Robert Mueller’s Disastrous Testimony And Its Significance, Part One

A transcript of the testimony is here.

The amazing thing is that the Democrats held the hearings at all. Mueller, as a matter of legal ethics and client confidentiality, was severely limited regarding what he  could say beyond what was already in his investigation’s report. Desperate to gain some public relations traction in their endless, nation-rending determination to end a legal and duly elected Presidency without the inconvenience of an election, one can only surmise that Mueller’s ethically problematical press conference led them astray, and not only astray, but into a disaster of their own making.

The first hint that something was amiss was Mueller’s request that an aide sit by him and assist in his testimony. That was not only unusual but ominous, and the Republicans on the committee quickly rejected it. Once Mueller started answering questions, it was painfully clear why this request had been made. He looked disoriented and confused. The 75-year-old Justice Department veteran had to ask committee members to repeat their questions repeatedly, as if he was having difficulty focusing. He often did not know whether the representatives were asking him questions or if they were reading from his own report. In  the first 90 minutes of the hearing, Mueller asked for clarification of questions more than 10 times. Under questioning from Rep. James Sensenbrenner (R-Wisc.), Mueller asked: “And where are you reading from on that?” “I’m reading from my own question” was the answer.  “Then can you repeat it?” Mueller asked. The audience laughed. By the end, the audience had stopped laughing. As Obama strategist David Axelrod tweeted, the performance was “painful” to watch.  Mueller asked Rep. Sheila Jackson Lee to restate her question three times.  Rep. Matt Gaetz (R-Fla.) asked the 14 word question, “Attorney #2 in the Inspector General’s report and Strzok both worked on your team, didn’t they?” and Mueller appeared to be confused by it.“Pardon me?” Mueller replied. After Gaetz restated his question, Mueller replied: “And the question was?” Asked by Head Trump-hunter Judiciary Chairman Jerry Nadler (D-N.Y.) to explain what his investigation  found “in plain terms,” Mueller answered: “Well, the finding indicates that the president, uh, was not, uh, the president was not exculping, uh, exculpated, uh, for the acts that he allegedly committed.”

Ah! Well thank you, sir, that explains everything! Nadler looked as if he wanted to start banging his head on the table.

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MSNBC Legal Analyst Tweets Fake News, Social Media Makes It Viral, Prof. Turley Makes Excuses. Yecchh. [UPDATED]

First, MSNBC legal analyst Joyce Alene Vance sends out the completely false tweet above. Of course Fox News covered the hearing. Why would she do that? Is it because she works for all all-anti-Trump-spin all the time network? Or is it because she’s a hard core partisan, having been an Obama U.S. Attorney? Maybe its because she’s not a journalist, and has no idea what kind of standards journalists are supposed to use before reporting “news.” Then again, virtually nobody at MSNBC appears to know what ethical journalism is.

Whatever the reason, she tweeted it, and immediately confirmation bias set in, with such sophisticated political analysts as horror novelist and well-established Trump-hater Stephen King helping to spread the word–three “words,” really: Fox won’t report news unfavorable to Trump, Trump is afraid of the Mueller Report (never mind that anyone’s been able to read it for months) and that Mueller’s testimony was going to be a likely calamity for the President—to his more than 5 million followers.  [NOTE: It wasn’t. It was a calamity for “the resistance” and Robert Mueller’s reputation]

Here’s King:

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Lunchtime Ethics Appetizer, 6/3/2019: Self-Censorship, Trump’s Ridiculous Jumbo, Turley On Mueller, And A College Ranking Scandal [Updated]

Bon Appettit!

1. To self-censor or not to self-censor. Right after expressing here my dilemma about whether to risk political and partisan backlash by raising current, important and legitimate legal ethics issues from the Mueller investigation, there were a flurry of articles and podcasts about the dangers of self-censorship in a climate where Americans are being systematically intimidated from opposing the Woke Collective. This is a classic ethical dilemma, with ethical considerations like integrity, duty, citizenship, honesty and responsibility, are opposed by non-ethical considerations, like keeping one’s job, paying the bills, and not being cast as a pariah in one’s profession.

