Undermining Democracy, GOP-Style

Brian Kemp is a disgrace. (Photo Credit: Office of U.S. Senator David Perdue/Flickr)

NoteSince this was originally posted, Andrew Gillum has refused to concede despite gaining only one vote in a recount, and Stacey Abrams has acknowledged defeat but isn’t calling it a “concession” and plans to file a federal lawsuit over mismanagement of the vote in Georgia. Bill Nelson’s hopes for a win via recount are also slim to none.

When it comes to the present-day incarnation of the Republican Party, always beware the shell game. 

Per Dictionary.com, shell game is defined as “a sleight-of-hand swindling game resembling thimblerig but employing walnut shells or the like instead of thimblelike cups.” If you’re familiar with the setup of three-card Monte, the logistics are essentially the same, only with cards instead of shells. Find the pea (or the Queen of Hearts) under the shell. Double-down on your ability to find it again. If you’re successful, you win big. If you’re not, the opposite happens.

With Donald Trump, Con-Man-in-Chief, working in cahoots with a party whose agenda seems increasingly predicated on deception—so that you don’t discover how bad their policies actually are for you or the country at large—this diversionary tactic is alive and well. Before your eyes, numerous issues await your attention, but energy/money/time being limited, you can only pick one on which to act at the risk of having all three suffer.

Concerning the events of the last week and change, three “shells” jump to mind being of national import, especially fresh after Election Day. All merit scrutiny as threats to democracy, and yet, there aren’t enough hours in the day.

That press conference

President Trump has had some stupendously bad press conferences during his tenure, but his post-election presser, if not the outright worst, ranks right up there. There’s a lot to unpack here, so let’s get to the nitty-gritty, shall we?

