The Mercury News Weekend

The many ironies, unintended consequenc­es of Mueller probe

- By Victor Davis Hanson Victor Davis Hanson is a syndicated columnist.

Special counsel Robert Mueller has indicted 13 Russian nationals for allegedly conspiring to sow confusion in the 2016 presidenti­al election. The chance of extraditin­g any of the accused from Vladimir Putin’s Russia is zero.

Some of the Russians’ Keystone Cops efforts to disrupt the election favored Donald Trump (as well as Bernie Sanders). Yet Mueller’s team made it clear that the Russians neither colluded with any U.S. citizens nor had any material effect on the election’s outcome.

Is it now time to prosecute foreigners for attempting to interfere with a U.S. election? If so, then surely Christophe­r Steele, the author of the Fusion GPS dossier, is far more culpable and vulnerable than the 13 bumbling Russians.

Steele is not a U.S. citizen. Steele colluded with Russian interests in compiling his lurid dossier about Donald Trump. Steele did not register as a foreign agent. And Steele was paid by Hillary Clinton’s campaign to find dirt on political rival Trump and his campaign.

Steele’s position is far worse than that of the Russians. One, he is easily extraditab­le. Two, his efforts really did affect the race, given that the dossier was systematic­ally leaked to major media and served as a basis for the U.S. government to spy on American citizens. Three, no one disputes that American citizens — Hillary Clinton, members of the Demo- cratic National Committee, and anti-Trump partisan Glenn Simpson and his Fusion GPS team — colluded by paying for Steele’s work.

Mueller’s team also has leveraged a guilty plea from former Trump national security adviser Michael Flynn for making false statements to FBI investigat­ors. If the Flynn case is now the Mueller standard, then we know that a number of highrankin­g officials are vulnerable to such legal exposure.

Department of Justice official Bruce Ohr deliberate­ly omitted on federal disclosure forms the fact that his wife, an expert on Russia, worked on the Fusion GPS dossier.

Steele himself probably lied to the FBI went he claimed he had not leaked the dossier’s contents to the media.

As far as obstructio­n charges go, Mueller has other possible targets. Former Attorney Gen- eral Loretta Lynch met secretly with Bill Clinton on a jet parked on a tarmac in Phoenix shortly before the Justice Department closed the probe of Hillary Clinton and chose not to pursue charges against her. Comey said Lynch asked him not to use the word “investigat­ion” when discussing the Clinton email probe. What is going on? Mueller is under enormous pressure to find collusion between the Trump team and Russia, or to find that the Trump team obstructed justice by trying to hide such collusion. But neither likely happened. Mueller was appointed at a time of national hysteria, brought on by partisan journalism based on a leaked dossier — itself a product of a discredite­d British agent working with Russian sources while being paid by the Clinton campaign.

Investigat­ing any possible crimes committed by members of the Clinton campaign or the Obama administra­tion apparently is taboo, given the exalted status of both. But every time Mueller seeks to find incidental wrongdoing by those around Trump, he only makes the case stronger that behavior by those involved in the Clinton campaign and the Obama administra­tion should be investigat­ed.

If such matters are not treated in an unbiased manner, we are not a nation of equality under the law, but a banana republic masqueradi­ng as a democracy.

Robert Mueller is under enormous pressure to find collusion between the Trump team and Russia, or to find that the Trump team obstructed justice by trying to hide such collusion. But neither likely happened.

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