I was also reminded of my problem by Instapundit referencing today an old  Washington Post article about Mao’s mass murders. My company lost a lucrative sexual harassment training deal after two Chinese nationals (that I did npt know were in the audience) too offense at a tangential comment about Mao’s exterminations dwarfing those of Hitler and Stalin  (but not Darth Vader). Both contacted me and demanded apologies, claiming that it was Western propaganda and that the Great Leader had “only” executed millions out of necessity. I refused (I know I have mentioned this before here) and said I was sincerely sorry they had been subjected to cultural influences that had warped their ethics, and that if I had been aware that this was a sensitve topic to anyone in the audience, I would have omitted the reference. Having spoken the truth, however, I was not going to deny or apologize for it.

“Why didn’t you just apologize?” my client asked. And I was reminded of the moment in “1776” when a royalist in the Continental Congress asks Jefferson why he called King George “a tyrant” in the Declaration. “Because he is a tyrant,” Jefferson answers.

I’m an ethicist, I said. I’m not going to whitewash the massacre of 45-60 million people because someone is offended by the truth.

That was the end of that contract…

2. The President issues a Jumbo. Why does he do things like this? I have no idea. It si the political equivalent of pushing a pie into his own face. In an interview with the British tabloid, The Sun tabloid, Trump responded to a query about his reaction to  Megan Markle’s statement  that he is a “misogynist” and her suggestion that “she’d move to Canada if you got elected; turned out she moved here.” He said, “Well, a lot of people are moving here, so what can I say. No, I didn’t know that she was nasty.”

Of course Trump was attacked for saying that to a British newspaper—it was racist, it was an insult, the usual. Of course the President shouldn’t stoop to personal swipes at anyone; on the other hand, that’s what he does when he is attacked himself.  “Tit for Tat” and “doing unto others as they did to you” are part of Trump’s “ethics.” Can’t we stipulate this by now? Can’t TRUMP stipulate it at this point?

Then he tweeted, “I never called Meghan Markle ‘nasty.’ Made up by the Fake News Media, and they got caught cold! Will @CNN, @nytimes and others apologize? Doubt it!” He did this knowing that the Sun had his statement recorded, and sure enough, the paper  released the audiotape.

See, the idea behind Jimmy Durante saying “Elephant? What elephant?” when caught stealing the biggest pachyderm in the world in a musical comedy is that it’s obviously desperate and ridiculous, and intended to be funny.

This is just self-destructive, disturbing, and really, really stupid.

3. Jonathan Turley on Mueller. The George Washington Law prof has consistently been a voice of reason and objectivity reagarding the Mueller investigation. He has recently written two excellent columns on Mueller’s public statement, here, and here.

Greg should send them to his ex-friend.

4. Why is this more damaging to a school than, say, falsely instructing students about justice, the right to representation, and due process?

From TaxProf Blog: “University Of Oklahoma Inflated Its Alumni Giving Data For 20 Years, U.S. News Strips Its #127 Ranking”

The University of Oklahoma admitted to  U.S. News that it had inflated its alumni giving data since 1999, which affects its placement in the National Universities, Best Value Schools, Top Public Schools, Best Colleges for Veterans and A-Plus Schools for B Students rankings and lists. For the 2019 Best Colleges rankings, the University of Oklahoma originally reported its two-year alumni giving rate at 14 percent. The school informed U.S. News the correct value is 9.7 percent. The average alumni giving rate has a weight of 5 percent in the Best Colleges ranking methodology.

And now,

A former OU student has filed a class action lawsuit against the University of Oklahoma as a result of the university being stripped of its U.S. News & World Report ranking. [Gretzer v. Oklahoma, No. 19-490 (W.D. OK May 28, 2019]

The lawsuit, which was filed May 28 on behalf of former OU student Elani Gretzer and all OU undergraduate students since 1999, alleges the university broke contract by providing false alumni giving data to U.S. News & World Report, inflating its ranking in U.S. News & World Report’s “Best Colleges” ranking as a result.

