Certainly, Trump’s ethical standards are low, but if sleaziness were a crime then many more people from our ruling class would be in jail. It is sleazy, but not criminal, to try to find out in advance what WikiLeaks has on Hillary Clinton. It is sleazy, but not criminal, to take a meeting in Trump Tower with a Russian lawyer promising a dossier of dirt on Clinton. (Just as, it should be mentioned, it is sleazy, but not criminal, to pay a guy to go to Russia to put together a dossier of dirt on Trump. This is one reason why the Clinton campaign lied about its connection to the Steele dossier, albeit without the disadvantage of being under oath.) It is sleazy, but not criminal, to pursue a business deal while you’re running for president. Mueller has nailed people for trying to prevaricate about their sleaze, so we already have a couple of guilty pleas over perjury, with more believed to be on the way. But the purpose of the investigation was to address suspicions of underlying conspiracy—that is,
a plan by Trump staffers to get Russian help on a criminal effort. Despite countless man-hours of digging, this conspiracy theory, the one that’s been paying the bills at Maddow for a couple of years now, has come no closer to being borne out. (Or, as the true believers would say, at least not yet.)
Reveal hidden contents
Partisanship is hostile to introspection, but at some point maybe we’ll look back and think again about what was unleashed in the panic over Russian influence. Trump’s White House has pursued what is arguably the harshest set of policies toward Russia since the fall of Communism—hardly something to celebrate—yet nearly all the pressure, from the center-left as much as the right, is toward making it even tougher. As for those tapping along to S.N.L. songs in praise of Mueller and his indictments, they might want to remember that Trump won’t always be in office. The weapons you create for your side today will be used by the other side against you tomorrow. Do we really want the special-counsel investigation to become a staple of presidential life? It’s a creation with few boundaries on scope and a setup that encourages the selection of a suspect followed by a search for the crime, rather than the other way around. This caused calamities in the era of Bill Clinton, and it doesn’t get any better just because the partisan dynamics are reversed.
Let’s take a moment to consider Mueller himself. The cut of his jib is likable, and the trad Brooks Brothers vibe of his wardrobe is a perfect complement to his job title. But it’s hard to avoid the suspicion that he’s playing a political game at this point. To be fair, I’m vulnerable to confirmation bias of my own in this assessment, since about a year ago I suggested that Mueller was going to drag out his investigation until 2019, when Democrats were likely to be back in charge of the House, and seeing a prediction play out can lead to unwarranted certitude. But the reports we’re starting to see suggest a man who’s fallen prey to the same state of mind that warped Ken Starr—namely disgust over the people you’re investigating and a desire to justify the sunk capital.
Our justice system gives prosecutors a frightening amount of power as it is, and nothing tempts misuse of it quite like the belief in a narrative in the face of a disappointing witness. George Papadopoulos has told people he pleaded guilty to perjury because Mueller was threatening to prosecute him as an unregistered agent of Israel. Jerome Corsi insists that Mueller was (and is) threatening him with a raft of indictments unless he signed on to an untrue story of how he came to believe (or know) that WikiLeaks had hacked the e-mails of John Podesta.
We don’t know why Mueller feels Manafort is lying to prosecutors, but we do know that Mueller is either asking him about things that have little to do with Manfort’s guilty plea, i.e. acting as an unregistered agent of Ukraine, or else asking him things that have little to do with the original purpose of Mueller’s investigation, i.e. Russian conspiracy. The former would mean Mueller was tempting Manafort, deliberately or not, to make up a story to please federal prosecutors (“not just sing,” but “also compose,” as a judge on the case warned last May). The latter would mean Mueller was getting out on tangents and allowing his investigation, Starr-style, to lapse into a shape-shifting creature with few self-imposed limits. Furthermore, solitary confinement is severe punishment, and Manafort has been in it for months. No one doubts that Manafort is a liar, and everyone knows he’s maneuvering for a presidential pardon. He should go to jail for his financial fraud. But that doesn’t mean Mueller is proceeding with a proper sense of proportion or self-restraint.
https://www.vanityfair.com/news/2018/12/a-trump-haters-guide-to-mueller-skepticism