Mueller’s team is under scrutiny
Critics question special counsel’s impartiality in Russia investigation
WASHINGTON — Robert Mueller was greeted with near universal praise when he was appointed to lead the investigation into possible coordination between the Trump campaign and Russia during the 2016 election, but as he builds his special counsel team, his every hire is under scrutiny.
At least seven of the 15 lawyers Mueller has brought on to the special counsel team have donated to Democratic political candidates, five of them to Hillary Clinton — a fact that President Donald Trump and his allies have eagerly highlighted. These critics also point to some of the lawyers’ history working with clients connected to the Clintons and Mueller’s long history with former FBI Director James Comey as they question whether those assigned to the investigation can be impartial.
Criticizing those conducting an investigation is not a new tactic: Democrats famously put Independent Counsel Ken Starr in the crosshairs during his examination of President Bill Clinton.
“By staking out the position of partisanship through campaign contributions, the president simply is setting a stage for a public relations assault down the road,” said Jacob Frenkel, a defense lawyer at Dickinson Wright who previously worked in the now-defunct Office of the Independent Counsel.
Trump has called the special counsel’s investigation the “single greatest WITCH HUNT in American political history,” adding that it was “led by some very bad and conflicted people!”
In a more recent interview on Fox News, the president said that Mueller was “very, very good friends with Comey, which is very bothersome,” and that “the people that have been hired are all Hillary Clinton supporters, some of them worked for Hillary Clinton.”
“I mean the whole thing is ridiculous, if you want to know the truth from that standpoint,” Trump said. “But Robert Mueller’s an honorable man and hopefully he’ll come up with an honorable solution.”
Mueller has brought in 15 attorneys to work with him — among them former colleagues at the firm WilmerHale and veteran Justice Department lawyers, said Peter Carr, a spokesman for the Special Counsel’s Office.
Only 13 have been publicly identified.
Put together, the team is a formidable collection of legal talent and expertise with experience prosecuting national security, fraud and public corruption cases, arguing matters before the Supreme Court and assessing complicated legal questions.
Seven special counsel team members have donated to Democratic campaigns — five of those to Clinton’s — and their giving totals nearly $53,000. The other six that are publicly known to be on the team did not give any political contributions, records show.
Ethics experts said the giving should not preclude anyone’s participation. Justice Department policies and federal law actually prohibit discriminating based on political affiliation when it comes to hiring for nonpolitical positions — meaning Mueller might feel he cannot consider donation history when he makes hires.
“Bottom line is, I don’t see how donations are relevant,” said Richard Painter, who was the ethics lawyer for President George W. Bush. “I’ve never heard of a single case where a prosecutor has been removed because of a political donation.”
Ethics experts said they see no reason Mueller — who had previously registered as a Republican — would have a conflict.
Mueller also has professional connections, and some of those are allied with Trump.