Mueller Lays an Egg

Gary Fouse
fousesquawk
http://garyfouse.blogspot.com


I watched almost all of the two House hearings today with Robert Mueller testifying. If you watch the talking heads of Fox, CNN and MSNBC, you might think they were all watching different hearings. Fox is calling it a huge Democrat thud while CNN and MSNBC are reduced to talking points and the fact that Mueller did not exonerate Trump-as if that has any legal meaning, which it doesn't.

Everybody is pretty unanimous that Mueller's appearance and performance was pathetic. I don't say this to condemn him; he has had a distinguished life and career. Most everyone agrees, however, that he did not acquit himself well today. He did not appear prepared or even well-acqauinted with his own report.

Mueller had always stated that he would not go beyond what was in his report, and he tried to stick to that, declining to answer many questions from both sides. "I can't get into that," was his standard response. (Often, he was justified in not answering certain questions, at other times, he refused to answer questions about points in his report.) He appeared, old, tired, and and times, confused and not up to speed on his own report. In short, the Democrats did not advance their case against Trump.

During the morning session with the House Judiciary Committee, Mueller appeared to confirm to Rep. Ted Lieu (D-CA) that he did not bring charges against Trump for obstruction because of the DOJ opinion  that a sitting president could not be charged with a crime. Then, in his opening statement to the Intelligence committee, he made a point to correct that and state that the decision not to charge was made independantly of that consideration.

Congressman Jim Jordan (R-OH) made what appeared to be some good points concerning one Joseph Mifsud and his role in pumping Trump campaign aide George Papadopoulos for information and then lying to the FBI. In March 2016, Mifsud, a Maltese academic, met Papadopoulos in London and told him that the Russians had dirt on Hillary Clinton. It was Papadopoulos' reported statements about that to an Australian diplomat a month later that launched an FBI probe that eventually resulted in Papadopoulos pleading guilty to lying to FBI agents. Jordan asked why Misfud was never charged with lying to the FBI while Papadopoulos and Michael Flynn were. Mueller would not answer.

The talking heads at CNN and MSNBC are making a big deal over the fact that Mueller did not exonerate Trump. The Republicans effectively brought out in the Judiciary hearing that it is not a prosecutor's job to exonerate. A failure to exonerate has no legal meaning because a prosecutor either charges or not. If no charges are brought, it is improper for a prosecutor to add that he or she was unable to exonerate. If you don't bring charges you say nothing. It is not Trump's or anybody else's burden to be exonerated of charges. In other words, innocent until proven guilty.

The mainstream media is also praising Mueller for strongly reaffirming that there was Russian meddling in our election, that it was not a hoax, and his investigation was not a witch hunt. I will agree with them and Mueller that the Russians did meddle; that was not a hoax. What was a hoax was the charge that Trump colluded with them. As for the witch hunt charge, that was not effectively refuted by Mueller today.