Escrow the Witch Hunt (updated 29sep18)

George Rebane

[This is the transcript of my regular KVMR commentary that was broadcast on 26 September 2018.  It is an augmented version of the previous RR post, ‘Mueller’s “Witch Hunt” Metric’.  An edited version of this commentary was also published in the 29sep18 Union (here).]

Even with the ongoing Kavanaugh confirmation hysteria, the Russia collusion investigation by special counsel Mueller continues to elbow its way into the lead stories of the news cycle, and rightly so.  Should Mueller find some material evidence on impactive collusion or, now the add-on hunt for obstructing justice, then that would have an immediate and material impact on the prospects of President Trump completing his first term.

Today we continue to have the usual Trump enemies like James Clapper, John Brennan, and James Comey appearing daily on leftwing media endlessly rehashing their charges that President Trump colluded with the Russians to get elected, and then engaged in various nefarious acts to obstruct investigations that would bring him to justice, a road that would lead to immediate impeachment and possible conviction by the Senate to remove him from office.

The lack of any evidence to substantiate such allegations does not have any impact to slow the beat of the media propaganda drums that today continue to convince the nation’s voters that Trump is guilty as alleged.  Trump and his supporters respond by calling these evidence-free allegations and the seemingly interminable Mueller investigation a witch hunt.  Basically, they accuse Mueller and his Democrat supporters of following a policy that the investigation will continue until some culpable evidence is found, and the nation along with the administration will be kept on tenterhooks until that time.

Reasonable Americans would agree that Mueller is indeed conducting a witch hunt if by this time he has no culpable evidence or plausible leads to prove collusion and/or obstruction.  But there is no way of resolving this question, or at least putting it to rest without the opposition outcry that the President is trying to interfere with or shut down a productive investigation prematurely to save himself.  Well, there is a solution to a way forward that would put Mueller and team on notice on their implied claim of progress, and give the administration and its enemies a rest from their endless charges and counter-charges.  I will call this the Escrow Solution which I outlined a month ago on Rebane’s Ruminations.  It is implemented as follows.

1. Mueller cites all the evidence to date that supports his contention that he is being prudent and professional in continuing an investigation that so far has claimed no culpable evidence, or evidence relevant to his charter. Under oath he swears to the verity of this information and puts this into an ‘envelope’.
2. The ‘envelope’ is sealed and entered into escrow with a reliable third party, such as a federal court, that is not privy to what is being escrowed. The escrow instructions state that the contents of the ‘envelope’ remain sealed until the Mueller investigation is formally concluded, at which time its contents will be made public.
3. Inspection of said contents at the conclusion of the investigation will then either support Mueller’s current contention that he has probable cause to continue the investigation, or show that he had nothing culpable to that date, and was simply proceeding on a ‘hail Mary’ basis with the hope that something significant might later turn up – i.e. confirming that at least up to the escrow date he was really determined to continue conducting a witch hunt.
4. Depending on how the investigation ends and what sworn assurances Mueller makes upon entering escrow, his reputation and fate will be determined either by the court of public opinion or a court of law. Mueller has no reasonable basis for refusing to enter into such an arrangement given that he has properly conducted the commissioned investigation, and is continuing it because it shows some promise of producing culpable evidence of criminal Russian collusion or obstruction of justice.

In any event, with such information in escrow, the investigation can now proceed under the explicit expectation that Mueller already has something that constitutes a reasonable basis for continuing the investigation; all this without the need to release any supportive and/or compromising intermediate results.  His refusal to accede to such an escrow of the current state of his investigation will speak volumes, since in no way will such a confidential filing thwart or hinder his ongoing professional and prudent efforts.

My name is Rebane, and I also expand on this and related themes on Rebane’s Ruminations where the addended transcript of this commentary is posted with relevant links, and where such issues are debated extensively.  However, my views are not necessarily shared by KVMR.  Thank you for listening.

[29sep18 update]  My piece in The Union has drawn the expected vitriol from the Left.  One of the expected commenters, Steven Frisch, is our well-known local progressive intellectual, who, unfortunately, did not live up to expectations of at least a material rebuttal, and seems to have missed the point completely.  His comment is below and followed by mine.  (For some reason the Union’s website does not let me post my comment even though I am logged in.)

