The Disingenuity of Robert Mueller

The consensus that has emerged from Mueller’s statement his that rather than indict the President, he has given Congress a mandate to pursue impeachment. This allows Mueller to present himself like an institutionalist, suggesting that our Constitutional processes can kick into gear and right the wrongs of the Trump campaign administration. The problem with this ostensibly patriotic notion is that anybody who has been paying attention knows that congress will never remove Trump from office because there will never be 67 votes in the GOP controlled Senate to convict him. Thus, by pushing the responsibility to Congress, all Mueller really accomplishes is to create a political conundrum for Nancy Pelosi, the Speaker of the House and leader of the Democratic Party in Washington. If Mueller was not aware of this, it is not because he eschews politics, but because he is appallingly ignorant. For that reason, it is likely he was aware of the consequence of what he was doing, which raises the question of why he did it.

How the Media Misplayed the Mueller Report

In the years since the 2016 campaign, various media figures and institutions, including the New York Times,haveapologizedfor their shoddy coverageof that election and of Donald Trump. The gist of these sentiments have been that media outlets made a mistake by allowing themselves to be pulled like moths to the flame that was Donald Trump’s strange, unconventional and sensational candidacy, while failing to give enough coverage to his primary opponents and creating a false equivalency between Trump’s scandals and those related to Hillary Clinton. Despite these mistakes, most of the media similarly botched their coverage of Attorney General William Barr’s letter to congressional leaders summarizing the final report by Special Investigator Robert Mueller.

After the Mueller Report

The Mueller report is an important historical document that scholars will study closely in future decades, but as a political document it was always going to going to have a limited impact. Based on the indictments and information we have learned in the 20 months of the investigation, it is clear that Trump had, at the very least, an untoward relationship with Moscow that should make any American, regardless of party, deeply concerned. It was also clear that even if the report had called for indicting the entire Trump family, Trump’s Tweets about “witch hunts” and “no collusion” were going to be believed by the third or so of the American people that are now his praetorian guard.

#ReleasetheBots

In Trump’s America, this is the no longer out of the ordinary, but it reveals that the erosion of American political institutions and the American people’s confidence in those institutions is not a peripheral effect of the Trump presidency, but is indeed the goal of the Trump presidency. The Nunes memo was an effort to discredit the FBI, Robert Mueller and indeed the rule of law in America. This may be essential for the survival of the Trump administration, but the impact on American democracy, and the American state, will be profound.

Trump's Christmas Non-Surprise

Through a relatively steady drumbeat of accusations of partisanshipbehind the scenes shenanigans and consistently lying to the American people, the Trump administration, mostly with support from the Republicans in Congress, has largely defanged the Mueller investigation. Mueller may or may not be fired, but it probably does not matter. If he is fired it will not be the major paradigm shifting event that many hope. Instead, it will be a two day story. If Trump, or a subordinate at the Department of Justice, fires Mueller on December 22nd, America will be talking about something else by New Years Day at the latest and perhaps by Boxing Day. If Mueller remains in his position, any further indictments, findings or statements will be mostly grist for the partisan mill that is Washington.

Why Mueller's Findings May Not Have an Impact

The shift among many on the right from disagreeing with the opinions or reporting slant of The New York Times, The Washington Post or CNN, to seeing any negative story in those outlets as simply not true is the cause of this and deeply threatens not just our democracy, but the future of a unified and cohesive US as well. This has not happened by accident, but as the result of concerted effort by the Trump team done with the support and encouragement of the rest of the Republican Party. We see this every day when Sarah Huckabee Sanders questions the veracity and the motives of an article or report she doesn’t like or when Donald Trump sends out a Tweet with the words “Fake News,” frequently in all capitals. As long as this continues, the Mueller investigation, almost regardless of what it turns up, will move very few voters or members of Congress and change very few minds.

Two Impeachment Misunderstandings

Despite the fear of a President Pence being somewhat overblown, those hoping for a combination of Mueller indictments and a big Democratic win in 2018 to combine to save us must consider what impeachment would mean for the country. One of the unique characteristics of the Russiagate scandal, which is the most likely series of events that could potentially lead to impeachment, is that none of the news we are hearing now is actually news. While some details are new and Robert Mueller III is doing a great job of connecting the dots, the evidence of Russian meddling in our election with the knowledge of the Trump campaign was present well before the election. In fact, the GOP leadership was briefed about this in fallof 2016.

Donald Trump’s Strategy of Never Ending Distractions

While the Trump presidency, desperately tries to present itself as normal, advocates of restoring democracy must recognize that this struggle is going to be difficult, and potentially take a long time. No special counsel, even one with Robert Mueller’s impressive credentials, is going to bring this presidency to a premature end absent political pressure from Republicans in Congress. Similarly, while the 25th amendment solution is attractive, simple and neat, it is very unlikely to happen until the political climate changes significantly. For these, or any other approaches, to reign in the excesses of the Trump presidency, and perhaps the presidency itself, extreme vigilance is essential even when there is a shiny object in the Middle East or elsewhere.