  • The great and powerful Republican Party: First things first, Trump started by lionizing the GOP’s “achievements.” Apparently, not losing control of the Senate and ceding control of the House qualify. At any rate, they were achievements because the Democrats had an unfair advantage in fundraising from special interests and wealthy donors and because the media is so gosh-darned mean to Republican candidates. Also, we had a bunch of retirements. But we had big rallies! And we did better than Obama! The country is booming! If the Democrats don’t screw everything up, we’ll all be united and thriving together!
  • On bipartisanship: With the whining about the Republicans’ handicap thus dispensed with, it was time for questions. First up, about that spirit of bipartisanship he and Nancy Pelosi talked about. Like, that’s not really going to happen, right? Especially with all the investigations expected to be going on and unless y’all compromise? Trump demurred on the issue. No, we’re totally going to be able to work together with the Democrats. Of course, if we can’t, they’re the ones in control of the House, so you know—their fault.
  • Oh, that border wall… We’re gonna build the wall. We’ve already started building it, in fact. Just try and stop it. The American people want it. The Democrats want it—they just don’t want to admit it. Fine by me. I’ll take the political capital and run with it. But the caravan is coming, ladies and gents. I can’t say for sure that I’d advocate shutting down the government for it. But come on—I totally would.
  • On the ever-tumultuous Cabinet: Trump is totally happy with his Cabinet. Good Cabinet. Great Cabinet. As long as no one suddenly displeases him, he has love for all. At this point, in a completely unrelated move, the President pushed a button revealing a pool of sharks underneath the floor and lowering a human-sized cage suspended above it from the ceiling. 
  • The Jim Acosta portion of the program: If there’s one moment of the press conference you heard about, it was likely this. CNN’s Jim Acosta, established persona non grata among Trump’s base, pressed Trump on referring to the migrant caravan in Central America as an “invasion.” Trump was all, like, well, consider it an invasion. Acosta was all, like, but that caravan is hundreds and hundreds of miles away and you’re demonizing immigrants by showing them climbing over walls, which they’re not going to do. And that’s when things got really interesting. As Trump settled into Attack Mode, Acosta tried to ask a follow-up question. Trump was all, like, you’ve had enough, pal. Nevertheless, he persisted, trying to ask about the Russia investigation. Meanwhile, a female aide tried to grab the mic away from Acosta, which he stifled with a “Pardon me, ma’am” and a hand on her arm. Before Acosta relented, Trump called the investigation a “hoax” and called Acosta a “rude, terrible person.” Fun times.
  • More about the Jim Acosta portion of the program: NBC News’s Peter Alexander came to Acosta’s defense as next reporter up—only to get harangued by the President in his own right—but the implications of this kerfuffle and the subsequent revocation of Acosta’s press privileges in covering the White House are serious. I don’t care what you think about Acosta personally, even if you feel he’s a self-aggrandizing hack. Judging by the smarmy attitude of other CNN personalities like Anderson Cooper and Chris Cuomo, elevated self-appraisals seem to be a fairly common occurrence there. I also don’t care what you think about Barack Obama’s frosty relationship with FOX News and the questionable treatment its reporters received at the hands of the Obama White House. On the latter count, two wrongs don’t make a right, and if Trump and Co. want to distinguish themselves, they should do it by being better and less petty—not the other way around. To that effect, squelching Acosta’s voice in a dictatorial way should be concerning no matter where you stand politically in the name of journalistic integrity and a free press. And let’s not start with the whole “Acosta assaulted that young woman” narrative. If you’re relying on a doctored InfoWars clip to make your argument, you already should take the hint you’re probably on some bullshit.
  • More on bipartisanship: After Jim Acosta was given the ol’ Vaudeville Hook, Alexander questioned Trump on why he was pitting Americans against one another. To which Trump asked back—and I am not making this up—”What are you—trying to be him?” He was referring to Acosta, of course. Even after what just happened, it was stunning. For the record, Pres. Trump gave a dodgy “they’re soft on crime” answer and suggested the results of the election would have a “very positive impact.” So, um, yay togetherness!
  • If the Mueller investigation is unfair to the country and it’s costing millions of dollars, why doesn’t Trump just end it? I’m posting the whole question here, because the President sure didn’t answer it convincingly.
  • On voter suppression: “I’ll give you ‘voter suppression’: Take a look at the CNN polls, how inaccurate they were. That’s called ‘voter suppression’.” Um, what?
  • On the individual mandate: You know, I could tell you what he said, but do you have any confidence that, regardless of how people feel about the individual mandate, Republicans have a plan in mind which will allow them to keep premiums down and cover preexisting conditions? Neither do I.
  • When all questions by women of color are “stupid” or “racist”: Speaking of three-card Monte, here’s a shell game within the shell game in which you get to pick which one is the most flagrantly dog-whistle-y. PBS NewsHour’s Yamiche Alcindor asked Trump about whether his claim to be a “nationalist” has emboldened “white nationalists” here and abroad. Trump said it’s a “racist” question. Putting aside the notion held by many that racism implies power and Trump therefore has no idea what he’s talking about in this regard, it’s a legitimate question. Trump pivoted to his overwhelming support from African-American voters—a fabrication, at any rate—but his lack of an appropriate response betrays his complicity on this issue.
  • More on denigrating black female reporters: While the dialog with Alcindor was the only such interaction with an African-American female reporter during the press conference, it’s not his only recent unflattering characterization herein. In response to a question by CNN’s Abby Phillip about whether he appointed Matthew Whitaker as acting Attorney General, he called her query “stupid” and opined that she asks “a lot of stupid questions.” As for April Ryan, Trump recently referred to her as a “loser” and someone “who doesn’t know what she’s doing.” If these comments were isolated incidents, one might be able to give Trump the benefit of the doubt. In such close proximity to one another and based on his track record, though, Trump deserves no such consideration. He’s attacking these women of color because he has a problem with being challenged by strong females and because it’s red meat to throw at his base.
  • Other odds and ends:
  1. Trump evidently can’t turn over his tax returns because he is under audit. This is complete and unmitigated bullshit.
  2. Trump likes Oprah. Even if she, too, is a loser.
  3. If anything is going to be done with DACA, it will apparently have to be dealt with in court. Whose fault is that? You guessed it: the Democrats.
  4. Trump claimed to have a lot of trouble understanding people from foreign news outlets. If there were anything to make him seem like more of the “ugly American,” well, this would be it.
  5. What did Trump learn from the midterm results? Seeing as he learned that “people like him” and that “people like the job he’s doing,” he obviously didn’t learn a damn thing.
  6. Will Mike Pence be Trump’s running mate in 2020? Yes. Glad that’s settled. Nice hardball question there.
  7. How will Trump push a pro-life agenda with a divided Congress? Like a mother trying to give birth, he’s just going to keep pushing—don’t you worry, evangelicals.
  8. Did China or Russia interfere in the election? The official report’s, as they say, in the mail.
  9. How can we enact a middle-class tax cut alongside the existing corporate/high-earner tax cut? With an “adjustment.” What kind of adjustment? Trump’s “not telling.” YOU HAVE NO IDEA. JUST SAY IT.
  10. Per “Two Corinthians” Trump, God plays a very big role in his life. He’s also a “great moral leader,” and he loves our country. On an unrelated note, a lightning bolt ripped through the ceiling during the press conference, narrowly missing Trump as he delivered his remarks.

