This week we watched the Mueller investigation recommend that Michael Flynn not be incarcerated because of his extensive cooperation with the investigation. This creates more questions than it answers. Why was there any kind of continuing investigation of Michael Flynn? Notes released from the investigation show that no one who interviewed him thought he was lying. So why wasn’t the investigation dropped? But wait–there’s more!
Kimberley Strassel posted an article at The Wall Street Journal yesterday with the following title, “Mueller’s Gift to Obama.” The article reminds us that the charges against Michael Flynn were based on his telephone calls and interactions with Russian Ambassador Sergei Kislyak. As incoming National Security Advisor, Michael Flynn would have been expected to have those conversations. It is also expected that those conversations would be wiretapped because they involved a Russian Ambassador. What is not protocol is the unmasking of General Flynn’s identity.
The article reports:
But what about the potential crimes that put Mr. Flynn in Mr. Mueller’s crosshairs to begin with? On Jan. 2, 2017, the Obama White House learned about Mr. Flynn’s conversations with Mr. Kislyak. The U.S. monitors phone calls of foreign officials, but under law they are supposed to “minimize” the names of any Americans caught up in such eavesdropping. In the Flynn case, someone in the prior administration either failed to minimize or purposely “unmasked” Mr. Flynn. The latter could itself be a felony.
Ten days later someone in that administration leaked to the Washington Post that Mr. Flynn had called Mr. Kislyak on Dec. 29, 2016. On Feb. 9, 2017, someone leaked to the Post and the New York Times highly detailed and classified information about the Flynn-Kislyak conversation.
House Intelligence Committee Chairman Devin Nunes has called this leak the most destructive to national security that he seen in his time in Washington. Disclosing classified information is a felony punishable by up to 10 years in federal prison. The Post has bragged that its story was sourced by nine separate officials.
The Mueller team has justified its legal wanderings into money laundering (Paul Manafort) and campaign contributions (Michael Cohen) on grounds that it has an obligation to follow up on any evidence of crimes, no matter how disconnected from its Russia mandate. Mr. Flynn’s being caught up in the probe is related to a glaring potential crime of disclosing classified material, yet Mr. Mueller appears to have undertaken no investigation of that. Is this selective justice, or something worse? Don’t forget Mr. Mueller stacked his team with Democrats, some of whom worked at the highest levels of the Obama administration, including at the time of the possible Flynn unmasking and the first leak.
It is becoming very obvious that Robert Mueller’s investigation is wearing blinders. Their prosecution of Michael Flynn while ignoring the crime of leaking classified material and unmasking Americans on foreign phone calls (not to mention ignoring the Clinton campaign’s relationship with Fusion GPS, Christopher Steele, and the dossier) is a glaring example of the politicization of our Justice Department. The Congressional hysteria over the idea that Mueller could be fired or limited in any way is a glaring example of the ignorance on the part of some Congressmen of our Constitution. For the past two years we have had a taste of what it would be like to live in a country where justice is political. If we do not successfully deal with this, we will have taken a pretty big step toward becoming a banana republic.