The legal rope that Donald Trump’s defenders in the media cling to might be more accurately described as a thread. They repeatedly claim that that there is no evidence that Trump colluded with Russia and, therefore, the whole investigation should be immediately halted. That’s a fairy tale resolution that might make the Trump Team feel better, but it has no basis in reality.
First of all, there have already been dozens of indictments and five guilty pleas. That’s hardly the track record of an investigation that isn’t going anywhere. Additionally, whatever evidence there is incriminating Trump directly in unlawful conduct with Russian operatives is tightly held by the special counsel and won’t be revealed until Robert Mueller is ready to take it to the next level. That doesn’t mean the evidence doesn’t exist, as the Trumpoids would like to believe.
Now Trump’s TV lawyer, Rudy Giuliani, is making some more of the ignorant statements that have gotten him in so much trouble in the few short weeks he’s been on the case. John Roberts of Fox News is reporting that Giuliani told him that:
“Two weeks ago the special counsel Robert Mueller assured the President’s outside legal team that he would follow DOJ guidelines that a sitting president cannot be indicted. Giuliani says that Mueller doesn’t really have any choice. That he has to follow the findings of a 1999 Clinton era DOJ memo.
“Now that’s not to say that Mueller couldn’t still find some evidence of wrongdoing that Congress could act on. But the President’s legal team doesn’t appear concerned. Giuliani telling Fox News a short time ago, “This case is essentially over. They’re just in denial.”
— Fox News (@FoxNews) May 16, 2018
It’s curious that Giuliani is running to Fox News with this alleged statement by Mueller that is now two weeks old. Whatever the relevance of it, Giuliani is clearly using it now to argue that the probe ought to be shut down. And that’s what the Trump-fluffing, right-wing media is parroting with badly misinterpreted analyses that claim that if the special counsel is saying he can’t indict, that means he doesn’t have any evidence of wrongdoing.
For the record, there is Department of Justice memo that says that “The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions.” However, that is merely a legal opinion written at the time and has never been tested in court. What’s more, while this memo may apply to Mueller’s operation, it does not apply to Grand Juries, who could still file indictments. And even Fox’s Roberts correctly noted that Mueller’s investigation could yield evidence of criminal activity that could be taken up by Congress in an impeachment proceeding.
So the giggling wingnuts who think this means the investigation of their Dear Leader is over and he’s been proven to be as pure as the snowflakes who flutter around him are just fooling themselves. They still don’t know what Mueller knows, and they have no idea where this will end. And if they are putting their faith in anything that Giuliani has told Fox News, then seriously – who’s in denial?
How Fox News Deceives and Controls Their Flock:
Fox Nation vs. Reality: The Fox News Cult of Ignorance.
Available now at Amazon.
UPDATE: Now Giuliani is saying that Mueller didn’t tell him that the President can’t be indicted. He now says that an assistant to Mueller said something to that effect to another Trump lawyer, Jay Sekulow, but he’d have to check. Sounds like the story is falling apart.