Mueller’s investigation is missing one thing: A crime

The core problem—at least that we know of—is that Mueller hasn’t found a crime connected with Russiagate that someone working for Trump might have committed. His investigation to date hasn’t been a search for the guilty party—Colonel Mustard in the library—so much as a search for an actual crime, some crime, any crime. Yet all he’s uncovered so far are some old financial misdealings by Manafort and chums, payoffs to Trump’s mistresses that are not in themselves illegal (despite what prosecutors simply assert in the Cohen sentencing report, someone will have to prove to a jury the money was from campaign funds and the transactions were “for the purpose of influencing” federal elections, not simply “protecting his family from shame”), and a bunch of people lying about unrelated matters.

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And that’s the giveaway to Muller’s final report. There was no base crime as the starting point of the investigation. With Watergate, there was the break-in at Democratic National Headquarters. With Russiagate you had…Trump winning the election. (Remember too that the FBI concluded forever ago that the DNC hack crime was done by the Russians, no Mueller needed.)

Almost everything Mueller has, the perjury and lying cases, are crimes he created through the process of investigating. He’s Schroeder’s Box: the infractions only exist when he tries to look at them. Mueller created most of his booked charges by asking questions he already knew the answers to, hoping his witness would lie and commit new crimes literally in front of him. Nobody should be proud of lying, but it seems a helluva way to contest a completed election as Trump enters the third year of his term.

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