Robert S. Mueller III was appointed Special Counsel "To Investigate Russian Interference with the 2016 Presidential Election and Related Matters" as ordered by Rod J. Rosenstein, Acting Attorney General (Order No. 3915-2017, dated May 17, 2017).
Rosenstein acted for the Attorney General Jeff Sessions who had recused himself from the “Russian” interference matters.
On July 13, 2018, the national news-media, the Democrat party, and assorted fringe political parties celebrated the indictment of Russian nationals, believing Mueller is closing in on President Trump.
Mueller and his team had a Grand Jury return a 29-page indictment of 12 Russian nationals for allegedly violating federal criminal statutes including Aiding and Abetting (18 USC section 2) and Conspiracy (18 USC section 371) of several substantive federal criminal statutes.
This July indictment details the duplicity of the Russian Federation espionage efforts involving United States institutions and citizens. The Russians allegedly used fake names and numerous deceitful tactics to interfere with the 2016 elections nationally and locally.
An earlier Mueller indictment, dated February 16, 2018, of 13 Russian nationals and 3 companies alleged Aiding and Abetting and Conspiracy of substantive statutes by the individuals and companies beginning in 2014 through 2016. The indictment also dealt with 2016 election interference.
These two indictments of Russian nationals and companies appear to be so much foliage. There is very little hope of serving any of the named defendants with the indictments. There is no real expectation any Russian national will appear for trial. Mueller knows this.
One company, Concord Management and Consulting, named in the February indictment, did appear in Federal Court and entered a plea of “not guilty.” Concord’s attorneys accused the Mueller attorneys of pettifoggery (pettifoggery: gibbering over petty points or trifling disputes) (See: Daily Mail, May 6, 2018).
There is no question, the Mueller team was caught by surprise with the appearance of counsel for Concord M&C. Mueller likely never expected any defendant to respond. The attorneys for Concord M&C on May 14, 2018, in a Court filing said that Mueller’s indictment is a “make-believe crime” and the indictment was filed for political reasons (See: CNN, May 14, 2018).
The Court on May 23, 2018, granted a 90-day continuance as agreed to by both parties.
This continuance is an indication Mueller likely plans to conclude some part of his investigation by September, otherwise he must answer Concord’s discovery motions.
Indictments are mere allegations until proven in open court by trial before a Federal Judge with or without a jury. Mueller knows that a trial of these two indictments would expose the nation’s cyber capabilities, measures, and efforts. In addition, Mueller knows his witnesses have serious credibility problems — James Comey, Peter Strzok, John Brennan, James Clapper, to name a very few.
In 14 months Mueller has produced no indictments asserting any collusion between Russian government and the Trump campaign. Nor has he established any obstruction by President Trump of any Russian investigation.
Interestingly, the Russians were unable to hack the Republicans.
The Trump administration is saddled with the Obama administration’s failures, including the failures of James Clapper, Director of National Intelligence from 2010 to January 20, 2017, and John Brennan, Director of the CIA from 2016 to January 20, 2017, to detect Russian hacking.
Did Brennan and Clapper and their respective agencies know of the Russian hacking activity in 2014, 2015, and 2016 or before? If no, why not?
If yes, what did they do? Did they alert President Obama or the FBI in 2014, 2015, and 2016 of Russian hacking?
What part did FBI Assistant Director Andrew McCabe and FBI agent Peter Strzok play in the Russian indictments by Mueller?
Meanwhile, the news-media daily touts that Mueller has scored victories with 5 guilty pleas, 25 Russians and 3 Russian companies indicted, and Paul Manafort drowning in indictments filed by Mueller.
The 5 guilty pleas include small-time players, George Papadopolous, Richard Pinedo, and Alex van der Zwaan. Manafort compatriot, Richard W. Gates III, a.k.a. Rick Gates, has pled guilty to two counts. General Michael Flynn was forced by family and financial considerations to plead to one count.
None of the plea deals involve collusion or obstruction by Trump or his campaign (See: CNN, Oct. 30, 2017; Washington Post, Oct.30, 2017; Newsweek, February 16, 2018; New York Times, December 1, 2017; and The Wall Street Journal editorial, May 6, 2018).
Mueller’s team is heavily weighted with Obama, Clinton, and Democratic donor and activist lawyers. This may be of concern for a judge involved in a future Mueller indictment. (See: Fox News, May 17, 2018).
Any Federal prosecutor, past or present, would be ashamed to have spent 14 months and $22 million or more and only obtained 5 petty pleas by minor players in a major scheme to alter an election outcome.
Mueller’s criminal indictments date back to the Obama administration and the failures were by the Obama administration officials.
James H. Walsh was associate general counsel with the U.S. Department of Justice Immigration and Naturalization Service from 1983 to 1994. Read more reports from James Walsh — Click Here Now.
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