Joe diGenova & Victoria Toensing May 23, 2018
The FBI opened Crossfire
Hurricane, a counterintelligence investigation
of the Trump campaign, on July 31, 2016. Ten
months later, Acting Attorney General Rod
Rosenstein passed the counterintelligence baton
to special counsel Robert Mueller to continue
the inquiry. Thus, the question of whether there
was “any links and/or coordination between the
Russian government and individuals associated
with the campaign of President Donald Trump” has
dragged on for 22 months.
To quote former FBI
director James Comey when defending the drafting
of an exoneration of Hillary Clinton in May
2016, 11 months into her email investigation and
before interviewing her, “If you’ve been
investigating something for almost a year, and
you don’t have a general sense of where it’s
likely to end up, you should be fired because you’re
nationals and three Russian companies were
charged with conspiracy and identity theft
involving a Russian propaganda campaign. Paul
Manafort and Rick Gates were charged with
financial crimes occurring years before Donald
Trump even announced his presidential candidacy.
Gen. Michael Flynn and George Papadopoulos were
charged with making false statements to the FBI
about matters that were not criminal if they had
admitted to them. Not one document implicates a
single person from the Trump campaign linked
with the Russian government to effect the 2016
Justice Department Office of Legal Counsel
opinions hold that a sitting president is constitutionally
immune from indictment.
Mueller, appointed under executive authority, is
obliged to follow them. Why, then, does he seek
the president’s testimony? It can only be to
provide it to Congress for impeachment
The House can impeach
the president for refusing to testify, but
Mueller violates separation of powers if he uses
the weaponry of a grand jury subpoena to gather
evidence for another government branch.
If Mueller does not have
evidence of collusion after 22 months, he should
not be fired. He should call it quits.
Joe diGenova, a former U.S. attorney, and
Victoria Toensing are founding partners of
diGenova & Toensing, LLP in Washington.
Conflicts recently prevented them from joining
the president’s legal team.