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But an Officer on Duty Knows No One... mueller Embodies the Impartiality of Duty in Service of Our Constitution

5/30/2019

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At West Point, they spent a lot of time teaching us about duty.  One of the ways they did that was by having us memorize something called Worth's Battalion Orders, which goes like this: 

"But an officer on duty knows no one. To be partial is to dishonor both himself and the object of his ill-advised favor. What will be thought of him who exacts of his friends that which disgraces him? Look at him who winks at and overlooks offenses in one, which he causes to be punished in another, and contrast him with the inflexible Soldier who does his duty faithfully, notwithstanding it occasionally wars with his private feelings. The conduct of one will be venerated and emulated; the other detested as a satire upon Soldiership and Honor.”
–Brevet Major William Jenkins Worth

Robert Mueller nailed it.  Well done, sir.


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Memorial Day 2019

5/25/2019

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Respect and Gratitude. 
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The Mueller Report: Short survey and a Link

5/11/2019

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In this blog, I make five points in bold text that are my conclusions from the report, with extracted quotations from the report that support my five points.  Then I provide the link to the report so you can, if you wish, read enough of it to come to your own conclusions.  Here's the survey (five easy questions!).

I think all Americans should read the redacted Mueller report, or at least the executive summaries, or at least my excerpts from the executive summaries. I am sorry for those of you who feel I am calling you "bad people" if you do not or will not read the report. I believe it is important for our republic for citizens to care enough to inform themselves when 45 percent of Americans believe we should impeach the President. It's go time.  If you have ever said "thank you for your service" to a veteran, or opined piously on the sacrifice of our fallen on Memorial Day, then I would tell you this is the part of the story where you get to do your part, to put a little something on the altar of our republic. I don't want to tell you what to think. I share with you my conclusions, and the excerpts that support them, below. There is a link to the National Public Radio (NPR) site where you can get the redacted report for yourself.  Inform yourself.

Point 1.  Mueller states he was guided by DOJ policy that you can’t charge a sitting president:

Volume II, p. 1 “We determined not to make a traditional prosecutorial judgment. The Office of Legal Counsel (OLC) has  issued an opinion finding that ‘the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions’ in violation of ‘the constitutional separation of powers.’ Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel regulations, see 28 U.S.C. Section 515; 28 C.F.R. Section 600.7 (a), this office accepted OLC’s legal conclusion for the purpose of exercising prosecutorial jurisdiction.”

Point 2:  Russia interfered in the election effectively to help Trump and hurt Clinton. Senior Trump campaign members knew about the Russian efforts.  Mueller could not or would not establish that there was an agreement in place regarding cooperation between the campaign and Russia.  There is evidence to that effect, but Mueller concluded it was insufficient (perhaps because of Point 1, he felt Congress should make that call with decision whether or not to impeach?—Congress should hear from Mueller on this point):

Volume 1, pp 1-2 “As set forth in detail in this report, the Special Counsel’s investigation established that Russia interfered in the 2016 presidential election principally through two operations. First, a Russian entity carried out a social media campaign that favored presidential candidate Donald J. Trump and disparaged presidential candidate Hillary Clinton. Second, a Russian intelligence service conducted computer-intrusion operations against entities, employees, and volunteers working on the Clinton Campaign and then released stolen documents. The investigation also identified numerous links between the Russian government and the Trump Campaign. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.”

Point 3: Mueller never says there was no collusion.  He says collusion is not a legal term so he applies the higher legal standard associated with conspiracy (“coordination”) and his “understanding” that proof of an agreement is needed to establish that coordination occurred:

Volume 1, pp. 1-2: “In evaluating whether evidence about collective action of multiple individuals constituted a crime, we applied the framework of conspiracy law, not the concept of ‘collusion.’ “

“…collusion is not a specific offense… found in the United States Code…. For those reasons, the Office’s focus in analyzing questions of joint criminal liability was on conspiracy as defined in federal law. In connection with that analysis, we addressed the factual question whether members of the Trump Campaign ‘coordinated’… with Russian election interference activities…. We understood coordination to require an agreement… between the Trump Campaign and the Russian government on election interference. That requires more than the two parties taking actions that were informed by or responsive to the other’s actions or interests. We applied the term in that sense when stating in the report that the investigation did not establish that the Trump Campaign coordinated with the Russian government in its election interference activities.”

Point 4: Mueller is pretty clearly punting this (appropriately in my view) to the Congress for decision.
“A statement that the investigation did not establish particular facts does not mean there was no evidence of those facts.”

Point 5: The President knows he is guilty.  He understands Point 4. That is why he is refusing to comply with subpoenas and trying to block further congressional investigation.

Volume II, p. 78: “On May 17, 2017, Acting Attorney General Rosenstein appointed Robert S. Mueller, III as Special Counsel and authorized him to conduct the Russia investigation and matters that arose from the investigation. The President learned of the Special Counsel’s appointment from Sessions, who was with the President, Hunt, and McGahn conducting interviews for a new FBI Director. Sessions stepped out of the Oval Office to take a call from Rosenstein, who told him about the Special Counsel appointment, and Sessions then returned to inform the President of the news. According to notes written by Hunt, when Sessions told the President that a Special Counsel had been appointed, the President slumped back in his chair and said, ‘Oh, my God. This is terrible  This is the end of my Presidency. I’m f*ck*d.’”

Here is a link to the Mueller Report provided by NPR (National Public Radio):    https://apps.npr.org/documents/document.html?id=5955997-Muellerreport
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Have You Read the Mueller Report?

5/6/2019

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Take the survey.  You can also read the report.
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    Author

    Author of Thy King Dumb Come and Accountability Citizenship, Stephen P. Tryon is a businessman and technologist with extensive experience in e-commerce, a retired Soldier, and former Senate Fellow.

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