Mueller’s Copperhead Bill of Attainder

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American Greatness

Mueller’s Copperhead Bill of Attainder

By Ken Masugi| May 10th, 2019

On the one hand, the second part of Special Counsel Robert Mueller’s report reads like a brief opposing presidential powers in a separation of powers dispute. But even more, it reads like a justification for a bill of attainder or an ex post facto law—two forbidden forms of legislation in the Constitution (Article I, Section 9, clause 3; and Section 10, clause 1). Such constitutionally prohibited laws are designed and targeted to punish individuals (in this case President Donald J. Trump) and are not general statements about the rule of law. A Congress devoted to identity politics, or politics about personal traits, can only fashion laws that make personal attacks on people.

Thus, as a defender of the Constitution, Attorney General Bill Barr should dismiss part two of Mueller’s report like dicta (unsupported viewpoints) in a Supreme Court opinion, or a bizarre brief concocted in a stupor—as Barr evidently has done.

Citing cases involving President Nixon’s Watergate materials, the special counsel’s odd thoughts on the separation of powers are owed no deference whatsoever. White House Special Counsel Emmet Flood recently gave a justly deserved tart reply to Mueller   

[Draggingtree]

Barr Trumps Mueller

by Richard A. Epstein

Monday, April 22, 2019

The recent release of the Mueller Report has brought with it neither peace nor finality. Rather, it marks the end of only the latest skirmish in the ongoing war between an embattled president and his determined Democratic foes. To be sure, the charges of collusion between the Trump campaign and the Russians have been safely put to bed.

But the battle over whether the President engaged in obstruction of justice in the aftermath of his electoral victory has flared anew, in large measure because Mueller issued a Scotch verdict of not-proven when he wrote: “Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.” That passage offers an open invitation to Congress to continue an investigation of whether the president obstructed justice. Progressive Democrats are now pressuringSpeaker of the House Nancy Pelosi to begin impeachment proceedings against the president on just that charge.

Yet, is the obstruction charge merited? Not in my view. Mueller’s Report is far less persuasive than the much-criticized unsolicited memorandum on the same topic that William Barr submitted to Deputy Attorney General Rod Rosenstein on June 8, 2018, prior to Barr becoming Attorney General of the United States.    https://www.hoover.org/research/barr-trumps-mueller