News broke last night that former Russiagate special counsel Robert Mueller has agreed to testify next month after a subpoena was issued by the U.S. House Judiciary and Intelligence Committees. As Fox News reported:
Former Special Counsel Robert Mueller has agreed to testify before the House Judiciary and Intelligence Committees on July 17 after they subpoenaed the special counsel Tuesday, according to the committees’ chairmen, Reps. Jerry Nadler, D-N.Y., and Adam Schiff, D-Calif.
Congressional Democrats have fought to get access to Mueller and his unredacted report on Russian interference in the 2016 presidential election and whether President Trump obstructed justice. Weeks of negotiations between House Democrats and the Justice Department ultimately ended with the subpoena.
Interestingly, as Fox News also notes, the subpoena is best described as a “‘friendly’ subpoena,” or “one that in essence had been planned” already.
Famed Harvard Law School professor emeritus Alan Dershowitz, who has emerged as one of the Trump administration’s strongest legal defenders in the public square, immediately took Reps. Nadler and Schiff to task for the subpoena. According to Dershowitz, Democrats are “shooting themselves in the foot” by calling Mueller to testify. Also per Fox News:
Democrats will regret issuing a subpoena to former Special Counsel Robert Mueller, who agreed to testify later this summer, according to Alan Dershowitz.
Mueller cannot refuse to answer questions from Republicans not covered by “privilege,” Dershowitz claimed on Fox News’ “The Ingraham Angle.”
“I’m trying to stop them from shooting themselves in the foot,” he said.
The Mueller report, which centered on Russian interference in the 2016 election and possible subsequent obstruction of justice allegedly committed by President Donald Trump, was released in April. As The Daily Wire reported shortly after the release of the report, the generally lackluster nature of the report’s findings resulted in support for presidential impeachment dropping to under 40%:
Overall, only 37% of voters across the board now support impeaching the president, down five points from January. But among Democrats, support for impeachment has dropped by double digits — 12% — since the Mueller report was published, down from nearly 75% of Democratic voters to 62%. “Independents,” who will be key to a Trump re-election victory, responded even better than Americans at large: only 36% now believe Trump should be impeached.
At the time, I was strongly critical of the warped nature of the Mueller report’s conclusion that Trump was “not exonerate[d],” and elaborated in a Daily Wire op-ed:
If a prosecutor does not have the evidence to formally bring forward charges against an individual, then he ought to not equivocate. The prosecutor simply ought to state that he does not, in fact, have that evidence and that there will therefore be no charges filed. Period.
With Kavanaugh, the Left threw away thousands of years of “innocent until proven guilty” civilizational norms, but at least it occurred within a context of a political judgment. The extension of that discarding of the “innocent until proven guilty” civilizational norm to the legal realm ought to be downright harrowing for anyone who cares about resisting authoritarianism. It amounts to nothing less than the complete inversion of one of the most foundational tenets of our Anglo-American legal order. And it ought to be stridently and unequivocally rebutted, lest it perniciously spread any further.