Steven Frisch - Imagine the hubris it takes for George to believe his ridiculous 'put evidence in escrow to prove its worth' stunt is more credible than the processes used by Robert Mueller. 

Robert Mueller: experienced law enforcement and justice official who has been the United States Attorney for the District of Massachusetts, United States Assistant Attorney General for the Criminal Division, United States Attorney for the Northern District of California, United States Deputy Attorney General, and the Director of the Federal Bureau of Investigation for 11 years. 

Let's review the results: Robert Mueller's investigation has resulted in just over a year in 34 criminal indictments, 8 of which have resulted in guilty pleas and sentences or cooperating agreements so far.

Case closed

GJR - Actually, the case is very much open Mr Frisch.  You may have missed the months of debate, still ongoing, in the national media about Mueller’s interminable investigations netting everything but the objectives of his charter – to produce culpable evidence of Team Trump’s collusion to impact the election and/or obstructing investigations thereof.  I realize that this may be a bit nuanced for you, but, nevertheless, it is THE very important observation that does not fit the Trump Derangement Syndrome narrative promoted by the Left.  However, this divisive work continues to concern the half of the country that has been paying attention.  There is nothing hubristic about the Escrow Solution, which just my humble suggestion to defuse that part of the country’s ongoing acerbics, and let Mueller get on with his job.

Comments

[Account Deleted]

Your attempt at a reasonable solution is admirable, but you are missing the point. There is no 'there' there. A witch hunt is called just that because there are no witches.
It's all in the hunt. Various legal luminaries are lavishly employed.
Headlines are fabricated. The waters are churned. Doubts are raised.
Pundits wax. Reason wanes.
"When you have the facts, pound on the facts - when you have the law, pound on the law - when you have neither one, pound on the table".
(or something like that)
When you corner a rat, please do not expect something less than naked and viscous violence.
This is what we are seeing from the left.
It's not going to get better, it's going to get much, much worse.

[Walt]

Scott. There were no real witches in Salem. But plenty were burned just on the accusation alone.( and children flailing on the floor) Then there was the water chair.
A witch would float. When the person drowned,,, "well, I guess she wasn't a witch.... My bad.....NEXT!!!"

[George Rebane]

ScottO 603pm - Your points are good, but I maintain that offering Mueller the Escrow Solution will do no harm and reveal much from many quarters.

[Tricky McClean]

Why would Mueller agree to do this? Would you ask our local DA to agree to such an “escrow solution” in the midst of an illegal drug distribution investigation?

[George Rebane]

Tricky McClean 841pm - How long has our local DA been investigating an alleged illegal drug distribution, how long will it continue, and what is its impact on our community?

[Account Deleted]

"...will do no harm and reveal much from many quarters."
Why would Mueller want to reveal 'much'?
He doesn't want to reveal much of anything. He's got a great gig going.
Just keep indicting people left and right. The money and notoriety is through the roof. If anyone objects, simply say they are trying to obstruct justice. Mueller is 'justice'. You are not allowed to object to anything he does. Otherwise - you are obstructing.
Get it?

[scenes]

Heck, it would be a good start for Mueller & Sons to jot down just what 'collusion' is and what sort of 'collusion' is actually against the law.

God knows how much foreign influence is applied to US national elections.

The amusing thing is that at the heart of it all, the question is whether some Russian state organization actually leaked heinous details about the Clinton campaign *and* whether or not the Trump campaign asked or paid them to do it. You can argue that it's the kind of leak they should be rewarded for.

In any case, it's all just words. The point of the investigation is obviously not to bring justice to The People, but is to depose a President they don't like. I appreciate the concept and respect it, but anyone who believes that it's anything besides a palace revolt is being fairly silly. The Republicans, of course, need to saddle up and reply in kind. I think a lot of US conservatives don't understand the fight they are in.

[scenes]

"Would you ask our local DA to agree to such an “escrow solution” in the midst of an illegal drug distribution investigation?"

If the DA was carrying out an open-ended investigation into all aspects of a political rival's life, including entrapment of high allies, for less than pure reasons, I can see the point of specifically laying out the reasons and course of effort.

When the dust settled, a Grand Jury could send the local DA to the gallows if required.

[scenes]

'his allies', not 'high allies'.

