Mueller’s Boomerang

The prevailing wisdom offered by our leading political and legal risk analysts currently advises President Trump to avoid or minimize his impending meeting with Robert Mueller and his special investigation team. These risk gurus rightfully point out that innocence is often irrelevant when navigating the minefield of verbal tricks and perjury traps set out by wily prosecutors. The rich and powerful who have become trophies on the mantels of such hunters already include the likes of Bill Clinton, General Michael Flynn, and Martha Stewart. Mr. President, beware.

These risk authorities may proffer sage advice, but their ability to predict outcome is sorely myopic. They are focusing only on one of the parties at risk, ignoring the fact that the Special Investigator, as well as the FBI leadership and Department of Justice in general, have come under severe scrutiny for the ethics and legality of their activities. They should proceed with cautious self-concern for any of their future actions. President Trump may be facing jeopardy, but Mueller and company also incur a profound personal and institutional risk should they stray from their core charter of Russian collusion and attack President Trump on the grounds of traps or subterfuge.

Anyone who has ever watched a sporting event is familiar with what happens when the officials don’t appear to understand the nature of the game. For example, in football, when a lineman merely flicks his eyebrows and the line judge throws an “illegal motion” flag, or when a safety smothers a receiver, but with only incidental or no contact, and the back judge calls pass interference, the result is predictable and instantaneous -- a chorus of tens of thousands of boos and hisses rocks the stadium. A legion of fans, including many beneficiaries of the questionable officiating, decry the injustice. Incidental infractions of the rules, real or imagined, misrepresent the true nature of the game. Few want to win that way, and no one wants to lose that way. 

The wide latitude granted to Mueller under the order of Deputy Attorney General Rosenstein may be legally valid, but will not be warmly countenanced by American fans of fair play. Short of high-fives from the “#NeverTrump” crowd who detest President Trump for being born, Mueller can only damage himself and the reputation of American justice institutions by plying weaselly gambits against the president and his administration. Most of America will not tolerate it. 

President Trump appears to be stepping up to the meeting challenge, whether wisely or not, but Mueller should be aware that he is at equal, and possibly greater, risk. Mueller and his team appear to be not without sin and should be mindful of casting the first stone.

Dean Kedenburg is an anthropologist in the hamlet of Leucadia, California

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