The lawsuit alleges the U.S. News & World Report’s ranking of the Price College of Business was a “material factor” in Gretzer’s decision to enroll at OU. … The suit is also filed on behalf of an estimated minimum of 350,000 people — all OU students who have enrolled since 1999, the year in which OU has admitted it began providing false information to U.S. News & World Report.

Morgan Cloud (Emory) & George Shepherd (Emory), Law Deans In Jail, 77 Mo. L. Rev. 931 (2012):

A most unlikely collection of suspects — law schools, their deans, U.S. News & World Report and its employees — may have committed felonies by publishing false information as part of U.S. News’ ranking of law schools. The possible federal felonies include mail and wire fraud, conspiracy, racketeering, and making false statements. Employees of law schools and U.S. News who committed these crimes can be punished as individuals, and under federal law the schools and U.S. News would likely be criminally liable for their agents’ crimes.

Some law schools and their deans submitted false information about the schools’ expenditures and their students’ undergraduate grades and LSAT scores. Others submitted information that may have been literally true but was misleading. Examples include misleading statistics about recent graduates’ employment rates and students’ undergraduate grades and LSAT scores.

U.S. News itself may have committed mail and wire fraud. It has republished, and sold for profit, data submitted by law schools without verifying the data’s accuracy, despite being aware that at least some schools were submitting false and misleading data. U.S. News refused to correct incorrect data and rankings errors and continued to sell that information even after individual schools confessed that they had submitted false information. In addition, U.S. News marketed its surveys and rankings as valid although they were riddled with fundamental methodological errors.

One question: why isn’t Harvard’s ranking being lowered? I suspect that it’s because maleducating students and systematically undermining American values and civil rights isn’t included in the criteria.

It should be.

Comment Of The Day: “Morning Ethics Warm-Up, 5/29/2019: ‘It Depends On What The Meaning Of _____ Is’ Edition” [Item #1]

One of the many things I deeply resent about the “resistance”/Democratic Party/ progressive/mainstream media assault on the President, elections, our democracy and the connective tissue that has held the United States together—aside from such minor inconveniences as the likely permanent damage it has done to society and the viability of the American experiment—is how it has rendered so many familial, personal and professional relationships unsustainable after one party or the other has fallen prey to Stage 5 Trump Derangement.

Commenter Greg has chronicled an experience that too many will find familiar. Here is his Comment of the Day on #1 in the post, “Morning Ethics Warm-Up, 5/29/2019: “It Depends On What The Meaning Of _____ Is” Edition.”

I’m not on Facebook, so I can’t unfriend anybody. But inspired by Jack, I finally did block a (former) friend from texting me today after the following exchange, which is in tone exactly like all of the other text conversations that I have endured with him for over three years:

Former Friend: https://twitter.com/atrupar/status/1133766034874404864. Compare what Barr said and what Mueller said:

BARR: “[Mueller] made it very clear that was not his position. He was not saying that but for the OLC opinion he would have found a crime.”

MUELLER: “If we had confidence POTUS clearly did not commit a crime, we would have said so.”

According to Barr, Mueller didn’t find that Trump committed crimes and the OLC didn’t have anything to do with it. But Mueller says Trump committed crimes and he would have charged him if not for the OLC opinion. So Mueller contradicted both of Barr’s LIES today. Barr lied and dropped the charges and let Trump go. We gotta impeach both these criminals.

Me: There’s no inconsistency between what Mueller said and what Barr said. There is a continuum:

1. Clearly did not commit a crime.
2. Probably did not commit a crime.
3. 50/50 whether he committed a crime.
4. Probably committed a crime.
5. Clearly (i.e., beyond a reasonable doubt) committed a crime. This is the only circumstance under which a crime would be charged.

Mueller said the evidence was not sufficient to establish #1 and he did not comment on whether it established #2 through #5. Barr said the evidence was not sufficient to establish #5 and he did not comment on whether it established #1 through #4. Mueller didn’t say that Trump committed crimes and he certainly didn’t charge him with any crimes.

Former Friend: Bullshit. Barr said the barrier to charging a president was NOT a factor in failing to bring a case against Trump. Mueller said today that is the only reason why they didn’t charge Trump. A LIE.

