Ed. Acting Attorney General Rod Rosenstein created a Special Counsel to investigate “collusion” between the Trump Campaign and Russia for one reason only–Donald Trump was not supposed to win the 2016 Election. The left, determined to removed the improperly elected winner from office, was given carte blanche to investigate anything which might turn into a “crime;” anything which could be used to throw Trump out of the White House.
But as President Trump did nothing wrong, Special Counsel Robert Mueller has been reduced to bringing charges against Russians who will never make it to court and accusing a general whose only “error” was to allow himself to be set up by corrupt FBI agents.
Robert Mueller has prostituted the Constitution and the Department of Justice which he was supposed to serve. Andrew McCarthy’s article reveals just how corrupt this Special Counsel has become.
from the National Review of March 17th, 2018
by Andrew C. McCarthy
Richard Gates was charged with $100 million in financial crimes — and pled guilty to two minor offenses, one of them highly questionable.
These columns have many times observed Deputy Attorney General Rod Rosenstein’s failure to set limits on Special Counsel Robert Mueller’s investigation. To trigger the appointment of a special counsel, federal regulations require the Justice Department to identify the crimes that warrant investigation and prosecution — crimes that the Justice Department is too conflicted to investigate in the normal course; crimes that become the parameters of the special counsel’s jurisdiction.
Rosenstein, instead, put the cart before the horse: Mueller was invited to conduct a fishing expedition, a boundless quest to hunt for undiscovered crimes, rather than an investigation and prosecution of known crimes.
That deviation, it turns out, is not the half of it. With Rosenstein’s passive approval, Mueller is shredding Justice Department charging policy by alleging earth-shattering crimes, then cutting a sweetheart deal that shields the defendant from liability for those crimes and from the penalties prescribed by Congress. The special counsel, moreover, has become a legislature unto himself, promulgating the new, grandiose crime of “conspiracy against the United States” by distorting the concept of “fraud.”
Why does the special counsel need to invent an offense to get a guilty plea? Why doesn’t he demand a plea to one of the several truly egregious statutory crimes he claims have been committed?
The Multi-Million-Dollar Fraud Indictments . . . and Penny-Ante Plea
On Thursday, February 22, with now-familiar fanfare, Mueller filed an indictment against Paul Manafort and Richard Gates, alleging extremely serious crimes. Let’s put aside for now that the charges have absolutely nothing to do with the stated rationale for Mueller’s appointment, namely, Russian interference in the 2016 election and possible Trump-campaign collusion therein.
According to the special counsel, Manafort and Gates conspired to commit more than $25 million in bank fraud. In all, the indictment charges nine bank-fraud counts, each carrying a potential penalty of up to 30 years’ imprisonment (i.e., 270 years combined). Furthermore, the two defendants are formally charged with $14 million in tax fraud (the indictment’s narrative of the offense actually alleges well over twice that amount). There are five tax-fraud counts, yielding a potential 15 years’ imprisonment (up to three years for each offense), against each defendant.
According to the special counsel, Manafort and Gates conspired to commit more than $25 million in bank fraud.
Mind you, this indictment, filed in the Eastern District of Virginia, is not a stand-alone. It piles atop an earlier indictment in the District of Columbia. That one, filed back in October, accuses Manafort and Gates of an eye-popping $75 million money-laundering conspiracy, a charge that carries a penalty of up to 20 years’ imprisonment.
The two indictments contain many other felony charges. But sticking with just these most serious ones, we can safely say that, on February 22, Manafort and Gates were portrayed as high-order federal felons who faced decades of prison time based on financial frauds in the nine-digit range. And while I have previously discussed potential proof problems for the money-laundering charge, proving bank fraud and tax fraud is comparatively straightforward. The indictment indicates that the evidence of these crimes is well documented and daunting.
Yet, the very next day, Friday, February 23, Mueller permitted Gates to plead guilty to two minor charges — a vaporous “conspiracy against the United States” and the process crime of misleading investigators, each carrying a sentence of zero to five years in jail. This flouted Justice Department policies designed to ensure that federal law is enforced evenhandedly across the nation.
‘The Most Serious Readily Provable Charge’
In plea negotiations, federal prosecutors are instructed to require that a defendant plead guilty to “the most serious readily provable charge consistent with the nature and extent of his/her conduct.” (See U.S. Attorney’s Manual, sec. 27.430.) In a properly functioning Justice Department, a defendant is not accused of over $100 million in financial fraud and then, within 24 hours, permitted to plead guilty in a wrist-slap deal that drops the major allegations and caps his potential sentence well beneath the penalties applicable by statute.
As outlined above, Mueller accused Gates of significant felonies totaling over 300 years of potential incarceration. Had the special counsel simply demanded a plea to a single bank-fraud count — the most serious statutory crime charged and, according to the indictment’s description, an offense that is readily provable — Gates would have faced up to 30 years’ imprisonment.
(Article continues HERE)