I Don’t Think This Is What They Meant To Prove

The National Review today posted an article by Andrew McCarthy about the indictment of Roger Stone. The headline of the article is, “Stone Indictment Underscores That There Was No Trump-Russia Conspiracy.” Since Andrew McCarthy is an experienced prosecutor, he is very familiar with how the law works.

The article notes:

Roger Stone is the shiny object. The obstruction charges in his long-anticipated indictment, made public on Friday, are not the matter of consequence for the United States.

Nor is the critical thing the indictment’s implicit confirmation that there was no criminal “collusion” conspiracy between the Trump campaign and Russia.

What matters is this: The indictment is just the latest blatant demonstration that Special Counsel Robert Mueller’s office, the Department of Justice, and the FBI have known for many months that there was no such conspiracy. And yet, fully aware that the Obama administration, the Justice Department, and the FBI had assiduously crafted a public narrative that Trump may have been in cahoots with the Russian regime, they have allowed that cloud of suspicion to hover over the presidency — over the Trump administration’s efforts to govern — heedless of the damage to the country.

The article continues:

So now we have the Stone indictment.

It alleges no involvement — by Stone or the Trump campaign — in Russia’s hacking. The indictment’s focus, instead, is the WikiLeaks end of the enterprise — i.e., not the “cyberespionage” of a foreign power that gave rise to the investigation, but the dissemination of the stolen emails after the hacking. And what do we learn? That the Trump campaign did not know what WikiLeaks had. That is, in addition to being uninvolved in Russia’s espionage, the Trump campaign was uninvolved in Julian Assange’s acquisition of what Russia stole.

The Stone indictment reads like an episode of The Three Stooges. Stone and two associates — conservative writer and conspiracy theorist Jerry Corsi, and left-wing-comedian-turned-radio-host Randy Credico, respectively denominated “Person 1” and “Person 2” — are on a quest to find out what WikiLeaks has on Hillary Clinton and when Assange is going to publicize it. But that does not suit Stone, who has cultivated an image of political dirty trickster and plugged-in soothsayer. In public, then, Stone pretends to know more than he knows and to have an insider’s view of Assange’s operation; behind the scenes, he scrounges around for clues about what Assange is up to, hoping some insider will tell him.

The article concludes with two paragraphs that should give all of us something to think about:

There is no reason why the special counsel could not have issued an interim report clearing the president of suspicion that he was a Russian agent. Doing so would merely have removed the specter of traitorous conspiracy from the White House. It would not have compromised Mueller’s ability to investigate Russia’s interference in the election; it would not have undermined Mueller’s probe of potential obstruction offenses by the president. (And while it is not Mueller’s job to discourage the president’s puerile “witch hunt” tweets, if the public had been told that the Justice Department withdrew its highly irregular public statements about Trump’s possible criminal complicity in Russia’s espionage, presidential tirades about the investigation would have ebbed, if not disappeared entirely.)

We are not just talking about having our priorities in order — i.e., recognizing that the ability of the president to govern takes precedence the prosecutor’s desire for investigative secrecy. We are talking about common sense and common decency: The Justice Department and the FBI went out of their way to portray Donald Trump as a suspect in what would have been the most abhorrent crime in the nation’s history. It has been more than two years. Is it too much to ask that the Justice Department withdraw its public suggestion that the president of the United States might be a clandestine agent of Russia?

It is time to clean house in the FBI and the DOJ–too many people have taken part in this charade to bring down a duly-elected President.