Me: No. Barr didn’t say that the barrier to charging a president wasn’t a factor in Mueller’s decision. He said that it wasn’t a factor in his own (and Rosenstein’s) decision. Barr and Rosenstein decided not to consider whether or not a president could be charged with a crime under any circumstances because they had determined that the evidence did not establish #5. Mueller decided not to consider whether or not the evidence established #5 because he had determined that a president could not be charged under any circumstances. There’s no inconsistency.

Former Friend: Read the fucking transcript.

Me: I read the transcript and I read the Mueller report and I read Barr’s letter. Barr’s letter said: “Rod Rosenstein and I have concluded that the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense. Our determination was made without regard to, and is not based on, the constitutional considerations that surround the indictment and criminal prosecution of a sitting president.” That means that they determined that there was no proof of #5 even aside from the barrier to charging a president.

The Mueller report says, “We considered whether to evaluate the conduct we investigated under the Justice Manual standards governing prosecution and declination decisions, but we determined not to apply an approach that could potentially result in a judgment that the President committed crimes.” That means they did not make any determination about whether or not the evidence established #5. They said they decided not to make that evaluation because the “threshold step” had not been satisfied. The “threshold step” was a determination of whether the president could be charged with a crime. Because they determined that the answer was no, they did not move to the second step, which would have been evaluating whether the evidence was sufficient to establish #5. That means they decided not to make a determination one way or the other about #5 because of the barrier to charging a president.

That’s what Mueller said today, too. “We concluded that we would not reach a determination one way or the other about whether the President committed a crime…. We will not comment on any other conclusions or hypotheticals about the President.” This is exactly the same as the report. They are not expressing any opinion about #2, #3, #4 or #5 and they refuse to speculate.

Former Friend: You are so full of shit. You just sit there and repeat Trump’s talking points over and over again. Evidence doesn’t matter to you at all.

Me: [block]

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Ethics Quote Of The Year: U.S. Attorney General Bill Barr

“One of the ironies today is that people are saying it is President Trump who is shredding our institutions. I really see no evidence of that. From my perspective, the idea of ‘resisting’ a Democratically elected president and basically throwing everything at him, and really changing the norms on the grounds that we have to stop this president. That’s where the shredding of our norms and institutions is occurring.”

—The Attorney General, on CBS This Morning today.

Exactly. Continue reading

Lunchtime Ethics Warm-Up, 5/30/2019: Bye! Go For It! And Who Cares?

A yucky ethics meal.

(Sorry)

1. Why is this worthy of being published? Here’s a long Washington Post writer whine that he ““doesn’t recognize”the U.S. any more, and wants to run off and hide someplace better. Why is this any more useful and enlightening  than the rant of some wacko who has decided that human beings have been replaced by pod people, or that we’re really all lying dormant in a Matrix-like sleep? The article is just free-flowing Left-wing bitching and Trump hate that could have been written by any one of thousands of resistance fanatics in the last three years.

Why should anyone care or be enlightened that Ted Gap, whoever he is, regards the U.S. as a viper pit of  “xenophobia” (aka “enforcing the law and protecting the borders”), “its saber-rattling” (aka “foreign affairs”), “its theocratic leanings” (known as “religion”), “its denial of facts and science” (code for “not being willing to spend trillions and send the standard of  living and the economy backwards based on unconfirmed theories and projections”), “its tribalism” (I suspect Ted means the “tribes” he doesn’t personally favor), and “its petty and boorish president” (so if Ted’s candidate loses an election, it means that it’s not the U.S. any more. Got it. Typical “resistance” member.) Continue reading

Robert Mueller’s Bizarre And Unethical Public Statement

There have already been comments on Ethics Alarms regarding Robert Mueller’s surprise public statement to, I assumed, clarify some things being muddled in the political grandstanding and media mush. Frankly, I am not certian what  he thought he was doing, but my suspicions aren’t pretty. The statement was either unethical, or incoherent. Just so we are on the same page, here is the full statement. I’ll be back at the end… Continue reading

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART II]

[Continued from PART I, here]

As with Saddam’s disastrous bluff, the “we have enough for impeachment but we’re not going to impeach just yet” dance involves some reckless brinkmanship and depends on corrupt and under the table alliances, with the mainstream media replacing the U.N and its complicit members. So far the media has neglected to educate the public regarding how desperate and absurd the current subpoena tactic is, with its close similarity to the Radical Republicans’ attempt to get rid of President Andrew Johnson by demanding that he obey an illegal law, the Tenure of Office Act. (“Andrew Johnson? Who’s that? You must mean Lyndon Johnson, right? No?”)