Au revoir, Monsieur Sessions

Politics makes strange bedfellows. If you’re thinking how strange it is to be protesting the firing of Jeff bleeping Sessions, you’re not alone. Sessions’ aforementioned removal as AG in favor of Trump loyalist Matthew Whitaker—assuming he actually was fired and didn’t resign, though how would we know?—is not something that anyone feels bad about for Sessions’s sake. You make a deal with the Devil, and eventually, you expect to get burned, no? Given his profile as a notorious anti-drug dinosaur who infamously once professed that good people don’t use marijuana, some drug reform activism groups are even happy he’s gone.

Outside of this context, though, the larger partisan hostility toward Robert Mueller and his investigation matters. I’m not going to even get into whether Trump has the right to remove Sessions and replace him with someone like Whitaker who wasn’t confirmed by the Senate, or whether it matters if he was fired or if he quit. Honestly, these questions are above my ken as a citizen journalist.

If past statements are any indication, however, putting Whitaker in charge of the DOJ is suspect. The man didn’t exactly write the book on how to limit the scope of the Mueller investigation, but he did pen an opinion piece for Trump’s favorite news outlet on how it should be done. As with invalidating Jim Acosta’s White House press privileges (a move which has prompted another lawsuit against the Trump administration, mind you), such is a line the president should not cross, no matter what side of the aisle you’re on. As Americans, we should all be worried about the fate of the Mueller investigation as it comes to a head, and should implore our elected officials to safeguard the inquiry’s results. 

The ghost of the 2000 election

Oh, those hanging chads. It’s somehow comforting—and yet actually deeply, deeply disturbing—that not much has changed since the fracas surrounding the 2000 recount that captivated a nation and prompted cries of a “stolen” victory for George W. Bush. Then again, that Al Gore didn’t win his own state and that thousands of Florida Democrats voted for Bush puts a bit of a damper on pointing to these shenanigans and Ralph Nader as the only reasons why Gore lost. As with Hillary Clinton losing in 2016, alongside legitimate concerns about Russian meddling and James Comey’s untimely letter to Congress, it’s not as if strategic miscues or lack of enthusiasm about the Democratic candidate in question didn’t play a role.

Now that I’ve set the scene, let’s talk about 2018. There were a number of close races across the country this Election Day—some so close they still haven’t been certified or conceded. Depending on your views, some were either disappointments or godsends. If you were pulling for Beto O’Rourke in Texas, while you still should be encouraged, you were nonetheless dismayed to find that enough voters willingly re-elected Ted Cruz, famed annoyance and rumored Zodiac Killer. If you were pulling for Kyrsten Sinema in Arizona, meanwhile, you likely were over the moon once the race was finally called.

Of the key races not yet called at this writing, those in Florida and Georgia loom particularly large. In the Sunshine State, the candidates of both the race for U.S. Senate between Rick Scott (R) and Bill Nelson (D) and the race for governor between Ron DeSantis (R) and Andrew Gillum (D) are separated by less than half of 1%. Meanwhile, in the Peach State gubernatorial race, there are enough outstanding votes that Stacey Abrams (D) and her campaign are convinced they can force a runoff election based on the margin. 

In all three cases, despite the razor-thin vote disparities, Republicans have been quick to cry fraud or try to expedite certifying the results. Scott, with Trump throwing his own claim around wildly in support, has made accusations of electoral malfeasance without the evidence to back it up.

And this is just speaking about what has happened after the election. Leading up to the election, DeSantis caught flak for telling voters not to “monkey this up” by voting for Gillum, dog-whistling loud enough for racists across the Southeast to hear. Brian Kemp (R), meanwhile as Georgia Secretary of State, oversaw the purging of voters from rolls, the failure to process voter applications, and keeping voting machines locked up—all primarily at the expense of voters of color, a key Democratic constituency. 

