Discussion: Why Mueller Decided Not To Charge Don Jr. Over June 2016 Trump Tower Meeting

Translation:

MUELLER DECIDES JUNIOR IS TOO STUPID TO COMMIT TREASON.

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Competence is the Deep State.

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According to the DOJ–what is the matter with these people?–you need to be a campaign finance law expert before you can be found guilty of “knowingly and willfully” violating the Rules. I can see the merit of such a restrictive approach to the law in relation to donors. But in relation to people running a campaign? The law actually incentivizes them to not acquaint themselves with the relevant rules? It makes no fucking sense at all.

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Oh come on, ignorant of that? For someone in his position, that is an absurd thing to ignorant of. It is incompetence on a grand scale. Oh… being too incompentent to follow the law sounds like an impeachable offense to me,

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So ignorance of the law (even after being warned that Russia was tmeddling) is a plausible defense!
And for treason, at that!

Mueller really is a republican. He should be ashamed, but like all repugs, it appears he isn’t able to feel shame.

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… and what about the rest of the attendees? Like Kushner? Is he, also, too dumb to know when an action treason is illegal? And Manafort?

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It bears repeating many times. Because it isn’t true for 99.99% of Americans.

Apparently. The problem here is the mental state requirement “willfully,” which in general requires some knowledge that what you’re doing is law breaking. That hurdle gets higher as the complexity and obscurity of the law at issue increases. In terms of Junior, the report seems to indicate he’s just a shithead who couldn’t be expected to know better. As to the other two, I’m not sure how the report handled them. The article was about Junior, so that’s what I was responding to.

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That’s certainly one of the takeaways.

Which brings up a question I have long had about something that happened unrelated to this.

The Trump campaign did mass emails fund raising to foreign entities, including a number of people in English Parliament various Scandinavian countries and numerous MPs in other Commonwealth countries.

To my knowledge, the FEC never brought any charges, or even opened investigations, despite this being widely reported by the actual receivers of the emails. Its against the law to even solicit foreign donations.

And bringing such charges would have removed this defense from the entire campaign.

So why wasn’t it investigated?

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Ding! Ding! Ding! We have a winner!!!

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Mueller’s investigators were unable to find “evidence that the participants in the meeting were familiar with the foreign-contribution ban,” according to the redacted report.

Sounds like a perfect defense for drug-runners:

“Sorry Mr. DEA Agent, I think you’ll find a lack of evidence that I have any awareness bringing 2.5 kilos of cocaine into the United States is illegal. Perhaps you could ask the executives who will be purchasing this from me to explain?”

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There is a big difference in the laws that govern drugs and campaign finances. The campaign finance laws require a higher level of intent. It’s in the statute. I wish to fuck it wasn’t.

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Excuse me while i go to my classroom and remove all the posters about the harms of ignorance. I guess I was wrong. It can be good for you.

Actually, the Twinkie Defense worked the first time.

(Except it was never really a Twinkie defense, but that’s another story.)

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Sooooo If I rob a bank, on foot, when I get caught at the cafe next door, I can claim I was ignorant??? Guess it pays to have money - even in a Special Counsel Investigation … right?

The Twinkie defense was from a Herb Cain column after the defense attorneys for the Milk Moscone assassin claimed diminished capacity due to excessive amounts of junk food.

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Well, they really did not. They argued that the defendant had acted in a state of severe depression. They mentioned his consumption of Twinkies in passing only; they argued it was just one out of several changes in behavior that showed he was depressed.

It was the press that lazily turned what they said into “The Twinkie Defense.”

That’s what I meant when I said that “it was never really a Twinkie defense.”

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this whole episode has laid the foundation for legal foreign influence in our elections, the valuation portion of the discussion seems to indicate a “have at it” when it comes to teaming with, well, just about anyone.

The biggest mistake made by Mueller was allowing Trump to send in questions in writing rather then have to answer them in real time, with adjunct follow-up questioning. I knew from the moment that this acquiescence was proffered that any charges of obstruction were very unlikely. How in the hell can you conduct an investigation so important and not seat the President and have him answer for the ten obstructive acts cited in the report? Mueller pushes to the level of extraneous the issues regarding benefit of the doubt…not just for the President, but for key figures surrounding him. The worst part of it seems to be the rationale used by Mueller that it simply wasn’t worth the time and effort to compel Trump and others like Trump Jr. to testify EVEN at the risk of a constitutional fight. I think that was a mistake. As you read more of the report you can’t help pushing back the nagging feeling that this was a not-so-heroic punt to Congress.