As Johnson did, President Trump has a Constitutional obligation to protect the Separation of Powers from a House majority intent on abusing its oversight powers. The House Democrats are simultaneously claiming that they have enough WMDs—lets’ call them WTDs, Weapons of Trump’ Destruction—to take down the President, while they continue to search desperately for what they are lying about having. Thus they are demanding that they see the unredacted Mueller report, which would be illegal, getting Trump’s tax documents, which would be a dangerous abuse of privacy and the oversight function, and forcing the former White House Counsel to reveal privileged information, which he cannot legally or ethically do. The idea appears to be to let these orchestrated controversies distract the public and continue into the 2020 campaign, with the Democrats running on a “he should be impeached, but it’s easier just to beat him” theme.

The only question is whether the news media will be any more successful saving the Democrats from their dishonest and dangerous bluff than the U.N.’s crooks were protecting Saddam. I doubt it. The U.N. had and even now has more credibility than  the self-flaying news media, and for good reason.

Last week, for example, two New York Times columnists made foolishly weak arguments that Trump had committed impeachable offenses. For clinically Trump-deranged Charles Blow, for whom every column is a barely restrained primal scream against Trump’s existence, the imagined offense is criticizing the press for being exactly as corrupt, biased and untrustworthy as Blow proves it is every week. His own dishonesty is what distinguishes the column; for example, he writes that a poll (Blow loves cherry-picking polls, a flaw he shares with Trump) found that 49% to 36%, Republicans agree that the news media is “the enemy of the people,” but all other groups say that the media “is an important part of democracy.” Continue reading

I Figured It Out: The Congressional Democrats Are Imitating Saddam Hussein [PART I]

I was just lying awake with a dismal headache, as  “Iolanthe’s” Lord Chancellor memorably sung, when it suddenly came to me, like a bolt from Olympus.  I realized what it was that the unethical impeachment-rattling strategy of Nancy Pelosi and the Democrats reminded me of. It’s the same trick Saddam Hussein attempted regarding his elusive “Weapons of Mass Destruction” charade.

If you recall, Hussein tried to pull off a dangerous bluff. Having removed, shipped away to allies, or destroyed all of his WMDs to avoid the Gulf War against him resuming (it was only a cease fire, remember, with conditions that were supposed to be enforced by U.N. members), he flamboyantly behaved as if he still had them. The despot refused to allow the full inspections that the cease fire deal required, and also interfered with air surveillance. These were flagrant violations of the cease fire, but Saddam was certain that he could forestall any military action because the U.N. leadership, and notably Russia and France as well, were profiting from bribes and under-the-table deals to help Hussein get around U.N. sanctions, enriching both him and them while the Iraqi people suffered. His corrupt pals assured him that they were capable of keeping the United States at bay.

Why was Hussein playing this dangerous game? As he explained to his captors after his government was overthrown, he was bluffing to keep Iran from attacking, which he was certain it would do if they knew he had disarmed.

Now, you well might ask why anyone would admire a plan that not only got hundreds of thousands of people killed and wasted billions of dollars, but that also ended up with the planner being captured in a “spider hole” and ultimately executed.  Remember, we’re not talking about entirely rational people here. We’re talking about “the resistance,” and those a party that is hostage to it. The circumstances of the Democrats’ lack of metaphorical WMDs are different in their details: the “resistance” had convinced themselves  that they would get damning evidence from the Mueller Investigation (Trump is a bad guy, so he must be guilty of something), but it provided nothing useful. The Democratic leadership is now trapped in a dangerous game that they think requires them to pander to and mollify a fanatic, anti-American, anti-democracy, furiously anti-Trump base, that is, as that description might suggest, irrational and destructive. Continue reading