Depending on how far back you wish to go, the antics of DeSantis, Kemp, and Scott are only the latest turn in a long-standing American tradition of voter suppression aimed at blacks. Carol Anderson, professor of African-American studies at Emory University, provides a concise but effective history of keeping blacks from the polls—by hook or by crook. We may no longer be threatening prospective voters of color with tar and feathers, but voter purges, closure of polling locations, and disenfranchisement of felons from being able to vote aren’t much of an improvement. This is 2018, after all. 

As Van Jones and others might insist, Kemp et al. can only win one way: by stealing. To put it another way, if these Republicans were convinced they had won legitimately, they wouldn’t need all the chicanery, subterfuge, and insinuations of impropriety. Even if they do prove to have the votes necessary to win, their conduct is a stain on the offices they have served or will serve.

Like it is with the White House’s revocation of Jim Acosta’s privileges following Trump’s press conference or the suspicious installation of Matthew Whitaker as head of the Department of Justice, the injustice here is such that it should, ahem, trump partisanship. Instead, our “winning is the only thing” mentality and emphasis on results over process all but ensures bipartisan inaction. 


Assuming a shell game is run fairly, the customer playing need only follow the correct shell amid all the movement. This itself might be a chore depending on how much and how fast the shells move. Going back to the Wikipedia entry on the shell game, though, there’s an important note about how, frequently, games of these sort are not on the up-and-up:

In practice, however, the shell game is notorious for its use by confidence tricksters who will typically rig the game using sleight of hand to move or hide the ball during play and replace it as required. Fraudulent shell games are also known for the use of psychological tricks to convince potential players of the legitimacy of the game – for example, by using shills or by allowing a player to win a few times before beginning the scam.

In other words, it’s a con. You’ve been following the wrong shell all along because the eyes deceive. In the context of President Donald Trump’s unbecoming behavior, his DOJ shakeup of questionable legitimacy, and the Republican Party’s stacking of the electoral deck, while all of these matters merit your justifiable outrage, they are yet a distraction from something else not even on the table. 

For one, shortly after the press conference, Trump issued a directive designed to halt asylum-seeking at our southern border. It’s a particularly problematic order, in that it appears to fundamentally misunderstand asylum law and makes it yet harder to apply for asylum than it already is. It’s also reactionary policy that overstates the dangers of the migrant caravan and illegal immigration in general, and further puts us out of step with international standards on safeguarding refugees/asylees.

This executive order comes on the heels of Trump’s stated desire to end birthright citizenship, another move which would be of dubious constitutional validity and subject to challenge in court by civil rights advocacy groups, not to mention having U.S. troops stationed at the border with Mexico. It’s easy to dismiss these as political stunts designed to fire up his base when you have no skin in the game, so to speak.

For immigrants and would-be applicants for asylum/visas, this rhetoric is more worrisome. Owing to our country’s poor track record of acting on behalf of vulnerable populations—I’ll bring our sordid history of intimidating voters of color and otherwise acting in official capacities to deny them their rights back up, in case you need reminding—this is more than simple hand-wringing based on the theoretical.

In the miasma and noise of a Republican agenda fueled by the views of FOX News talking heads, Koch-Brothers-funded legislative influence, obeisance to moneyed interests and religious conservatives, Tea Party railing against deficits, and Trump’s own prejudicial outlook, it’s legitimately hard to cut through all the bullshit and focus on what we can do as possible influencers. By now, the sense of fatigue is real, especially because when we act to counteract said agenda, there’s also half-hearted Democratic Party policies and media clickbait designed to offend around which to work. 

So, what’s the answer? Assuming my words are even that useful in this regard, I’m not sure. As noted, all of the above merits scrutiny, but we have our limitations. It may be useful to zero in on one or a handful of issues that arouse your personal political passions. Plus, if you can afford it, so many causes spearheaded by organizations devoted to the betterment of society deserve your donations, though throwing money at these problems does not automatically equate to solving them.

At the end of the day, though, what is abundantly clear after decades of failed policy initiatives is that tuning out is not a viable option if we want meaningful change. Indeed, people-powered solutions will be necessary if we are to fix our broken democracy—and there’s a lot to fix, at that. Recognize the shell game for what it is, but don’t refuse to play. Instead, change the game.

