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Soon, it is inevitable that Robert Mueller III, super-WASP, ex-Marine who won medals for bravery in Vietnam, Yalie and UVa lawyer and former long time FBI Director, and author of The Mueller Report, a two-volume treatise on the evils of Donald Trump, aka (by me) TRUMPUTIN, 45th (and possible last) President of the Electoral College of the United States of America, will testify before Congress.

its mueller time

Mueller is being asked to testify before Congress as to what he and his colleagues created over the past two years, starting on May 17, 2017. My prediction: he will resign as Special Counsel shortly after he completes two years on the job, and testify, whether Trumputin wants him to or not.

Report On The Investigation Into Russian Interference In The 2016 Presidential Election Volume I of II

My prediction: he will resign as Special Counsel shortly after he completes two years on the job, and testify, whether Trumputin wants him to or not.

One thing that should be stated first is that Mueller and his team were not charged with investigating the entire World of Donald Trump, but only "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump; and any matters that arose or ay arise directly from the investigation; and any other matters within the scope of 28 C.F. R. Section 600.4(a)." [re the jurisdiction of the Special Counsel] He was also "authorized to prosecute federal crimes arising from the investigation of these matters."

Any other matters the Mueller team came across in their investigation would have to be handed off to other Department of Justice prosecutors around the country, or disregarded. This was a key restriction, which hindered some of their investigative process over the past two years. Another hindrance was that Mueller had to tie any Russian contacts had to be by the "Russian government" with "individuals associated with the campaign".

Two problems:

  • The Russians who contacted the Trump campaign were not working for the "Russian government", at least directly. They were loosely associated with Putin and his criminal henchmen, most likely oligarchs or private Russian citizens who may have formerly worked for the Russian government as spies or were financial or legal "consultants" with no direct current ties to the government.
  • The Trump campaign was a loosely associated group of individuals swirling around the centerpiece, The Donald, moving into the campaign and then being fired or moving to the campaign "outer circle" or out of the campaign entirely. The Mueller team could not determine who was actually "associated with the campaign" when they did something. Mueller found that "the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities (Vol. I, p. 2).

This was a major problem when they were looking at "collusion". Collusion is not a federal crime; the closest crime is when two or more people "conspire" or "attempt to conspire" or "endeavor to conspire" with people in the Russian government. For example, let's say that three people are in a car parked in front of a bank. They have weapons, ski masks, and a note stating "give me all your money". Before they can enter the bank, they are arrested. They have committed the crime of endeavoring to conspire, or attempting to conspire, to rob the bank, even though they never set foot in the bank.

On August 2, 2016 the head of the Trump campaign Paul Manafort and his associate Rick Gates met with Konstantin Kilimnik, a Russian national with ties to Russian intelligence, at a cigar club in New York City. Manafort and Gates gave Kilimnik polling information they had obtained regarding the "battleground" states of Minnesota, Wisconsin, Michigan and Pennsylvania. This polling data was shared before, during, and after this meeting, up to the election. Manafort told Mueller that he expected Kilimnik to pass the polling data on to Russian oligarch Oleg Deripaska, a close friend of Putin. (Vol. I, p. 129)

After they left the secret meeting separately, Mueller could not prove what Kilimnik (who has been indicted) did with the polling data, as he is now on the run. Did he pass it on to his friend Deripaska, who then passed it on to Putin and/or operatives who worked for the Russian Internet Research Agency (IRA), who were also indicted? (The IRA was in charge of the Russian media effort to interfere in the 2016 American Presidential campaign.)

The IRA then would have used the polling data on these battleground states to target those states with the fake media blitz (clearly identified by Mueller) that the IRA used to influence the close elections in these states. Trump won Wisconsin, Michigan and Pennsylvania by less than a total of 79,000 votes, and as a result won the 2016 election. In my mind, this was the main reason that Trump won the election.

A secondary reason was the fact the Jill Stein, the Green Party candidate for President in 2016, sat at the same table with Putin and convicted Trump National Security Advisor Michael Flynn at the December, 2015 RT dinner in Moscow. What was she doing there? Did the Russians help finance her campaign, donating millions of dollars through "cutouts", third parties who could not easily be traced to the Russians? The Green Party got hundreds of thousands of votes in those three battleground states, more than enough for Clinton to win the election if the Green Party had not syphoned the votes off to Jill Stein.

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Mueller found "no collusion", as Trumputin has proclaimed ad nauseam, and Mitch McConnell has stated "Game over". But it is only halftime; there is another half to play. Let's say that Kilimnik is vacationing at a Baltic beach, and a team of Navy SEALS surfaces on the beach and drags him off to some CIA site, where he is "convinced" to spill the beans. Or some of the IRA operatives who haves been indicted suffer the same fate in the next year or so. Touchdown!!!

Other witnesses will be called to testify before Congressional committees, including White House Counsel Don McGahn, Donald Trump, Jr. (who just has agreed to testify again to the Senate Intelligence Committee), Rick Gates (again), and perhaps even Trumputin, who refused to testify before Mueller after giving written answers to Mueller's questions, which were almost entirely useless due to his extreme lack of recollection ("I have one of the greatest memories", he boasted).

