Mueller Tries Second Delay, Legal Games Indicate No Evidence
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Robert Mueller's special investigation recently entered its second year, and has still failed
to produce a single charge related to allegations of collusion with Russian and its government.
However, early in the investigation, he and his legal team did score 16 indictments; 13
against Russian individuals, and three against Russian businesses.
When the first of those indictments were challenged in court, however, it fell apart.
Now, the special investigator has filed motions to delay the trials indefinitely, which is
strange considering how confident he appeared in the indictments before.
This second request for a delay, along with the legal games the special prosecutors are
playing in federal court, suggests that they have no confidence in their evidence, if they
have any at all.
It appears these sixteen charges were nothing more than a publicity stunt in front of the
media, and the investigation never intended to substantiate their claims at all.
On Tuesday, Mueller again asked a federal judge to reject a law that has been in place
for more than 40 years in the case he brought against 16 Russian entities.
He asked, yet again, that a federal court ignore the 'Speedy Trial Act.'
The Speedy Trial Act is a federal law that states a federal criminal case must begin
within 70 days of the date of indictment.
Last time the special investigator demanded the law be ignored, it was rejected without
comment by federal Judge Dabney Friedrich.
In his court filing on Tuesday, Mueller said that the federal government needed additional
time due to the 'complexity' of the case.
To paraphrase his filing, he stated that district courts are able to, upon request from an involved
party, grant an "excludable continuance" if doing so is in the best interest of the
public.
He continued on to say that there was a "voluminous" discovery issue at stake, and that the court
needed to resolve a number of procedural issues that were 'unique' to this case.
According to former federal prosecutor Andrew McCarthy, however, it was too late for him
to claim that the 'complexity' of the case required a delay.
He pointed out that the law says the right to a speedy trial belongs to the defendant,
not the prosecution.
If the defendant wants a trial within 70 days, the government has no right or cause to complain.
The government actor (in this case, the special investigation), had every chance in the world
to take their time in seeking indictments.
They controlled the tempo of the investigation and the indictment process.
They chose to rush 16 indictments through, likely as part of a public relations maneuver
to show that the investigation was producing some sort of evidence of 'Russian collusion.'
When they issued these charges, that signaled to the courts (and the accused) that the government
was ready to proceed with a court case against the indicted.
It's likely that when Mueller's team filed the indictments against the Russian individuals
and organizations on February 16, he believed that none of them would ever go to trial.
After all, there is nothing that the United States can do to force them to show up for
these criminal trials.
At worst, they could simply have the individuals arrested if they ever go to a country with
an extradition agreement, and bar the businesses from operating in America.
McCarthy himself pointed out that the charges were nothing but political theater.
In a shocking twist, though, Concord Management and Consulting LLC hired lawyers from American
law firm Reed Smith to represent them.
Just over two weeks ago, Eric Dubelier, a partner at the firm, entered a not guilty
plea in the U.S. District Court for the District of Columbia.
He also filed motions for discovery, and asserted his client's interest in a speedy trial.
He also demanded the jury instructions given to the grand jury that produced the indictment.
Dubelier noted that there was no mention in the charging documents of appropriate mens
rea behind the crime, which is necessary for the claims made against the Russian company.
He even pointed out that there was no specificity to the document, which simply said that Concord
Management committed a crime.
The document made no mention of who, or what group of people within the company, committed
any sort of illegal activity.
The motion for discovery by the defense would require Mueller to turn over intelligence
information about alleged Russian activities.
Last week, the special prosecutor responded to the motion, and said he was prepared to
offer two terabytes of information from Russian social media into the court's record.
It doesn't seem like Mueller was complying with the perfectly legal and reasonable request
for discovery; instead, he seemed to be intent on flooding the docket with a huge amount
of evidence, almost all of which was written in Russian.
McCarthy pointed out that this move was an attempt to "manufacture complexity" where
none necessarily existed, and that it was simply a delaying tactic, hoping to chew into
the defendant's resources.
He added that such dishonest tactics are "apt to make the presiding judge very angry."
It seems like all the negative things people said about Mueller's indictments turned
out to be true.
According to his own court filings, it appears that even the special prosecutor himself is
admitting that he rushed to file charges without having completed his investigation.
Hopefully, this results in these 16 farcical indictments being thrown out.
If the special investigator, who was the former Director of the Federal Bureau of Investigation,
cannot understand how to properly indict people, it's time to shut this special investigation
down.
Just because Mueller did a bad job in completing his own task, that does not mean that the
law should bend to accommodate him.
Laws exist for a reason, and that reason is not to make life easier for the federal government.
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