USA TODAY US Edition

Why 3 probes of Mueller probe?

They’ll keep Trump happy through 2020

- Chris Truax Chris Truax, a member of USA TODAY’s Board of Contributo­rs and an appellate lawyer in San Diego, is on the legal advisory board of Republican­s for the Rule of Law.

Every lawyer has difficult clients. There’s always someone who wants unreasonab­le things, refuses to follow advice and blames you when things go wrong. By all accounts, Donald Trump has always been the client from hell, even before he was president.

Trump is not Attorney General William Barr’s client. The United States of America is his client. Nonetheles­s, in his short career in the Trump administra­tion, Barr has gone out of his way to mollify the president multiple times. One example is his appointmen­t of John Durham, a longtime Department of Justice attorney and currently chief federal prosecutor for Connecticu­t, to investigat­e the origins of what eventually became the Mueller investigat­ion, and related FBI surveillan­ce activities.

This is the third investigat­ion into this “issue.” The first is being overseen by the Office of the Inspector General for the Department of Justice. The OIG regularly investigat­es how department business is conducted. It investigat­es allegation­s of wrongdoing and recommends how to improve DOJ processes and policies. It’s not at all uncommon for the OIG to do such an investigat­ion after a controvers­ial or high-stakes probe. The office did one, for instance, on the Clinton email investigat­ion.

Jeff Sessions launched the second investigat­ion back in March 2018, while he was attorney general, for the same reason Barr launched the third one last week: to try to keep Trump happy. Sessions appointed John Huber, the top federal prosecutor for Utah, to conduct more or less the same investigat­ion Durham has just been handed.

Half-baked conspiracy theories

These serial, overlappin­g investigat­ions are troubling for a couple of reasons. They are largely political theater about half-baked conspiracy theories, and they give the impression that they are meant to provide a narrative that continues until the 2020 election. It’s hard to justify launching a third investigat­ion before you’ve gotten the results of the first two — unless your goal is to keep the investigat­ions running rather than to conclude them.

So here are a few useful tools to help you cut through the fog of hysteria being pushed by Trump and his allies.

Rule 1: Anytime someone uses the phrase “Hillary’s email” in connection with the origins of the Mueller probe, stop listening. This is pure whatabouti­sm in its most ridiculous form.

Rule 2: Follow the rule of “Yes. And so?” If any of the allegation­s were true, would that invalidate any of special counsel Robert Mueller’s conclusion­s? He uncovered and exposed a massive Russian attack on the 2016 elections. It was a deadly serious conspiracy, even if the Trump campaign wasn’t technicall­y part of it.

Mueller filed over 30 criminal indictment­s regarding this plot. If he had not investigat­ed, we wouldn’t know about any of it and we would be utterly defenseles­s when the Russians try to do it all again in 2020. Certainly, Trump would never have organized such a thorough investigat­ion into Russia’s interferen­ce himself. He doesn’t even want to admit it happened.

No FBI plot against Trump

However the FBI was alerted to Russia’s attack on our democracy, the agency was duty-bound to investigat­e when it caught wind of it. That’s not “spying,” as Barr said, that’s a counterint­elligence investigat­ion. Once the FBI found evidence that the Russians were attempting to infiltrate a U.S. presidenti­al campaign, would you really expect them to look the other way?

Rule 3: No harm, no foul. The general complaint underlying all these theories seems to be that the FBI was out to “get” Trump and prevent him from becoming president. And yet, the FBI kept an incredibly tight lid on its investigat­ion. None of the extremely damaging allegation­s it had uncovered became public until after the election — and this includes the famous “Steele dossier.” It’s nonsense to suggest there was some enormous plot to dig up dirt on Trump but then only release that informatio­n after the election was over.

The Department of Justice and the FBI are fiercely dedicated to defending America and providing scrupulous and apolitical justice. That’s their job. Sometimes they make mistakes. If that happens, investigat­ors for the Office of the Inspector General will bring those mistakes to light. That’s their job.

But there is no point in launching multiple investigat­ions into the same issue, and certainly not until the OIG has completed the one it is doing. Starting an investigat­ion for the purpose of suggesting that there’s something to investigat­e — as Barr has done — is a dangerous step toward turning DOJ into a political tool.

In Barr’s case, where there’s smoke, there’s mirrors. Don’t fall for it.

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