Even more importantly, a number of pending case have been transferred to other U.S. Attorney's Offices, which could lead to more incriminating "collusion" information, including one involving Trump long time friend Roger Stone, who has boasted about his contacts with WikiLeaks.

Also, 14 "ongoing matters" have been referred to other U.S. Attorney's Offices, particularly the Southern District of New York (called the "Sovereign" District, due to its long term independence from the Department of Justice in D.C., including ones involving Michael Cohen and Geoffrey Craig. The other 12 are redacted out, but some likely involve the Trump Organization's long history of laundering Russian money through Deutsche Bank and possibly the New York Mafia, with the help of the testimony of Michael Cohen and Trump Organization CFO Allen Weisselberg, who was granted immunity from prosecution in exchange for his testimony, and others. Watch for more indictments soon.

Mueller noted (Vol. I, p. 10) that "the investigation did not always yield admissible information or testimony or a complete picture of the activities undertaken by subjects of the investigation", because they took the Fifth Amendment and were not considered appropriate candidates for grants of immunity, and "internal DoJ policies" limited its pursuit of information known to attorneys or individuals claiming to be members of the media, or legally privileged information. Mueller also complained that some witnesses provided information that was false or incomplete, and "the Office faced practical limits on its ability to access relevant evidence as well--numerous witnesses and subjects lived abroad, and documents were held outside the United States."

Finally, Mueller noted that he was hindered by some of the individuals investigated or interviewed "who deleted relevant communications or communicated during the relevant period using applications that feature encryption or that do not provide for long-term retention of data or communications records", which resulted in Mueller "not able to corroborate witness statements through comparison to contemporaneous communications or fully question witnesses about statements that appeared inconsistent with other known facts." (Vol. I, p. 10)

As a result, "given these identifiable gaps, the Office cannot rule out the possibility that the unavailable information would shed additional light on (or cast in a new light) the events described in the report." (Vol. I, p. 10) As I said, it is only halftime…

A further problem is that Mueller was applying a "beyond a reasonable doubt" standard for determining if there was a violation of law. But the Congress is charged under the Constitution with looking at "Treason, Bribery, and other high Crimes and Misdemeanors" to determine if Trumputin or other government officials should be impeached. The standard that Congress will be looking at is much lower than "beyond a reasonable doubt". It is whatever they decide it to be. Ben Franklin (to whom I am remotely related) believed that a President who is "obnoxious" can be impeached, one who has abused the power of his office. Many think Trumputin has done that in spades.

Did Trumputin himself collude directly with the Russians? As he entered the rough and tumble world of New York City real estate development, which operates on the fringes of the Mafia, in the early 1970s, he enlisted the legal services of Roy Cohn, fresh from his days as anti-Communist Senator Joe McCarthy's rough operative. Cohn taught Trumputin how to operate and not leave his fingerprints: don't write anything down (except for signing contracts), and if you want something done, have a loyal lieutenant (who would "take a bullet" for you) execute your orders, giving you "deniability".

He adopted the same strategy during his Presidential campaign: his loyal assistants, especially his children and son-in-law, executed his orders, which may never have been issued as express orders. He would make statements of "fact", getting his aides to agree that they were facts, and based on past dealings with him, they knew what he wanted done. On March 31, 2016 he gathered his third rate "foreign policy team" around him at the then uncompleted Trump international Hotel in D.C. He told them that he wanted to improve relations with Russia, and "did not want to start World War III". They knew exactly what he wanted and did everything they could to implement it, including seeking the Russians' help to get Trumputin elected.

Mueller concluded (Vol. I, p. 173) that "the investigation established multiple links between Trump Campaign officials and individuals tied to the Russian government. Those links included Russian offers of assistance to the Campaign. In some instances, the Campaign was receptive to the offer, while in other instances the Campaign officials shied away. Ultimately, the investigation did not establish that the Campaign coordinated or conspired with the Russian government in its election-interference activities."

In making this statement, Mueller seemed to have blinders on. Instances like the August 2, 2016 meeting of Manafort and Kilimnik in the NYC cigar club when polling data on the battleground states was provided to the Russians looks like a clear conspiracy, and there were multiple endeavors by the Trump campaign to collude with the Russians. Mueller reviewed the following of the 120 plus contacts of Russians with the Trump campaign, and amazingly found no conspiracy or attempt or endeavor to conspire:

  • GRU hacking directed at the Clinton campaign, the DCCC and DNC
  • Dissemination of the hacked materials via DCLeaks, Guccifer 2.0 and WikiLeaks
  • Intrusions into the administration of U.S. elections (two hackings into Florida county election systems have just been identified, post Mueller Report)
  • Trump Tower Moscow project
  • George Papadopoulos's Russian contacts
  • Carter Page's Russian contacts
  • Dimitri Simes's and the Center for the National Interest's Russian contacts, and Jeff Sessions' and Jared Kushner's contacts
  • The June 9, 2016 meeting at Trump Tower
  • Events at the Republican National Committee regarding Ukraine
  • Post-convention contacts with Russian Ambassador Kislyak
  • Paul Manafort's long term ties to Russia and Ukraine
  • Post-Election and Transition-period contacts, including by Erik Prince, Jared Kushner, Michael Flynn and Carter Page.
  • More to come...

Ted Vaill