Opposing view: End of Mueller’s investigation is overdue

It sounds harmless to suggest that the Mueller investigation be allowed more time to finish its work. But is it? Let’s review some history. Recall that the investigation was begun to learn whether the Trump campaign had gotten help unlawfully from Russia. Justice Department regulations permit appointment of a special counsel only if (i) there is reason to think that a federal crime has been committed, and (ii) investigating it would present a conflict of interest for the Justice Department or there is another overriding public reason to take the investigation outside DOJ.

Because Attorney General Jeff Sessions had worked on the Trump campaign, he recused himself from the matter, and so the deputy — Rod Rosenstein — took the decision to appoint a special counsel. The regulations require that such an appointment recite the facts justifying the conclusion that a federal crime was committed, and specify the crime. However, the initial appointment of Robert Mueller did neither, referring instead to a national security investigation that a special counsel has no authority to pursue.

Although Rosenstein apparently tried to correct his mistake in a new appointment memo, he has thus far refused to disclose, even to a federal judge, a complete copy of it. In other investigations supposedly implicating a president — Watergate and Whitewater come to mind — we were told what the crime was and what facts justified the investigation. Not here.

Nor have any of the charges filed in the Mueller investigation disclosed the Trump campaign’s criminal acceptance or solicitation of help from the Russians. The one indictment that relates to Russian criminality charges that the Russians hacked Democratic Party computers and committed other social media abuse, but says specifically that if the Trump campaign got the benefit of it, that was “unwitting” — i.e., without criminal intent.

Since then, although the White House has produced documents in the tens of thousands, the investigation has gotten further from anything suggesting Trump campaign criminality involving Russian influence, not closer. Michael Cohen and Stormy Daniels, however fascinating, have nothing to do with Russian campaign influence. What’s the harm in letting it go on? First, the law requires that a special counsel investigate a specified crime based on specified facts, not try to be the second coming of the Lone Ranger.

But further, the ongoing investigation saps the resources and attention of the Trump administration. If the administration cannot function, the burden of this constantly shifting investigation will give rise to a narrative that any failure was due to the Mueller diversion — that the Trump administration was stabbed in the back. That is potentially more damaging to our politics than any salaciousness that might be tossed up by Robert Mueller.

For both legal and political reasons, the end of this investigation is overdue.