something does eventually happen.”

Don’t crank your Easy Bake Oven up just yet, Skippy. Because it ain’t “when”, it’s “if”.

L


13 posted on 05/19/2020 6:37:15 AM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
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To: Kaslin

bump


14 posted on 05/19/2020 7:15:39 AM PDT by Albion Wilde ("Some of these people, I met them -- zero interest, Okay? Like zero." -- Donald J. Trump)
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To: Lurker
Because it ain’t “when”, it’s “if”.

You prove my point even further.

15 posted on 05/19/2020 5:06:14 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty and supped with infamy. Benjamin Franklin)
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