Monday, March 25, 2019

Mueller Report--Turtle

I see I've never commented on the Mueller operation, so I can't claim any credit for prescience nor do I have to cover up any mistaken predictions.  Just call me "turtle".

The Barr interpretation of obstruction law fascinates me: apparently you need three things: a crime, acts which obstruct justice, and the intent to obstruct.  As of today it's not clear which of the three (one or more) Barr finds missing or not sufficiently supported by the facts as Mueller's presents them.  It might be the crime, it might be that no one lied to FBI agents (as Flynn did), just lied to the public, or it might be everyone in the Trump campaign and administration is so confused they had no clear intent.

I tend to lean towards the idea that all the people involved were babies, new to the political world, and thus experienced things as babies do, in the words of William James, as "blooming, buzzing, confusion."  Thus their collusion with the Russians was accidental, their attempts to cover up things were out of fear of embarrassment, not prosecution, and thus failed on the intent.

We'll see if that's that picture journalists and historians develop as the Mueller report becomes public and more analysis is done.


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