Don’t Mess with Robert Mueller

mueller_watch
Robert Mueller could probably kill you. Even if he’s just prosecuting you, though, you should still be afraid. (Photo Credit: Getty Images)

What did you wish for in advance of 2018? One thing I am hoping for—but not banking on happening by any meansis that Robert Mueller and his team will be allowed to conduct their investigation into possible collusion between members of Donald Trump’s campaign and Russian officials undisturbed. As time wears on, my concern and the worries of many stand to grow as more and more Republicans begin to voice their opposition to the Mueller probe. Devin Nunes’ apparent assault on the credibility and unbiased work of Mueller and Co. is particularly troublesome for many, as Karoun Demirjian writes for The Washington Post. As you might recall, Nunes, chair of the House Intelligence Committee, stepped away from his involvement in leading the Committee’s own investigation into matters of Russia after he was accused of improperly disclosing classified information; this information was related to his own accusation of impropriety on the part of the Obama administration in exposing the identities of individuals tied to Trump on surveillance reports. Since being cleared of wrongdoing, however, per Demirjian, Nunes has stepped up his attacks on Mueller’s team and federal law enforcement agencies working with the probe, and while some Republicans in the House close to Nunes have distanced themselves from his tactics, other GOP members of the House Intelligence Committee seem willing to challenge the Mueller investigation with allegations of corruption.

The basis for any insinuations of bias or improper procedure herein seem to exist with respect to the revelation that members of Robert Mueller’s investigative team—who have since been removed from their roles—exchanged anti-Trump texts. Putting aside what appears to be that minor issue as well as other dubious proof of anti-Trump prejudice such as past criticisms of Trump by an FBI official and donations to Democratic Party candidates, there are those who object to the Mueller probe on the basis that it involves the criminal justice system into the workings of the executive and legislative branches. On both counts, though, there is ample room to debate whether these elements/qualities of the investigation merit a curtailing of or ending to it. David E. Kendall, an attorney at Williams & Connolly LLP, recently authored an opinion piece outlining his case for why Robert Mueller should be left alone. While we’re considering possible prejudice in forming opinions or effecting courses of action, it should be noted that Kendall’s firm represents Bill and Hillary Clinton, and has even since the time of the Kenneth Starr investigation into Bill’s, ahem, affairs.

Nevertheless, I would submit Kendall makes a compelling set of arguments as to why Republican criticism of the Mueller probe is overblown. First of all, on the idea that any anti-Trump prejudice has tainted the investigation:

In his Dec. 24 Sunday Opinion commentary, former Whitewater independent counsel Kenneth W. Starr proposed a “reset” of the Russia investigation in which Congress “steps up” to establish a bipartisan investigative panel and the “executive branch’s approach” changes from criminal law enforcement to some kind of nebulous fact-finding. Despite its bland profession of respect for the probe, Starr’s column was really just a subtler version of suddenly pervasive efforts by Trump apologists to undermine the investigation into Russian tampering with the 2016 election.

The reasons given for Starr’s reset are wholly specious: There is ostensibly a “drumbeat of criticism” aimed at special counsel Robert S. Mueller III which “has become deafening,” including “cascading revelations of anti-Trump bias.” This is true only on Fox News, in President Trump’s tweets and in the shoe pounding of the Freedom Caucus at legislative hearings. The claims of bias amount to some private comments of an FBI official criticizing candidate Trump (and other candidates). Despite the fact that government employees are entitled to have political opinions (so long as they do not interfere with their work, and there was no evidence of this), Mueller promptly removed this official.

The key thought in this reasoning is that there is no proof that any criticisms of Donald Trump as candidate or POTUS have impaired the investigation or have prevented it from being able to fairly assess whether there is evidence of the Trump campaign trying to collude with Russia and sway the 2016 presidential election. The obvious retort is that there is no proof these remarks haven’t compromised Mueller’s probe, but then again, that’s not how the law works—or at least is not how it’s supposed to work. You are innocent until proven guilty, no? In referencing Starr’s column in this way, David Kendall also responds to possible conflicts of interest regarding senior aides to Robert Mueller donating in the past to Democrats’ campaigns—which likewise do not mean the investigation can’t be conducted in a professional manner, as was the case when Starr conducted his own investigation into Bill Clinton’s conduct while at the same time being a Republican donor—and the idea that the FBI deputy director’s wife once ran for a legislative seat with financial backing from a friend of the Clintons, which has little to no bearing on Trump’s matters considering that this relationship has long since been disclosed and cleared, and besides, this deputy director is not even a part of Mueller’s team.

