Friday, April 19, 2019

Mueller had everything he needed to charge Trump with obstruction, but didn't


Mueller's report Thursday walked through excruciating detail of evidence in the obstruction of justice investigation and legal analysis, hitting over and over again how prosecutors had enough to meet the legal threshold for a case against Trump.
    The special counsel examined multiple incidents for potential obstruction. It showed how Trump's actions crossed the threshold for a case when Trump confronted former FBI Director James Comey to "let" national security adviser Michael Flynn go; when Trump fired Comey; when Trump directed his former White House counsel Don McGahn to shut down Mueller; and when Trump tweeted about his former campaign chairman Paul Manafort's charges as he headed to trial.
    In each of these situations, Mueller found evidence that Trump took steps to harm an investigation, had the ability to harm an investigation and had a personal motivation to harm the investigation.


    1. A prosecutor has wide latitude when it comes to bringing charges. For example, if someone is arrested for jaywalking, a prosecutor can bring charges for jaywalking. But how many times does a prosecutor do that? Usually the person gets a ticket and pays a fine. They usually don't get charged with attempted murder because theoretically their jaywalking could have led to an accident that theoretically the person wanted to happen

      Just like a President is not above the law, a President deserves to be treated like everyone else when it comes to the law.

      Would a non-President be charged for obstructing justice given similar circumstances to the case against the President?

      And the answer is a resounding "No!" And the reason is just as the Atty. General laid out: the President can claim he had other motives for his actions.

      Sheesh! It seems every armchair prosecutor is coming out of the woodwork. And I say, "Hurray!! Hurray!" The more the report is mulled over, the more power to the President.

    2. My theory: William Barr is a God sent angel to help Trump. God sends His Angels. Didn’t God send an angel to assist Joshua in the conquering of Israel? Angels come in many forms. Tsvi Fishman writes well on this subject.
      Midrash Rabbah - Genesis XCVII:3
      “The Angel who has redeemed me from all harm—Bless the lads. In them may my name be recalled, And the names of my fathers Abraham and Isaac, And may they be teeming multitudes upon the earth.” (Genesis 48:). This alludes to Joshua and Gideon, as it is written, “Once, when Joshua was near Jericho, he looked up and saw a man standing before him, drawn sword in hand. Joshua went up to him and asked him, Are you one of us or of our enemies? He replied, No, I am captain of the Lord’s host. Now I have come! Joshua threw himself face down to the ground and, prostrating himself, said to him, What does my lord command his servant? The captain of the Lord’s host answered Joshua, Remove your sandals from your feet, for the place where you stand is holy. And Joshua did so.” (Joshua 5:13-15). R. Joshua said in the name of R. Hanina b. Isaac: He cried out from his very toe-nails [The expression from his toe-nails means that he cried out with his whole body], I am captain of the host of the Lord; I am a prince of the celestial host, and wherever I appear the Holy One, blessed be He, appears. The following is an earnest thereof: Wherever R. Jose the tall appeared, Rabbi [his teacher] was to be seen. “Now I have come!” [Rendering it as a rhetorical question]? Surely I came to Moses thy teacher [to accompany him in the conquest of the land], but that he prayed, saying “And he said to Him, Unless You go in the lead, do not make us leave this place.” (Exodus 33:15),If Thy presence go not with me, carry us not up hence (Ex. XXXIII, 15) [He said this in reply to God's proposal, And I will send an angel before thee (ib. 2). Thus he rejected the angel's assistance and demanded God's.].

    3. That may be your analysis, but it is not Mueller's. It seems clear form the report that the answer is a resounding "yes!," but he did not charge Trump because of Department of Justice practices that a sitting president cannot be indicted.

