Demands by Democrats
that Special
Counsel Robert Mueller testify before Congress about his report on
Russian interference in the 2016 U.S. presidential election show a complete
lack of respect for the rule of law and the constitutional provisions of the
separation of powers.
With their single-minded
objective of attacking President Trump,
congressional Democrats are sending a dangerous message to the American people.
It is wrong for Democrats to
demand that Mueller testify and it would be wrong for Mueller to do so.
When Mueller accepted his
appointment as special counsel, he did so fully aware of the federal
regulations governing his office. The regulations make it absolutely clear that
the special counsel is prohibited from discussing his report publicly.
Leading members of Congress
now demanding that Mueller testify know he is barred from doing so. The current
special counsel regulations were passed while they were members of Congress.
In 1978, Congress passed the
Ethics in Government Act. It created a process for appointing special
prosecutors. This is a different position from special counsels like
Mueller.
Under the 1978 law, Congress
could mandate the appointment of a special prosecutor. Congress could remove
the special prosecutor, and the special prosecutor was required to report to
Congress. The executive and legislative branches were both a direct part of the
process. However, the law on special prosecutors expired and it was not
renewed.
In 1999, the special counsel
regulations under which Mueller was appointed became law and remain in effect
today. These regulations were written and heavily promoted by President Bill
Clinton’s administration. They changed the 1978 law in several important ways.
Under the current regulations,
the special counsel does not report to Congress. Congress cannot require the
appointment or removal of a special counsel. These powers and duties lie
exclusively with the attorney general.
Section 600.9 of the special
counsel regulations backed by the Clinton administration places very limited
requirements on the attorney general in regard to what he needs to provide to
Congress, and he has already exceeded these requirements.
The current regulations
expressly provide that it is for the attorney general alone to determine what,
if any, information to release publicly. The special counsel and his staff are
expressly constrained from public comment on their report, as with any criminal
investigation.
These regulations are the law.
There is no exception in the law for the special counsel to comment to further
the political agenda of a member of Congress.
Each of us might love the
opportunity to question Mueller about his report – but our interest in doing
so, even if genuinely motivated, does not supersede the law. This process was
never intended to be a free-for-all.
Consider the specter of
Mueller being asked questions on subjects that the attorney general – based on
the authority Congress gave exclusively to him – has concluded should not be
publicly disclosed because of legitimate concerns specified under the
regulations.
Or what if Mueller has been
shaken by the criticism his report has garnered among many Democrats and he
seeks to redeem himself or the members of his team who have longstanding
Democratic ties?
In that case, Mueller would
have a conflict between his own perceived self-interest and the legitimate
privacy concerns of the regulations under which he operated.
The fact is that Mueller’s
report speaks for Mueller and his team after costing us millions of dollars and
after an investigation lasting almost two years.
The special counsel process,
ill-conceived from the start, is over and Congress has the Mueller report to
pore over. Mueller and his views regarding the subject of his investigation are
both factually and legally irrelevant now.
It is a disgrace that any member
of Congress would choose to ignore the law, mislead the public, and put Mueller
in a position of being required to testify. The onus should not be placed on
either the president or the attorney general in this matter. They need only
point to the law. Mueller must insist that Congress follow the law as well.
The larger question here is:
What on Earth has happened to the Democratic Party? It was once home to true
American heroes and some of the most significant substantive public policies
our country ever has known.
I was extraordinarily proud to
be a trial lawyer for the Democratic Party in a case several years ago, but
that party no longer exists. Its agenda now is limited to attacking President
Trump, rather than working constructively to make the country and the world a
better and safer place.
Democratic leadership has been
paralyzed by the party’s so-called progressive wing, empowering the unabashed
anti-Semitism espoused regularly, unmistakably and unapologetically by some of
its prominent freshmen members.
Yesterday’s Democratic Party,
maligned by these freshmen, had much to offer on the important issues of the
day. But if it remains on its current track, the Democratic Party will be
little more than an ancient relic, representing narrow interests and a
philosophy that cuts against our most treasured, inclusive American values and
beliefs.
No comments:
Post a Comment