[Account Deleted]

"I think a lot of US conservatives don't understand the fight they are in."
You mean 'middle of the road' Republicans.
True conservatives know damn well the fight we are in.
This has become bloodsport. We continue on the road to a kind of Chinese style collective and govt run ant hill socialism or we retain our freedom as individual citizens.
Anyone who can't understand the stakes isn't a conservative.
Or a libertarian for that matter.

[scenes]

"You mean 'middle of the road' Republicans.
True conservatives know damn well the fight we are in."

Perhaps so, but we are lacking the no-holds-barred use of the legal system that could be fired up. Really go after that Ellison character. Get out the gumshoes on prominent Democrats. Invent rape accusations from whole cloth. Go after Bernie Sander's wife for financial malfeasance. The news media won't cooperate like they might with Paul's girl Stormy, but there's plenty of friendly .gov attorneys and and potential for civil suits.

There's plenty of real stuff to go after, but I'm suggesting being as dishonest as Team Blue. Hammer and tongs.

[Account Deleted]

"There's plenty of real stuff to go after, but I'm suggesting being as dishonest as Team Blue. Hammer and tongs."
But the dishonesty is a result of the 'win at all costs' attitude of the left.
You don't have to be dishonest. In fact, honesty is the best weapon.
Open and fair discourse is the light of truth that burns out all the roaches and vermin.
It may, of course, take violence to set up such a scenario, but that didn't stop our forefathers.
2nd A - your quarantee of the other rights.
Don't leave home without it.

[L]

Think the concept that fits is 'cabal', a coup by non-military means, in this case deep state folk that liked things the way they were. Include Comey, Stzozk, Mueller, McCabe, Rosenstein, Yates, Lynch, and a host of lesser 'lights.' At the likely center, there really is a witch: HRC. L

[L]

Other key players now allied ostensibly with the MSM- Brennan and Clapper. L

[Gregory]

It strikes me that this "escrow" is a gimmick to make up for a lack of guidance and oversight to the "Russia Investigation" that hasn't found the smoking gun linking Trump and Putin, with the conclusion seeming to be that they have to keep looking until they find it.

Gimmicks are not the answer. Rosenstein doing his job, Sessions doing his job... is the answer. But the partisans on the Left never expected Trump to still be in office just weeks before the Nov '18 election. After the election there will be room for action.

[Tricky McClean]

GR 2117 - Our local DA has been (hypothetically) investigating the alleged distribution of illegal drugs for a number of months, with slow but steady results as the size and scope of the illegal drug distribution ring has become more clear. It is presumed that the investigation will continue as long as necessary to reveal the scope and breadth of the illegal drug distribution ring. The impact on the community is very positive, given the concerns of the overwhelming majority of the members of the community that illegal drug distribution and use is detrimental to society.

[fish]

Posted by: Tricky McClean | 27 September 2018 at 08:40 AM

....what.....nothing about sheetrock?!

[Tricky McClean]

For Dave: http://seniorpropertyservices.com/?page_id=650

[fish]

Posted by: Tricky McClean | 27 September 2018 at 08:50 AM

Hey.....there's no room for an all you can eat buffett in there.....and I certainly can't hear "5 for Fighting"!

What a ripoff!!

[fish]

Remember....."You've Only Got 100 Years to Live"!

....or maybe 60 if you weigh 500 lbs!

[George Rebane]

TrickyM 840am - Excellent. This says the DA's ongoing reports of progress in his long investigation would then put him on record and give comfort to the community that it will eventually benefit from the investigation's results. This is not the case with Mueller's investigation that has been volubly silent on any progress/results related to the very serious allegations in its charter.

And your DA scenario also does not correlate with Mueller because such an ongoing investigation into a well-known criminal activity involving illegal drugs has no deleterious impact on either the jurisdiction's government nor its citizens. You probably don't understand that you're trying to equate apples to shoelaces.

["M"]

,,,George@917pm,,,do I have to continue to remind you how long Whitewater went on before it resulted in the crime of '''lying'''???

'''How long has our local DA been investigating an alleged illegal drug distribution, how long will it continue, and what is its impact on our community?'''

What do you imagine the impact on our community ito be regarding the Mueller Hunt???

