A fictional discourse between a learned political science professor and his students.
“I know you are all very busy, but I want to get some of my critical thoughts out to you before we meet in the classroom. Also, I want to put them in writing before I forget them or they are overtaken by fast-moving events.
“You have heard me say I think the ‘rule of law’ is critical to the success of democratic governments. The current appointment of a Special Consul troubles me, for no crime has been identified. Congressional committees are investigating unsourced allegations that people associated with the Trump campaign colluded with the Russians. That is strange, for collusion is not a crime and does not appear in our legal code as a crime. What does that leave?
“In recent history, the Special or Independent Consuls were appointed to investigate a crime and that is what they did. Not necessarily the crime that led to their appointment, but one they found in their free-range probing. With the resources and time available to these extra-legal consuls, they were able to find some illegal activity to prosecute, even if the illegal activity was an untruth uttered under oath. Some might think the Special Consul created the crime in the process of their investigations. But, at least, in those cases they were investigating a crime.
“With no crime or even evidence of a possible crime, the Special Consul will begin by investigating people until a crime is found. A very strange process for a democracy that prides itself on adherence to the ‘rule of law.’
“Only dictatorships of the left or right investigate people to search for a crime. Through coercive interrogations, the Stalinists, Nazi and religious inquisitors always found or constructed a crime and severely punished the culprits. Mr. Mueller and his rapidly expanding staff are doing what? Since they have no crime yet, they are investigating people in search of crime that they will eventually construct so they can prosecute the people who are suspected of participating in some imaginary collusion with the Russians or some barely related activity. Shades of the Stalin Government.
“If Senator Sessions had not so unwisely recused himself for any matters involving Russian collusion, we would not have a Special Consul and certainly not one like Mr. Mueller, who, if he is so honorable and ethical, would not have taken the anti-democratic task of investigating people to find some prosecutable crime. In addition, a legal reading of the legislation authorizing the selection and appointment of a Special Consul shows Mr. Mueller to be ineligible for the position because of his long-term relationship with Mr. Comey. Apparently that disqualification did not concern the Deputy AG Mr. Rosenstein but surely it would not have been missed by Senator Sessions if he had been doing his job as a full-time Attorney-General.
“Why is President Trump concerned and angry with Senator Sessions and the Department of Justice? Very simple, he sees his family and promises to the American people threatened by the unconstrained freewheeling of a biased Special Consul investigating people looking for a crime they can prosecute and an Attorney-General is not overseeing a police state type of disregard of the American ‘rule of law.’”