January 25, 2018--Mueller's "Whitewash"

I have a Facebook friend who has been consistently pessimistic about everything involving Donald Trump and the fate of the world. Among other things he expects to see nuclear war with North Korea breaking out this year.

He is very angry and may be right on all counts as he is smart, successful, and well informed.

Here's a recent, slightly edited example from his postings--

I'm now worried that Mueller is going to do a whitewash. I cannot understand why he hasn't brought in Trump's lying son or Kushner and his wife. At first I thought it was because he knew if he did Trump would fire him. But now I don't know. They all need to go to jail if not for lying than for money laundering and tax evasion. They must be deterred from ever seeking public office. I'm worried.

Thinking about this and the list of witnesses Mueller has interviewed and is planning to seek testimony from, it is curious that the Kusners and Trump's sons are not on the list. Trump himself, though, clearly appears to be.

Traditionally with investigations and prosecutions of this kind, where there may be collusion, obstruction of justice, and conspiratorial behavior, prosecutors work their way up the witness food chain. From, in this case, the likes of George (Coffee Boy) Papadopoulos to Paul Manafort to Michael Flynn to Jeff Sessions to Steve Bannon and then on to members of Trump's inner-inner circle, including ultimately the president and his potentially implicatable family members.

So what is Mueller's logic of seemingly not seeking testimony from Trump's sons, daughter, and beloved son-in-law?

I've been struggling to make sense of these curious omissions and have finally come to what I now see to be very clever. This should have been apparent to me sooner as Mueller is nothing if not clever.

The special counsel is intentionally not planning to include the children in his investigation and thus will not charge them in his ultimate findings.

Keeping his eye on the big picture--Donald Trump and what he did that is potentially indictable or impeachable in order to cleanse the system, Mueller does not want to incite Trump even more than he is fulminating at present.

Mueller suspects that if he moves against any of the children, Trump will go off the rails and immediately pardon them, disband Mueller's team, and fire Attorney General Sessions and Mueller himself, precipitating a constitutional crises that will make Watergate look no more troubling than a parking ticket.

As a backup to a version of likely mass firings reminiscent of the Watergate Saturday Night Massacre, in addition, the main thing from a Mueller perspective, is to get enough work completed, enough evidence double and triple checked, enough of the mosaic of evidence pulled together into a coherent and convincing narrative, and to insure enough channels are in place to leak all of this to the public and Congress if it hits the fan before he completes his work. 

Mueller wants to make it certain that Americans get the full report of his findings. To, if necessary, leak them so no matter what Trump does to him and his staff, the truth will out.

The bottom line for the investigation and for us is what Trump knew and then did. If our democracy is to survive we need to know the peril in which we have been so that we can recover what has already been lost. Everything Mueller does should be viewed in this critical light.