Special Prosecutor — Trump Campaign’s Communications with Russia Don’t Warrant One | National Review

So, Attorney General Jeff Sessions has recused himself. Great!Just one question: From what?Yes, yes, Sessions is a good and decent man. He is a scrupulous lawyer who cares about his reputation. Thus, in stark contrast to Obama administration attorneys general, he strictly applied — I’d say he hyper-applied — the ethical standard that calls on a lawyer to recuse himself from a matter in which his participation as counsel would create the mere appearance of impropriety. The standard is eminently sensible because the legitimacy of our judicial system depends not only on its actually being on the up and up but on its being perceived as such.If it looks like you’re conflicted, you step aside, period. Simple, right? Well . . .Much as I admire our AG’s virtue (and you know I do), let’s pause the preen parade for just a moment. There’s a tiny word in that just-described ethical standard that we need to take note of: matter. A lawyer doesn’t just recuse himself. He recuses himself from a legal matter — from participation in a case. When we are talking about the criminal law, that means recusal from a prospective prosecution. You need a crime for that. Prosecutors do not recuse themselves from fishing expeditions or partisan narratives.So . . . what is the crime?We need to ask this question because, rest assured, this does not end with Jeff Sessions. No more than it ended with Mike Flynn. No more than it would end if the media-Democrat complex were to obtain the much coveted scalp of Steve Bannon, Kellyanne Conway, Seb Gorka, or one of the other Beltway gate-crashers we’ve come to know over the last six improbable months. The objective is President Trump: preferably, his impeachment and removal; but second prize, his mortal political wounding by a thousand cuts just in time for 2018 and 2020, would surely do.As I tried to explain in my book Faithless Execution (2014), impeachment cases do not just spontaneously appear. They have to be built over time, and with vigor, because most Americans — even those who oppose a president politically — do not want the wrenching divisiveness and national instability that impeachment unavoidably entails. The reluctant public must be convinced that there is urgency, that the president’s demonstrated unfitness has created a crisis that must be dealt with.But remember: Democrats are from Mars and Republicans are from Venus.Democrats have an iron-cast stomach and an unseemly zeal for upheaval. They’re ready to build a case. All they lack is a case.In the matter of Barack Obama, the GOP had an actual case based on systematic executive overreach and the empowering of America’s enemies, the kind of threat to the constitutional framework that induced Madison to regard the impeachment remedy as “indispensable.” Yet agitating for upheaval is against the Republican character (a generally good trait, though paralyzing in an actual crisis). Plus, President Obama’s personal popularity always insulated the unpopularity of his agenda and bathed even his most lawless actions in a glow of good intentions. Republicans had no stomach for mentioning impeachment, much less building a case.Democrats, by contrast, have an iron-cast stomach and an unseemly zeal for upheaval. They’re ready to build. All they lack is a case. No problem: They have made one up, and they are confident not only that they will build it into a national crisis of confidence in the presidency but that the Republicans will help them.And lo and behold, Republicans are helping them. Unwittingly perhaps, but helping all the same.Let’s try to keep our eye on the ball here. The “Russia hacked the election” narrative is laughably false. Russian intelligence, at most, hacked e-mail accounts of prominent Democrats during the campaign. That is not hacking the election, which would require manipulating the voting process. And it almost certainly had zero impact on the outcome of the election. Remember, these are the same Democrats who spent nearly two years telling you that Hillary Clinton’s own scandalous e-mails made no difference — she was going to glide to victory. Do they really expect you to believe she lost because of John Podesta’s comparatively benign e-mails (Thought experiment: Outside us political wonks, what percentage of the American electorate actually knows who the hell John Podesta is?)Let’s look hard at the farcical “Russia hacked the election” narrative and ask: Have any crimes been committed, and by whom?Yes, we know that crimes of hacking were committed. Again, this was not hacking of the election; it was hacking of Democrats, during the campaign, months before the election. Not only do we know there were hacking crimes; government investigators tell us they know exactly who did it: Russian intelligence services. That was what the FBI pronounced in the largely content-free report it released jointly with the CIA and NSA. Thus, the only apparent crimes have already been solved.Yes, we know that crimes of hacking were committ

Source: Special Prosecutor — Trump Campaign’s Communications with Russia Don’t Warrant One | National Review

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