[George Rebane]

M 1143am - You're still having a hard time making coherent comparisons. Whitewater had nothing to do with bringing down an administration, and in the interval it kept no one, most certainly not the American electorate, on tenterhooks.

The impact of Mueller's probe on our and other communities has been enormously divisive - as witnessed in the national media and on these pages - and that standoff mounts every day it stays unresolved with no promise of progress let alone resolution. My suggested Escrow Solution will at least lower the temp with an explicit promise that there is some culpable light at the end of the tunnel. That will let everyone get off Mueller's back and let him proceed unhindered and untrammeled.

["M"]

,,,George1213pm,,,you are just making stuff up...'''bringing down an admistration'''??? How did you arrive at that fantastical notion???

,,,Mueller scope,,,“ Russian meddling in the presidential election; whether anyone inside the United States conspired to help; and whether any wrongdoing has been committed in the surprise firing of FBI Director James Comey, who said he believed he was let go to relieve pressure on the Russia probe.”

[Account Deleted]

from the upside down W - "George1213pm,,,you are just making stuff up...'''bringing down an admistration'''??? How did you arrive at that fantastical notion???"
Yeah George - what a silly billy you are - the idea that some one is trying to get rid of Trump.
Golly - that's just paranoia. I'm pretty sure everyone loves Trump.
'Specially Paul Emery.
'bringing down an administration'-really!

[George Rebane]

M 246pm - that to you the attack to bring down Trump's administration is a "fantastical notion" tells me that you haven't even followed the lamestream media over the last 1.5 years, let alone with what's actually been happening. It also doesn't bode well for us continuing this thread.

[Account Deleted]

"It also doesn't bode well for us continuing this thread."
Are you kidding? I can hardly wait for the next instalment.
Remember that 'making her testify is proof they want to shut her up'?
It's important to keep tabs on just how far around the bend the left has become.
We're getting pretty close to fitting them all out with straight jackets.

[’’’M’’’]

,,,George@420pm,,,in your mind Republicans can do no wrong and Democrats can do no right. When faced with contrary evidence you cannot refute you close the thread.

,,,How was Whitewater NOT a multi year attempt to bring down the Clinton administration???

How were Travelgate, Servergate, Benghazigate, ......... not revenge against the Clintons???

[George Rebane]

Re M 714am – His first statement is patently false and continues to eliminate any serious discussion with him. On Whitewater, like many other things M has brought up, he is disastrously unread, and his attempt to draw parallels suffers from a deep deficit of logic that appears too late to remedy at this stage of his life.

For the interested, Whitewater was a corrupt real estate deal involving the pre-federal Clintons (yes, they were already crooked before coming to Washington) that was initiated by a Clinton business associate claiming fraud on the Clintons part. The associate pursued his non-political case into the Clinton presidency. It was then that President Clinton himself (not a previous president or a rogue DoJ) directed the launch of a special prosecutor (SP) in order to clear his name. And that investigation continued during the Clinton presidency branching out as such SP investigations always do. However, none of these branches involved unfounded allegations, but instead were based on existential evidence. Comparing the Clinton SP saga to the evidence-free one going on now defies all logic.

And all the investigations of Hillary (never the president) again had to do with existential evidence of Crooked Hillary’s malfeasance while in office. Benghazi – lying on national TV to divert blame from multiple documented requests from Ambassador Stevens to strengthen Benghazi compound defenses against organized terrorist attacks like the one that killed four Americans. The evidence against Hillary’s criminal use of private servers and compromising confidential information is too blatant to even discuss, save recounting that it took both a corrupt AG and FBI director to divert her indictment on obvious criminality. There is not enough space/time here to properly cover what wholesale corruption that the Clinton Foundation has mired itself in over the years – Haiti is just the tip of the iceberg.

[Walt]

LOL!! "M"oron forgets missing EVIDENCE was found IN the W.H.
All those Whitewater doc.s turned up in Hillary's possession.

Maybe "M"oron can show us the law that states Hillary could have classified info on her PRIVATE server. DO show us the OK from the NSA.

Benghazi? self explanatory. It was all about a video tape. But HEY!! the guy who made it went to jail.