As for the notion championed by Kenneth Starr and others that a bipartisan congressional investigation is preferable to this independent investigation on Robert Mueller’s part, there are any number of ways that Kendall, or you, or I could attack this reason for a “reset” of the Russia probe. Before I get rolling with my pontification, I’ll let Mr. Kendall have the floor first. From the op-ed:

Starr’s misleading call for a “Watergate model” ignores the work of the Watergate Special Prosecution Force. It is true that the investigations of the Senate Watergate Committee in 1973 and of the House Judiciary Committee in 1974 were generally bipartisan and produced valuable information. But equally important was the work of the Watergate special prosecutor, first Archibald Cox and then Leon Jaworski, who fairly and thoroughly investigated criminal wrongdoing by President Richard M. Nixon and many of his top officials. It was that office’s successful pursuit of the Nixon White House tape recordings all the way through the Supreme Court, and its successful prosecution of several Nixon officials, that finally revealed the facts about Watergate.

So while a thorough, public, fair and bipartisan congressional investigation of Russian tampering would be terrific, good luck with that. Benghazi hearings anyone? The House and Senate intelligence committees have for months been conducting hearings on these issues, but these have been, particularly in the House, partisan, meandering, contentious and closed-door. And calling for a vague “fundamental . . . reset within the halls of the executive branch” on the part of the Trump administration is also utterly unrealistic. Firing the special counsel and all his staff would be the most likely “reset” by this White House.

Especially with the likes of a Trump apologist like Devin Nunes lurking, it would indeed seem unlikely that a fair investigation into Trump and Russia is possible in the current political climate. Either way, though, Kenneth Starr’s deprecation of Mueller, described by David Kendall as “a decorated Marine combat veteran, a Republican and a highly esteemed, long-serving law-enforcement professional,” is curious. I mean, the man was only able to serve as director of the FB-freaking-I for 12 years, a tenure that spanned presidents of different parties. If Robert Mueller, as a Republican, could challenge the George W. Bush White House on the use of unconstitutional domestic wiretapping and could disagree with the use of “enhanced interrogation” techniques in questioning terrorists, it is reasonable to assert that the man would be able to put politics aside to assess whether or not Trump and Co. acted specifically to obstruct justice. If the results of the probe thus far are any indication, after all, Mueller’s work has been fruitful indeed. Paul Manafort, Trump’s campaign director from June to August 2016, and Rick Gates, Manafort’s business associate and deputy of the campaign while Manafort was in charge, have already been charged in connection with the Mueller investigation. And Michael Flynn, the short-tenured Trump National Security adviser, has already pleaded guilty to lying to the FBI about contacting Russian ambassador Sergey Kislyak. This would not seem to be small potatoes.

The above doesn’t even include important considerations about those pointing the finger at Robert Mueller, nor does it mention another facet about findings from the American intelligence community that seemingly gets lost in the conversation about the viability of the investigation. With specific regard to Kenneth Starr, for instance, and as David Kendall alludes to, Kenneth Starr’s investigation of Bill Clinton was highly politicized, and as far as Congress goes, the trend seems to have continued into fairly recent times. See also the Benghazi probe. Different Clinton, same (largely speaking) waste of time and other resources. Even more importantly, though, if we believe the assessment of the U.S. intelligence community on Russian meddling in our elections, then there is a formal acknowledgment of a deliberate attempt by Russia to hurt the chances of Hillary Clinton in the election and to disparage her in favor of Donald Trump, as well as to undermine the confidence of the American people in the electoral process. One might well argue U.S. politics has already done its part to grease the proverbial slope of eroding confidence in this institution, so it’s doubtful that the Russians should receive too much credit simply for giving it a push, if you will, but at any rate, the desired effects were achieved. Even if such meddling did not yield the same impact, however, the level of concern about the integrity and security of our electoral process should be very high, for democracy’s sake.

