instrument to undermine the investigation
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instrument to undermine the investigation.
According to present and former White House advisors, the
President's recent spates of pardons are in part his way of taunting the
Special Counsel. The White House, according to these sources, is aware
that the Special Counsel has concluded the pardon power is near
absolute: the President can certainly pardon himself, and others
involved in the investigation.
Early in June, the Special Counsel, believing that a pardon for
Michael Flynn was imminent, rushed to build a case that might form an
exception to the President's pardon authority. The argument, perhaps a
slim thread one, tries to undermine what both the White House and
many outside legal authorities, and much of the Special Counsel's own
research, believes to be one of the few unchallengeable powers granted
the President. In effect, the Special Counsel continues the theme of it’s
case: there is a level of obstruction of justice that all reasonable men
might know when they see it. If you pardon someone to get yourself off
the hook, that’s a "corrupt" action. Since the President is in charge of
upholding the constitution and much of the constitution is about
preventing corrupt acts, the pardon, in the case of Michael Flynn, is
unconstitutional. What's more, since there is an impeachment process
in place—or there at least several impeachment resolutions before
congress—and impeachment is the province of Congress, a pardon ofa
potential witness in this impeachment is an unconstitutional trampling
on the separation of powers.
As the President, by nature and design, tries to claim aggressive
new powers, the Mueller team, almost in equal proportion, is trying to
limit the theory of Presidential power and, even, to criminalize an
expansive exercise of those powers.
People who know and have worked with Mueller find it, at best,
unexpected that such a traditional, and by the book, G-man, would be
pursuing such far-reaching legal theories. One view, shared by the
White House, is that Mueller is overly reliant on his staff. In this
scenario, the legal charge is being led by his number two, Andrew
Weissman, the aggressive prosecutor whose pursuit of the accounting
firm Arthur Anderson in the Enron debacle end in its conviction—a
judgement reversed well after the firm's bankrupcy and dissolution.
Weissman is a particular bet noir and favorite whipping boy for the
White House.
HOUSE_OVERSIGHT_029172
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