Amid strenuous conservative criticism of the Mueller team (the best of it by Trey Gowdy and Tucker Carlson), and equally strenuous pushback from progressives (led by Adam Schiff), Andrew McCarthy offers a serious analysis of what should–and shouldn’t–concern the public about the investigation’s fairness.
McCarthy is a former federal prosecutor with considerable experience. His stance is conservative but not doctrinaire, and his analysis is not a prosecutor’s case against Mueller.
Is special counsel Robert S. Mueller III running an impartial investigation?
That this is a fair question to ask is itself troubling.
In Mueller’s case, there are various grounds for worry. Mueller’s investigation was triggered when former FBI director James B. Comey, no fan of the president who dismissed him, leaked a memo of a meeting with President Trump. Comey admitted hoping this revelation would lead to appointment of a special counsel….
Furthermore, the investigative team Mueller has assembled includes Democratic donors and supporters, including one lawyer who represented the Clinton Foundation and one who represented a subject in the Hillary Clinton email investigation. This month, moreover, it came to light that two members of the team, who had also worked on the Clinton email investigation, were having an extramarital affair and exchanged text messages expressing partisan political views — favoring Clinton and depicting Trump as “loathsome.”
Worse, in one August 2016 text, one of them, FBI agent Peter Strzok, asserted that the FBI “can’t take that risk” that Trump could be elected, equating some unspecified action against this seemingly unlikely possibility to “an insurance policy in the unlikely event you die before you’re 40.” Dismayingly, this text, which crosses the line between political banter and tainted law enforcement, refers to a meeting in the office of FBI Deputy Director Andrew McCabe, then (and now) the bureau’s No. 2 official.
McCarthy praises Mueller for his results (which “so far appear free of political taint”) and for removing Strzok from the investigation. He is not alarmed that Mueller’s staff has strong political views, but is concerned about Andrew Weissman for a specific reason.
A gifted career Justice Department lawyer, Weissmann sent former acting attorney general Sally Yates an effusive email shortly after Yates was fired for insubordinately defying Trump on enforcement of the so-called travel ban. The obstruction aspect of Mueller’s investigation calls for an objective evaluation of how much independence law-enforcement officials have from the chief executive. Weissmann’s lauding of Yates suggests he is not objective on this point.
McCarthy’s conclusion: Remove Weissman to ensure the public perception of fairness.