Monday, September 17, 2018

I have changed my mind about the Mueller investigation (again).

Why is obstruction of justice (such a little peepy case) taking so long? It is not. I think Mueller is long done with obstruction. If I remember correctly it has been reported previously that the obstruction inquiry is over.

So what’s Mueller doing now? I am convinced that Mueller does not think that he can charge a sitting president with a crime, that is what impeachment is for, and cannot sue a sitting president in civil court. So he’s writing his report to Congress? No, I don’t think Robert Mueller would be working this hard and this long, he and 15 or 17 other lawyers full-time, to write a frigging report to Congress? Like he's trying to write-on for law review? No.

The length of time this has taken and the sharply focused examination of finances has me thinking RICO. Giving immunity to the top guys at the Trump Organization: Why would Mueller do that?  Nothing to do with peepy obstruction. How did the Southern Poverty Law Center shut down the Ku Klux Klan? Civil RICO. What did the Feds finally get Al Capone, the head of Murder, Inc., on? Tax evasion.

Mueller would still not be able to file charges against Trump as president but there may be a legal route around Pennsylvania Avenue. Mueller could charge the Trump Organization with racketeering, either civil or criminal, there is absolutely no constitutional impediment to that, and who is the head of the Trump Organization?

Trump would be charged, identified as such in the indictment, as “Donald J. Trump, president of Trump Organization” not “Donald J. Trump president of the United States of America.” It’s a legal fiction, I know, I’m a legal! We do fiction all the time, we legals! Really, there are legal fictions. Who’s the fucking “reasonable man”? You ever meet someone named Reasonable Man? Yet the reasonable man is the fulcrum of much of Anglo-American criminal and civil law.

Guys are charged with rape by their DNA sequence to get around the statute of limitations. Perfectly legal.Don’t know what his name his but by God there’s only one of him and we gonna git ‘im sooner or later!

This is a theory, okay, it is a theory. Maybe Mueller is working on that report to Congress and laughing so hard at my legal fiction that it’s delaying him. But even if Mueller sees no detour around Pennsylvania Ave. he can still bankrupt the Trump Organization by charging it as a "racketeer-influenced and corrupt organization." I like the sound of that!

Or, maybe Mueller is thinking along the lines of James Comey in A Higher Loyalty. I remember Comey writing that dealing with Trump and his henchmen reminded him of nothing so much as meeting with Mob bosses when he was a federal prosecutor. The Mob: organized crime. That's what I think Mueller is working overtime on.