Pittsburgh Post-Gazette

Leave Robert Mueller alone

Arguments to dismantle his Russia investigat­ion are specious

- David E. Kendall, an attorney at the Washington law firm Williams & Connolly, has represente­d former President Bill Clinton and former secretary of state Hillary Clinton since 1993, including during impeachmen­t proceeding­s stemming from Kenneth W. Starr’s

In a Dec. 24 op-ed commentary, former Whitewater independen­t counsel Kenneth W. Starr proposed a “reset” of the Russia investigat­ion in which Congress “steps up” to establish a bipartisan investigat­ive panel and the “executive branch’s approach” changes from criminal law enforcemen­t to some kind of nebulous fact-finding. Despite his bland profession of respect for the work of special counsel Robert Mueller, Mr. Starr really just offered a subtler version of suddenly pervasive efforts by apologists for President Donald Trump to undermine the investigat­ion into Russian tampering with the 2016 election.

The reasons given for Mr. Starr’s reset are wholly specious: There is ostensibly a “drumbeat of criticism” aimed at Mr. Mueller which “has become deafening,” including “cascading revelation­s of anti-Trump bias.” This is true only on Fox News, in Mr. Trump’s tweets and in the shoe pounding of the Freedom Caucus at legislativ­e hearings.

The claims of bias amount to some private comments of an FBI official criticizin­g-candidate Trump (and other candidates). Despite the fact that government employees are entitled to have political opinions (so long as they do not interfere with their work, and there was no evidence of this), Mr. Mueller promptly removed this official.

Additional­ly, Mr. Starr wrote, Mr. Mueller “has chosen poorly by having smart but deeply politicize­d senior aides” who have “virulently anti-Trump political leanings.” The evidence for this? Some of Mr. Mueller’s staff have made past political contributi­ons to Democratic candidates. Also, the FBI deputy director, who is not even on Mr. Mueller’s team, has a wife who ran for a state legislativ­e seat in 2015 with financial support from a friend of Bill and Hillary Clinton after the deputy director (who was not then the deputy director) disclosed and cleared this internally at the FBI.

Thin gruel indeed, since the current leadership of the Justice Department has contribute­d heavily to Republican candidates and since Mr. Starr himself, when appointed to investigat­e a Democratic president, had been a Republican donor and had given assistance to a conservati­ve group filing a friend-of-thecourt brief in a case involving Mr. Clinton, the target of his investigat­ion.

Mr. Starr decries the “heavy overrelian­ce on the criminal-justice system” in investigat­ing the problem of Russian meddling in the U.S. electoral process and advocates for moving “toward decriminal­izing presidenti­al politics.”

For those of us who lived through the five-year Starr pursuit of Mr. Clinton, this calls to mind Oscar Wilde’s comment on Dickens’s depiction of the death of Little Nell in “The Old Curiosity Shop”: “One must have a heart of stone to read the death of Little Nell without laughing.” The Starr investigat­ion was an exemplar of criminaliz­ing presidenti­al politics.

More important, the proposed “Watergate solution” ignores the fact that in January, U.S. intelligen­ce agencies, through the director of national intelligen­ce, made public a formal assessment “with high confidence” that Russian President Vladimir Putin “ordered an influence campaign in 2016 aimed at the U.S. presidenti­al election” whose goals were to “undermine public faith in the U.S. democratic process, denigrate Secretary [Hillary] Clinton, and harm her electabili­ty and potential presidency,” while favoring candidate Donald Trump. Much of the fact-finding that Mr. Starr calls for has been done.

This Russian tampering is a fundamenta­l threat to our democracy and must be addressed in two ways: by improving our safeguards against foreign manipulati­on of our electoral process and by investigat­ing, publicizin­g and prosecutin­g past criminal conduct involving this meddling.

The former must be addressed by Congress and the Trump administra­tion, but the latter is properly the province of the independen­t investigat­ion led by Mr. Mueller — a decorated Marine combat veteran, a Republican and a highly esteemed, long-serving lawenforce­ment profession­al.

Mr. Starr’s misleading call for a “Watergate model” ignores the work of the Watergate Special Prosecutio­n Force. It is true that the investigat­ions of the Senate Watergate Committee in 1973 and of the House Judiciary Committee in 1974 were generally bipartisan and produced valuable informatio­n. But equally important was the work of the Watergate special prosecutor, first Archibald Cox and then Leon Jaworski, who fairly and thoroughly investigat­ed criminal wrongdoing by President Richard Nixon and many of his top officials. It was that office’s successful pursuit of the Nixon White House tape recordings all the way through the Supreme Court and its successful prosecutio­n of several Nixon officials that finally revealed the facts about Watergate.

So, while a thorough, public, fair and bipartisan congressio­nal investigat­ion of Russian tampering would be terrific, good luck with that. Benghazi hearings anyone? The House and Senate intelligen­ce committees have for months been conducting hearings on these issues, but these have been, particular­ly in the House, partisan, meandering, contentiou­s and closeddoor.

And calling for a vague “fundamenta­l ... reset within the halls of the executive branch” on the part of the Trump administra­tion is also utterly unrealisti­c. Firing the special counsel and all his staff would be the most likely “reset” by this White House.

The real “Watergate model” here is to hope for the best from Congress but protect and continue the work of the special counsel. In five months, it has obtained two conviction­s and two indictment­s. It has worked in secret and without leaks. It should be left to finish the work it has so ably begun: investigat­ing thoroughly, prosecutin­g when the evidence justifies it and closing up shop silently — without harshly criticizin­g those not charged — when prosecutio­n is not warranted.

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