And “The Resistance” Jumps The Shark! Pelosi Announces Mind-Bending Impeachment Plan P, and The Washington Post Launches Plan Q

This is all so embarrassing—as an American and an advocate of Constitutional government, I’M embarrassed, and those perpetrating this fiasco have more to be embarrassed about than I do by far— and ridiculous that I am at a loss to describe it fairly. My head-exploding graphics don’t do it justice, and a mere train wreck photo is inadequate. I’m not even certain where to place the focus.

I was tempted to concentrate on the now not rationally disputable fact that if you can read Pelosi’s comments yesterday and consider Greg Sargent’s and Brian Klaas’s columns in the Washington Post and not think, “Holy Cow! These people have completely lost their minds!” you have passed, as the Phantom of the Opera was fond of saying, the point of no return, and your Trump hate and derangement have digested your brain.

This is so, so obvious now, but that’s not an ethics framing, and I’m looking for that. I was thinking about designating the entire Democratic Congress as “Incompetent Elected Officials Of The Month,” but that doesn’t quite encompass the enormity of what we are  witnessing. Similarly, calling the Post’s self-evident decision to put bringing down Trump over all professional standards as well as law, justice and common sense is minimized by calling it mere “mainsteam media bias,” as the Ethics Alarms tag would have it. This is more than that. This is a public display of insanity by those incapable of realizing what craziness is any more.

Did Donald Trump really drive them to this? “Mr. [Trump], are you that smart?”

Let’s start with Speaker Nancy Pelosi, who said

“Don’t tell anybody I told you this: Trump is goading us to impeach him. That’s what he’s doing. Every single day, he’s just like, taunting and taunting and taunting…We can’t impeach him for political reasons, and we can’t not impeach him for political reasons.We have to see where the facts take us.”

I could have made this gallactically unethical statement an”Unethical Quote of The Month,” but again, that would trivialize its significance. Of course, the statement  begins with a “Comnnie Chung,” an intentionally contradictory “don’t tell anyone I told you this”–what is that? A joke? A signal that Pelosi doesn’t take her own party’s impeachment mania seriously? I have no idea.

I do know, however, that the statement that the President is goading and taunting Democrats into impeaching him is as close as we will ever get to an outright admission that the President’s “high crimes and misdemeanors” consist of his being himself, daring to win the office, and existing on the planet. I’ve checked the POTUS twitter feed: he’s not talking about impeachment “every day” or saying anything that could rationally be interpreted as aimed at trying to goad Congress into taking that step. “The resistance”  regards the President’s existence as enough to justify impeachment. This is Pelosi’s Impeachment Plan P, a Mobius strip, alternate universe theory that says, “We have to impeach him because he’s daring us to and if we don’t, we let him win, but we can’t, but then he’ll win!” [You can find and review Plans A-O here.]

Who in their right mind says things like this in public? It’s like saying “I am  Monga, Empress of the Eels!” You only say it if you are confident your audience thinks you ARE  Monga, or you risk a visit by the men in white coats.

Yet Pelosi’s statement gets worse. “We have to see where the facts take us”—what “facts?” An excessive, disruptive, falsely-reported and dubiously executed investigation provided the facts, and because they do not support impeachment,  the Democrats want to look for more “facts,” they don’t know what, but they are sure they’ll justify impeachment. “Fariness, justice and competence” left the Democrats’ building long ago.

I’m now giving a spoiler on a post I’m working on about impeachment ethics, but this is not how impeachment works, was intended to work, or can work.

What the Constitution says and the Founders intended is that when a President, in office, commits “high crimes and misdemeanors” (“high” refers to crimes relating to the President’s high office, and also modifies “misdemeanors,” meaning that some acts by the President, because of his office and power, may be impeachable even if they are not technically crimes. They are misdemeanors in the general sense, not the legal sense: literally bad acts.), then it may be necessary to remove him from office because those acts make him inherently untrustworthy.