This dovetails into my own common-sense reasoning on the matter of whether Donald Trump and those around him should be above the kind of scrutiny that Robert Mueller’s probe entails. Owing to how serious the issue of corruptibility of the American electoral process isand by this, I mean primarily from foreign sources, though there would certainly seem to be enough to go around on the domestic frontif Republicans and their ilk are truly serious about national security, and not just in the arena of border security and terrorism, they would welcome this investigation. After all, Pres. Trump is presumed innocent, right? Going back to the Karoun Demirjian article about Devin Nunes and characterizations of the House Intelligence Committee investigation, if Democrats’ depictions are true, then numerous flaws plague this look into any possible Trump-Russia connections, including denied requests for documents related to/interviews of key witnesses, as well as a haphazard schedule marked by overlapping interview times that is difficultif not impossibleto follow. As Demirjian characterizes this situation, per critics of the House probe, it all amounts to mere window-dressing to make the investigation seem respectable, but in the end, the key figures behind it already have their mind made up to absolve Trump and undercut Mueller’s examination of the evidence. Assuming the Mueller probe is not an abject waste of time, then, what do we presume is truly motivating resistance from the right to its very existence? Is it pure partisan politics? Or, and not merely to be a conspiracy theorist, do critics of the Mueller investigation fear that Donald Trump and those close to him are actually guilty?


The obvious and present concern with Robert Mueller’s investigation is how Donald Trump—the big fish at the heart of this episode of prosecutorial justice, as many see him—might try to screw with things on his end. It makes the obvious and present follow-up question to this concern, “Well, can Trump fire Mueller?” In a word, kinda? Laura Jarrett, reporting for CNN, explores this subject in a piece (very directly) titled, “Can Donald Trump fire Robert Mueller? And how would it work?” Under special prosecutorial regulations, the President can’t directly remove someone like Mueller—that function would go to the Attorney General. As you might recall, Jeff “Hmm, Maybe I Did Talk to a Russian Ambassador After All” Sessions has recused himself from investigative matters related to the 2016 election, meaning Deputy AG Rod Rosenstein, the man who appointed Mueller in the first place, would be the one to fire him. Rosenstein, at least from public statements, has indicated that he sees no reason to get rid of Mueller. (For the record, Trump, too, said he has no plans to send Mueller packing, but then again, the man is a lying liar who lies, so take his words with many grains of salt.) So, what Trump could do is fire Sessions, fire Rosenstein, and then the next person up could fire Mueller. Or, getting yet more theoretical, Trump could order the special prosecutorial regulations repealed and then he could fire Mueller himself. I mean, Trump has already broken with any number of conventions—what’s a few more?

The follow-up question to the follow-up question to the aforementioned obvious and present concern, then, is, “Should Donald Trump fire Robert Mueller even if he can?” Jarrett also addresses this, saying that, much as the decision to fire James Comey for apparent political reasons brought Trump additional and unwanted scrutiny, removing Mueller from the investigation would further suggest our President has something to hide. Furthermore, there’s every likelihood that firing Mueller won’t even kill his probe, as FBI Director Christopher Wray would take the reins and would presumably forge ahead with the investigation. The caveat to all this is, constitutionally speaking, the President of the United States is the head of law enforcement as the top dog in the executive branch. Consequently, if Trump were to give absolutely zero f**ks and get rid of Mueller himself, it doesn’t seem like there would be much legal recourse to challenge him on this point. For all the reverence the Constitution inspires, this apparent flaw in its design is one that Trump’s flippant disregard for this cornerstone of American law tests in a major way. The resemblance to Watergate, of course, is readily apparent. With Nixon, though, the man was facing certain impeachment and removal for his misdeeds. With Trump, there’s no same guarantee congressional Republicans would want to see him oustedespecially not after seeing their garbage tax plan get signed into law. By and large, the GOP is getting what it wants from Trump. Should, say, Trump’s approval rating become toxically low, though, or should Republicans lose control of the House, the Senate, or both, maybe the situation changes. That so much control is currently in the hands of President Agent Orange, Devin Nunes, and other sympathetic Republicans, meanwhile, is less than inspiring.

At least in advance of the 2018 midterms, though, it might just behoove Nunes et al. not to mess with Robert Mueller. If the opinions of voters mean anything to them, especially as regards their esteem of Mueller, they could be putting their personal political prospects in danger.