    4. See
      “Alan García, the two-time former Peruvian president who killed himself to avoid arrest, led a criminal group that received millions of dollars in bribes from Brazilian engineering conglomerate Odebrecht SA, according to a top official in the attorney general’s office and an arrest order for Mr. García and his associates. Mr. García ran a criminal ring of corrupt officials during his second term from 2006 to 2011, according to the top official and the 44-page arrest document. Using offshore companies, his inner-circle, including a man nicknamed Bandido by Odebrecht executives, received payments ranging from $10,000 to $860,000 and expensive TV sets in exchange for lucrative public-works contracts, prosecutors allege in the arrest order. Mr. García had denied wrongdoing. Efforts to contact Erasmo Reyna, Mr. García’s lawyer, for comment weren’t immediately successful. Mr. Reyna has publicly defended the late president, writing on his Twitter account on Saturday that “Alan died innocent” and that the prosecutors were “abusive.” He also said that prosecutors hadn’t formally charged Mr. García. Mr. García shot himself in the head on Wednesday during an early morning police raid on his house in this seaside capital. In a suicide note read by his daughter at his wake on Friday, Mr. García said he took his life to avoid the humiliation of other former presidents who have been arrested in a corruption scandal that has rocked the country’s political establishment.... Mr. Garcia’s death has heightened criticism of prosecutors seen as being too aggressive and abusing a legal mechanism called preventive detention, which allows authorities to jail suspects for up to three years before they are charged. Critics say that suspects are denied due process and the presumption of innocence. Prosecutors contend that they are acting lawfully and that preventive detention is necessary to keep influential figures from meddling in their probes or fleeing. Last year, Mr. García unsuccessfully sought political asylum in Uruguay’s Lima embassy. Prosecutors also say the criticism is driven by politicians upset over probes targeting Peru’s elite. On Friday, a Peruvian court ordered former President Pedro Pablo Kuczysnki to be detained for three years despite concerns about the 80-year-old’s health. Ollanta Humala, another former president, was held for nine months until he was released last year. Keiko Fujimori, the powerful opposition leader, is in prison on a 36-month preventive detention order. Alejandro Toledo, another former president, is facing extradition from the U.S. All of them deny wrongdoing.”
      The prosecutors never charged Alan Garcia. Wow. They don’t have to in Peru. There’s something wrong in Peru. In Peru prosecutors can jail up to 3 months without a trial! I say God sent William Barr to block Mueller and his evil team of prosecutors. The case Mueller v Trump is closed, thank God. Abusive prosecutors is a problem world wide: Israel, Peru, USA etc. Under William Barr there is a presumption of innocence until proven guilty. Yes, I support Netanyahu 100% and Trump 100%. Under Lorretta Lynch Hillary Clinton is proven innocent without a trial...

    5. Getting back to Passover, midrashim on God’s Passover miracles.
      God speaks to Moses at the Burning Bush:
      “Yet I know that the king of Egypt will let you go only because of a greater might. So I will stretch out My hand and smite Egypt with various wonders which I will work upon them; after that he shall let you go. And I will dispose the Egyptians favorably toward this people, so that when you go, you will not go away emptyhanded. Each woman shall borrow ושאלה from her neighbor and the lodger in her house objects of silver כלי כסף and gold וכלי זהב, and clothing ושמלות, and you shall put ושמתם these on your sons and daughters, thus stripping ונצלתם את מצרים the Egyptians.” (Exodus 3:19-22).
      The Jewish woman does the borrowing from her Egyptian neighbor. The Jewish woman is the lodger in the house of the Egyptian woman. The Jewish woman was the servant maid to the Egyptian woman. She asks for ושאלה objects of silver כלי כסף and gold וכלי זהב, and clothing ושמלות. “you shall put ושמתם these on your sons and daughters” shows that the gold, silver and clothing was for immediate wearing by the young. Beautiful. Jacob asked for gold and silver in clothing to be buried---to purify themselves from idolatry. “So Jacob said to his household and to all who were with him, Rid yourselves of the alien gods in your midst, purify yourselves, and change your clothes. Come, let us go up to Bethel, and I will build an altar there to the God who answered me when I was in distress and who has been with me wherever I have gone. They gave to Jacob all the alien gods that they had, and the rings that were in their ears, and Jacob buried them under the terebinth that was near Shechem. As they set out, a terror from God fell on the cities round about, so that they did not pursue the sons of Jacob.” (Genesis 35:2-5).
      The gold, silver and clothing was for immediate wearing and not for hoarding. Sweet and poetic.
      I quote Hertz Chumash p. 217
      “Shall ask. For the mere asking, they will be given, in gladness and friendliness precious and valuable gifts. The Heb. שאל means to ask as a gift (see “Ask it of Me שאל ממני, and I will make the nations your domain ואתנה גוים נחלתך; your estate, the limits of the earth.” (Psalms 2:8)), with no idea of giving back the object thus received...upon your sons and your daughters. The striking manifestation of kindliness and goodwill on the side of the Egyptian people is to be remembered by the Israelites throughout the generations; and, therefore, they are bidden to put these gifts and ornaments upon their children, who will ask concerning that great Day when the Lord saved Israel out of the hands of Pharaoh. These jewels, tokens of friendship and repentance, were fittingly employed later in the adornment and enrichment of the sanctuary...The words ונצלתם את מצרים can only be translated and ye shall save the Egyptians, i.e. clear the name, and vindicate the humanity, of the Egyptians.”
      Joseph Orlow asks: Would a non-President be charged for obstructing justice given similar circumstances to the case against the President? Yehoshua replies: That may be your analysis, but it is not Mueller's. It seems clear form the report that the answer is a resounding "yes!,"
      Resounding = unmistakable; emphatic. "the evening was a resounding success" synonyms: enormous, huge, massive, very great, tremendous, terrific, colossal
      No, Yehoshua, on Mueller v Trump. A resounding yes on the poetic and good feelings of the Egyptian people towards the Jewish people on Passover day in Egypt. We were slaves to the Egyptian government: Pharaoh and his couriers. The Egyptian people were not bad. This is like today the mullahs in Iran want us dead, but not the people in Iran.


    please use either your real name or a pseudonym.