Mueller Investigation: Politics, Not Law Enforcement or Counterintelligence

Here’s what I’d be tempted to do if I were President Trump: I’d direct the Justice Department to appoint a special counsel to investigate Iran’s efforts to acquire nuclear weapons, including any Obama-administration collusion in that enterprise.

I would make sure to call it a “counterintelligence investigation,” putting no limitations on the special counsel — just as with the investigation that Special Counsel Robert Mueller has been unleashed to conduct into Trump “collusion” with Russia. That is, I would not restrict the prosecutor and investigators to digging for specified criminal violations. Or, indeed, any criminal violations. I’d just tell the special counsel, “Have at it” — with unbound authority to scrutinize the negotiations surrounding the eventual Iran nuclear deal (the Joint Comprehensive Plan of Action).

Would I really expect the special counsel to find that Obama officials conspired with the mullahs to obtain nukes for Tehran? No . . . but hey, as the “Trump collusion with Russia” crowd says, “You never know.” Meantime, under the guise of investigating this highly unlikely “collusion,” I’d want the special counsel to scrutinize closely any variances between what Obama-administration officials were telling Congress and the public about the negotiations and what they were telling the Iranians; to probe any side deals the administration agreed to but failed to disclose to Congress; and to consider whether any laws or policies were violated in such matters as President Obama’s payment of a cash ransom in exchange for American hostages held by Iran.

Why would I do this? Well, because I disagree with Obama-administration foreign policy, of course. Under the Mueller “collusion” precedent, it is evidently now American practice to criminalize foreign-policy disputes under the pretext of conducting a counterintelligence investigation.

It is difficult to come to any other conclusion based on the guilty plea that Mueller just pried out of Michael Flynn.


Let’s think about what has happened here.

The Justice Department did not, as the pertinent special-counsel regulations require, identify specific crimes it suspected had been committed by Trump-campaign officials. Deputy Attorney General Rod Rosenstein disclosed no factual predicate calling for a criminal investigation from which Trump’s Justice Department would be ethically required to recuse itself.

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