June 22, 2017
THE ANTI-DONALD:
Will Robert Mueller Separate Fact From Fiction? (David Von Drehle, 6/20/17, TIME)
The special counsel is, like Trump, the scion of a wealthy family, raised at a boarding school and educated in the Ivy League. But the life choices of Robert Swan Mueller III, 72, suggest a decidedly different temperament from the one that occupies the Oval Office. Unlike Trump, who says he has few if any personal heroes, Mueller's path was marked by a profound admiration for a role model he met at Princeton, a student a year ahead of him named David Spencer Hackett."I played lacrosse with David," Mueller explained last year in a speech at West Point. "He was not necessarily the best on the team, but he was a determined and a natural leader." Hackett's decision to join the Marine Corps, and his death in 1967 while rallying his platoon during an ambush in Vietnam, moved Mueller to follow in Hackett's footsteps. "Many of us saw in him the person we wanted to be," Mueller said.Trump once joked with radio shock jock Howard Stern that chasing women while risking STDs was his version of Vietnam, adding, "It is very dangerous." He might have chosen a different analogy if he had served as Mueller did. Commissioned in the Marine Corps and trained at Army Ranger School, Lieut. Mueller led a rifle platoon in Vietnam from 1968 to 1969. Wounded in combat, he received a Bronze Star with a V for valor as well as a Purple Heart and two Navy Commendation Medals.Mueller told his West Point audience that his military experience instilled in him a desire to continue to serve his country. After earning a law degree from the University of Virginia and learning the ropes as an associate at a large law firm, he joined the U.S. Attorney's office in San Francisco, where he rose to chief of the criminal division.In 1989, Mueller moved to Washington, where he soon took charge of the entire Justice Department's criminal division. Under his watch, department lawyers prosecuted major cases involving terrorism, organized crime, drugs and money laundering. Although his voter registration said Republican, Mueller earned the confidence of leaders in both parties. In 1998, Democrat Bill Clinton appointed him U.S. Attorney for Northern California. Republican George W. Bush called him back to Washington as Deputy Attorney General, then picked him to lead the FBI in 2001.Mueller's first official day at the Hoover Building was Sept. 4. A week later, terrorist attacks on New York City and Washington plunged the bureau into one of the most tumultuous periods in its history. Mueller's challenge was to transform a primarily domestic law-enforcement agency into a global counterterrorism force-while breaking down cultural barriers to information sharing and pulling the paper-pushing bureau into the digital age. Many agents found Mueller to be bullheaded as he shook up personnel rules and rammed through technology updates. And he made mistakes, including a botched investigation of the 2001 anthrax attacks in D.C., Florida, New York and New Jersey, in which an innocent man was hounded in the press while Mueller and his agents ignored the real killer. But overall, in the judgment of FBI historian Ronald Kessler, no director in the modern era "has had a greater positive impact on the bureau than Mueller."As director, Mueller worked closely with Comey, who was appointed Deputy Attorney General in 2003. Together, they threatened to resign in 2004 over a White House plan to preserve a program of warrantless wiretaps. Their frantic dash to the bedside of ailing Attorney General John Ashcroft to ward off a delegation of White House arm twisters on a mission to save the program was a heroic high point for friends of Mueller and Comey-and an example of their sanctimony to their detractors. Either way, they won: Bush agreed to make changes to the program. When Mueller's extended term at the FBI ended in 2013, few were surprised that Obama installed Comey in his place.Praise was widespread and bipartisan for Mueller's appointment on May 17 as special counsel. But that enthusiasm was not shared at the White House. As the gravity of his miscalculation sets in, Trump has been lashing about for someone to blame. Attorney General Sessions, one of his earliest supporters, offered to resign after a bawling out from Trump, who feels that he would not be in this pickle if Sessions had not recused himself from the Russia investigation.Trump is also furious with the flip-flopping Democrats who went from hating Comey (they blamed his public hand-wringing over her emails for Hillary Clinton's loss in November) to hailing him as a martyr. "The Democrats should be ashamed," Trump tweeted. "This is a disgrace!"And then there's Deputy Attorney General Rosenstein, who wrote a memo at Trump's request that the White House briefly used to justify the Comey firing, then appointed the special counsel. "I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director!" the President tweeted. "Witch hunt!" That June 16 outburst caught Capitol Hill Republicans flat-footed. "Is this part of a new plan?" an adviser to House Speaker Paul Ryan asked a White House aide. Of course not, the aide answered. "Do you think we would plan to have the President of the United States implicate himself?"
Friends report that the wrathful President discussed the possibility of firing Mueller, an idea that horrifies White House advisers and terrifies veteran congressional Republicans. The last President to try such a thing was Nixon, who sparked the so-called Saturday Night Massacre in 1973 by ordering the ouster of Watergate special prosecutor Archibald Cox.Beyond the disastrous politics of such a move, it's unclear how Trump could execute this step. Justice Department regulations tightly govern the removal of a special counsel, which can be done "only by the personal action of the Attorney General" and only for "misconduct, dereliction of duty, incapacity, conflict of interest or for other good cause." With Sessions recused, the power of removal passed to Rosenstein-but his involvement in the Comey firing could force his recusal as well. Rosenstein has assured a Senate committee that he would not carry out an unjustified firing. "If there were not good cause, it wouldn't matter to me what anybody says," he averred. If Rosenstein refused to fire the special counsel, the order would go next to another Senate-confirmed Justice official. With the Solicitor General's office still unfilled, that leaves Associate Attorney General Rachel Brand, who hasn't said publicly how she would respond.Trump's alternative to this uncertainty might be to exercise his constitutional authority to rewrite the Justice Department regulations, giving himself the firing authority. Such a step would smack of despotism in a capital that cherishes checks on power.
Posted by Orrin Judd at June 22, 2017 7:09 AM
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