[Walt]

Assets in "escrow" are about to be distributed.
In other news, Sen Schiffty ain't going to be happy.
http://dailycaller.com/2018/09/28/house-intel-committee-russia-probe/
"The House Intelligence Committee voted Friday to release dozens of transcripts of interviews from its investigation into Russia meddling in the 2016 election.

The committee conducted 73 interviews during its 15-month investigation, which has since concluded, and found no evidence of collusion between President Donald Trump’s campaign and the Russian government."

["M"]

,,,Total BS response from GeorgeR as usual...

Regardless of how you try to spin it all the efforts by Republicans to drum up conspiracies by the Clintons were to one purpose to do exactly what you accuse Democrats of, namely '''bringing down an administration'''

And the real estate '''crimes''' were plead down to lying about a blow job. How is that related to the initial stated purpose of Whitewater???

Rebane wears no clothes!!!

[fish]

Posted by: "M" | 28 September 2018 at 10:40 AM

Rebane wears no clothes!!!

Certainly better than you going sans Depends™ dug. Nobody gives a shit what you say or think dugsKKi.....peddle your bilge while Thkiing the Farth Thtarths!

["M"]

,,,fishbait can't handle the truth!!!

[George Rebane]

re M 1040am - The education of communicating with a progressive continues. Notice how M has now lost the thread of his own 714am inquisition. Attempting a coherent, let alone cogent, discussion with the likes of him is akin to attempting to juggle a ball of Jell-O, it instantly winds up all over the floor. And that, dear reader, is how they, when in power, make laws, regulations, and govern - e.g. Sacramento and California are the global poster children of this proposition observed over the decades. (Truth be told, here the Republicans have been doing their best to play catch-up.)

[Walt]

"M"oron... The TRUTH has bit you in the ass, and you still don't know it.

[fish]

Posted by: "M" | 28 September 2018 at 11:09 AM

dugsKKKi you wouldn't know the truth if it bit him on his pale flabby geriatric ass! Here's a pro tip dugsKKKi if you want people to take your arguments seriously don't be a troll (and a shitty one at that).

Personally I found it far more freeing to just be a dick online....no argument needed....no homework required! I think that's about your speed as well......and really.....defending the Clintons? Pathetic!

[Todd Juvinall]

Frisch and other leftwingnuts are commenting on your Union post.

[***M***]

,,,GeorgeR@957am,,, For the casual reader, notice how George is unable to see any similarities between the Trump investigation and the Bill Clinton Whitewater investigation, for example,

‘’’Whitewater was a corrupt real estate deal involving the pre-federal Clintons (yes, they were already crooked before coming to Washington) that was initiated by a Clinton business associate claiming fraud on the Clintons part. The associate pursued his non-political case into the Clinton presidency. It was then that President Clinton himself (not a previous president or a rogue DoJ) directed the launch of a special prosecutor (SP) in order to clear his name. And that investigation continued during the Clinton presidency branching out as such SP investigations always do.’’’

In light of the recent NY Times article showing Trump’s many decades of suspect real estate dealings and tax dodges,,,and also I would say very probable corrupt dealings,,,his conclusions are laughable.

[George Rebane]

M 734am - Your comment is again sans point. What is the evidence against Trump, "very probable corrupt dealings"? And what is the point of my commentary? It shouldn't be that hard.

[***M***]

Whitewater had nothing to do with bringing down an administration, and in the interval it kept no one, most certainly not the American electorate, on tenterhooks - George Rebane

Yes, you really can just make stuff up.

[fish]

Posted by: ***M*** | 08 October 2018 at 04:58 PM

Oh dugsKKI.....you can’t be a feces throwing Howler Monkey the majority of the time and then expect people to engage you in legitimate discussion.

Just embrace it dugsKKKi......it’s what you are!

[George Rebane]

M 458pm - Huh??

[***M***]

Nah, none of the Whitewater stuff was in the news and no one was freaking out about the Blue Dress, or that they had to talk to their kids about what oral sex was, and the impeachment of President Clinton for lying about sex.

Trump was always completely innocent of anything and everything, never paid off sexual partners, never ran a scam college, never lied before he was elected,,,and everything that has been revealed since his election is fake news all designed to bring down the Trump administration. Oh, and he is a wonderful, kind and fair man who would never speak ill of anyone.

Is that about right?

3 more years to go for the Mueller Investigation!!!

