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Perhaps the most valuable services that the media is providing the general public at this time is found in the interviews of individuals who rank as “expert witnesses” in the court of public opinion. One example is Malcolm Nance, who explains the workings of the intelligence community, as it relates to the Russian-Trump scandal. By listening to Mr. Nance, and reading his books, the public gains the knowledge needed to come to a proper understanding of current events.
Likewise, both CNN and MSNBC frequently feature retired federal prosecutors to explain how the legal system works. One of the most important among these is Paul Butler, who is currently a professor at Georgetown University's Law Center. His insights are as important to our understanding of the federal court system, as are Mr. Nance's to our grasp of his area of expertise.
In one of his July appearances on MSNBC, for but one example, Mr. Butler noted that the Department of Justice has a policy of not subpoenaing targets of investigations to testify before a grand jury. This policy, he explained, is distinct from the approach taken with subjects of investigations. With that in mind, we can view the status of some of the members of the Trump campaign, transition team, and administration in a more accurate light.
It may be of particular value in understanding the growing tensions between Mr. Mueller and Trump and his legal team. Publicly, of course, we have witnessed Rudy Giuliani's attempts to both confuse the public, and “get out ahead” of stories that the legal team believes are about to break. As tempting as it is to focus on Rudy, it is important to remember Malcolm X's saying, “Don't aim at the puppet, aim at the puppeteer.”
The serious discussions between Trump's legal team and the Mueller team do not involve Giuliani. He is merely a prop in the court of public opinion, and not a serious legal defense attorney. The nonsense he spouts is therefore best understood as a reaction to the pressure the actual team is experiencing in their communications with Mr. Mueller. Let's look at a current example.
In the past, the Trump team told the Mueller team that the president could not have been attempting to obstruct justice in his private conversations with Mr. Comey regarding “going easy” on General Flynn, because Trump was unaware the FBI was currently investigating Flynn. This week, we learn for certain what we all suspected – that two members of the White House staff had informed Trump that the FBI was investigating Flynn. And that a short time after being thus informed, Trump spoke with Mr. Comey. Thus, by definition, Trump was attempting to obstruct justice.
Keep in mind that Mr. Mueller is in possession of Trump's original letter for firing Mr. Comey, which is distinct from the letter that Mr. Rosenstein was tasked with producing the following day. Safe to say that Trump's rough draft did not focus on the anguish he felt for Mr. Comey's public comments on Hillary Clinton.
This explains exactly why Trump and Rudy are behaving the way they currently are. It is the only alternative that guilty people have, when prosecutors have as much overwhelming evidence as Mr. Mueller's team has.
Always listen carefully to Paul Butler.
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