What the Democrats and “the resistance” have been trying to do since the 2016 election is the Bizarro World version of impeachment. Deciding immediately in the wake of their candidate’s defeat (based on no new information that the public didn’t have when it duly elected Trump) that the new President is untrustworthy and dangerous, they have been looking for something that could be used to impeach him. This was essentially what the post-Civil War Radical Republicans tried to do to President Andrew Johnson, and their near-miss failure has been interpreted by many historians (as well as “Profiles in Courage”) as saving the office of the Presidency and maybe the nation itself.

Pelosi’s statement has been mocked in various forums as “we have to pass a bill of impeachment to see what’s in it.”

Bingo.

Now let’s look at the Post’s pundits. Believe it or not, Greg Sargent makes this argument: The Democrats want to get Trump’s tax returns so they can look for something that might justify impeachment, but Trump might prevail in the courts and keep them private, because the courts could hold that Congress was “just rummaging through Trump’s returns to embarrass him and not for a legitimate legislative purpose.” That’s because this is exactly what Congress wants to do.  (I think that the courts rejecting the House’s subpoena is more than possible; it’s virtually certain.)

Democrats dare not take the chance that a court would reject its demand for Trump’s tax documents, because that loss would make Democrats look bad right before the 2020 elections. Ah, but if the Democrats start proceedings to impeach Trump first and then demand the tax returns as part of the inquiry, then they have a “legitimate purpose” to seek the returns!”

There it is: Impeachment Plan Q! Impeach Trump to get his taxes, and then use those taxes to impeach him! Brilliant!

Sargent says, in full derangement mode,

“Not getting Trump’s returns would allow him to get away with one of his most blatant acts of contempt for transparency, for the separation of powers and for the notion that basic accountability should apply to him at all.”

What? When did not providing the public with tax returns become an impeachable offense, since every President before Nixon did exactly that? Accountability for what? The IRS under multiple administrations examined Trump’s returns, and did not find any crimes. Sargent is just giving us “resistance” blather. Ann Althouse calls it “histrionic,” also a good word, and nicer than “nuts.” She writes,

“If the courts took the position Sargent is afraid of, it would be because the court was enforcing separation of powers, limiting Congress to the legislative role and protecting the Executive power from encroachment. Trump isn’t showing “contempt” for separation of powers. He’s taking a position on separation of powers. That position would either win or lose in court, and the court would give the final answer on the meaning of separation of powers.”

Greg Sargent is the model of rationality, however, compared to colleague Brian Klaas, who issues one false theory after another:

“So here’s a question for congressional leaders: Precisely how many crimes does someone have to commit before impeachment hearings are warranted? Does the person in question get a pass if it’s three or fewer? Was there some clause in the Constitution that I missed that says it’s okay for the president to direct a criminal conspiracy in certain circumstances? Is there a Federalist Paper that says the president can commit tax fraud so long as it was years ago, or that obstruction of justice is fair game so long as it happens on Twitter? To oppose impeachment hearings now, you have to believe that the president allegedly engaging in three separate categories of criminal acts isn’t serious enough to even consider impeachment. Really?”

How did a Post editor let this get published? There was no “conspiracy”; the Mueller report was unambiguous on that accusation. The “resistance’s” response is denial at this point, and to keep repeating Big Lies.

Where’s the “tax fraud”? The IRS’s job is to find tax fraud, and didn’t. Trump doesn’t fill out his own returns, and they were presumably examined with unusual care by the agency charged with that responsibility. How dare this hack state as fact that Trump engaged in tax fraud? Oh, he just “knows.” How many times have I heard that justification for impeachment?

And the obstruction claim…there’s no precedent in law or history for punishing opinions, tweeted or otherwise, as “obstruction of justice.” The Justice Department reviewed the evidence and determined that the obstruction theory was weak, ergo no obstruction of justice. Nor was there any underlying crime to try to cover-up by obstruction, and the investigation was not, in fact, obstructed in any way.

It is true that “the resistance” has become completely unhinged gradually, and it may be difficult to see the exact moment of complete detachment from reality, since the movement was hardly rational to begin with. Nonetheless,  that moment has definitely arrived