[Don Bessee]

OH good, the last 4 years will have that in the rear view mirror. Bet it closes quicker than the troll suggests.

;-)

[Bill Tozer]

Well, Merrick, you have more arrests on your record than any Trump family member will have in their lifetimes. Sorry that you had to explain to wife what oral sex is.

https://m.facebook.com/RowdyConservatives/photos/a.217983685002343/1449683258499040/?type=3&source=48

[***M***]

Nice try TwinkleToes

[Bill Tozer]

Still hiding behind the children to justify your actions, eh Merrick? Had to deceive, lie, steal, and cheat by ripping off Star Wars for the poor children who could not afford a movie ticket, sob, sob, big lower lip. Such rationalization. Add the horrors that you had to explain to children that a young intern was gobbling Bubba’s goop in the Oval Office as the First Lady and his daughter (slightly younger than Monica) sat in church on a beautiful Sunday morning. Oh, what will the children think?

Your Whitewater complaint is with AG Janet Reno, no one else. The good and decent Ken Starr, a close personal friend of the Honorable Justice Brett Kavanaugh, was doing the Whitewater thang, securing the conviction more than 40 people, including a number of Bill and Hillary’s close personal friends.

Things were humming along when a woman (the personal aide to Vince Foster’at the Rose Law Firm and the last person to see Mr. Foster alive) approached the Independent Counsel and said “Hey, I work in the government and there is this young intern in the office trying to get me and others to commit perjury by signing false affidavits. Here name is Monica and she is pressuring me to sign onas a witness to something I do not know about.”

Ken Starr took the lead straight to AG Janet Reno. Janet Reno looked at the evidence and instructed Ken Starr to investigate it, add it to his charge as Independent Counsel. Judge Starr, a dedicated public servant, was ordered by the one he reports to (Janet “haven’t met the right guy yet” Reno) to look into the false affidavits and obstruction of justice. If the young intern in her workplace had gobbled all of her boss’s goop, the Blue Dress would not have been an issue. A flaw in the plan.

As of date, there is no evidence that Trump had consential sex with Stormy ten years prior to running for office. It’s not like it happened in White House like Monica and the grieving Kathyln Wiley. Boy, Kathyln is still messed up from how Bubba put his hands all over her in an attempted sexual assualt and forcibly grabbed her tits and ass...but I digress. If Bubba did not pull out his pecker and stick it in an intern in the workplace, that would have been a moot point. Take it up with Janet Reno. Back to Whitewater:

The Clintons were never charged with any crime. Fifteen other persons were convicted of more than 40 crimes, including Jim Guy Tucker, who resigned from office.[44]

Jim Guy Tucker: Governor of Arkansas at the time, resigned (fraud, 3 counts)
John Haley: attorney for Jim Guy Tucker (tax evasion)
William J. Marks, Sr.: Jim Guy Tucker's business partner (conspiracy)
Stephen Smith: former Governor Clinton aide (conspiracy to misapply funds). Bill Clinton pardoned.
Webster Hubbell: Clinton political supporter; U.S. Associate Attorney General; Rose Law Firm partner (embezzlement, fraud)
Jim McDougal: banker, Clinton political supporter: (18 felonies, varied)
Susan McDougal: Clinton political supporter (multiple frauds). Bill Clinton pardoned.
David Hale: banker, self-proclaimed Clinton political supporter: (conspiracy, fraud)
Neal Ainley: Perry County Bank president (embezzled bank funds for Clinton campaign)
Chris Wade: Whitewater real estate broker (multiple loan fraud). Bill Clinton pardoned.
Larry Kuca: Madison real estate agent (multiple loan fraud)
Robert W. Palmer: Madison appraiser (conspiracy). Bill Clinton pardoned.
John Latham: Madison Bank CEO (bank fraud)
Eugene Fitzhugh: Whitewater defendant (multiple bribery)
Charles Matthews: Whitewater defendant (bribery)
Tax returns
In March 1992, during his presidential campaign, the Clintons acknowledged that on their 1984 and 1985 tax returns, they had claimed improper tax deductions for interest payments made by the Whitewater Development Company. Due to the age of mistake, the Clintons were not obligated to make good the error, but Bill Clinton announced that they would nonetheless do so.

Go hide behind the children....