Wednesday, May 8, 2019

Law is Process


The FBI’s mission is to rout out danger wherever it might be. Tips may suggest wrongdoing in many places; when received those tips are assessed for reality, level of danger, as well as other dimensions. Wherever they are. The assessment may lead to a formal, rigorous investigation, or not. The matter may be dropped, as are most.


If it involves a presidential election campaign, the issue is investigated however slightly to determine if wrongdoing is happening; and then if that happening is dangerous enough to warrant follow-up work. So, the Clinton campaign was investigated. Many times. So, too, the Trump campaign. Which others? Who knows? Is it important?  The fact remains these two campaigns were investigated to some level. Wrong was not found credible in the Hillary Clinton case. Trump’s case is still a fresh arena of interest, but seriousness has not yet been defined as credible. Maybe, but not yet.


The process is at work. The neighbor down the street reports suspicious activity of another neighbor to the police. They ignore it, or consider the context, or whatever, and decide or not to pursue it. Same with the FBI, CIA or any other investigative body. Nothing results from the pursuit unless facts show probability. If so, the process continues its route. If not, the matter is dropped.


So, the FBI looked into the matter of interaction of the trump campaign and Russian power people. Evidence shows relationships did exist but were they conspiratorial and for nefarious purposes? Might the purposes, if credible proof exists, be a danger to our nation or its institutions?  The process suggests doubt.


Is this political? Was it political? Most likely not. Routine. Process. Law.


The Mueller Report. It is the result of process. Of law. It is not meant to be an indictment. It is advisory to the justice system. The Department of Justice was the recipient; it is up to them to judge the appropriateness of following up on steps that can or should be initiated. The author of the report found many things that suggested wrongdoing. It was not his place to be judge and jury in the matter, just the assessment of wrong. He did that. the Attorney General has chosen to do nothing about it. Is he right or wrong?  I don’t know. I think he is wrong. I think there is more process available for use.

One such process is Congressional oversight. The Mueller Report was commissioned by the Justice Department. The contents of the report have been made public (mostly). If the DOJ chooses to sit on the report, the Congress can open their own hearings on the matter. Then they have another legal route to process. The ball is in their court.


Will they pursue this matter to the full press of congressional impeachment? I doubt it. Too much work, expense and turmoil. But that is their call. The matter is political high drama and should be avoided.


However, other avenues exist to prosecute the ‘high crimes and misdemeanor’ evidence. Many trump administrators are involved. Many non-government folks are involved. Many avenues to explore.

And there remains the very real possibility that the high crimes and misdemeanor charges that could be forthcoming are those that will follow trump out of the White House and back to private life. He has a raft of legal process to encounter when ‘he gets out.’


Long term or short term, the rule of law stays with us. It is just a matter of time as to when that process is invoked. And concluded.


May 8, 2019


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