The Musings of the Big Red Car

Special Counsel

Robert Swan Mueller III – special counsel. Big news, y’all.

Big Red Car here on power washing day. Two power washers hitting the paint and the stone in anticipation of a new exterior paint job. It is crazy loud here.

So, the Acting Attorney General invoked the provisions of 28 CFR 600.1 – Grounds for appointing a Special Counsel. This is exactly the situation for which that statute was written.

There is a criminal investigation and the objectivity of the Department of Justice staff may have a conflict of interest. Bingo!

So, they pick Robert Swan Mueller III to run the show. Would you please join the BRC in a short round of applause?

Mueller — Big Red Car, who is this guy?

This Mueller guy is a solid citizen. Let me give you the short description:

 1. Princeton undergrad

 2. Marine combat vet with service running a rifle platoon as a platoon commander in Vietnam.

 3. Awarded the Bronze Star with “V” device for valor and a Purple Heart meaning he bled for the Nation.

 4. University of Virginia law school grad — not an Ivy League pinhead

 5. Tried cases as a US Attorney against drug lords and the Mafia. Knows his way around a courtroom and what does and does not constitute evidence.

 6. Served as Director of the FBI under both Clinton and Bush for twelve years — second only to J Edgar. Took it on the chin for the FBI’s failure to heed 9-11 warnings. Retooled the FBI to focus more on counter terrorism.

 7. During his tenure dealt with some dicey issues and didn’t go drama queen on any of them.

 8. Worked with Comey for a decade in various places.

 9. Defended US surveillance policies in front of the Congress

 10. Was critical of Dir Comey’s handling of the HRC matter

 11. Was a registered Republican (reported by the WaPo in 2011) though both sides of the aisle consider him to be “apolitical”

Seems a little too good to be true. The guy is 72 and is neither a bomb thrower nor an inventor of evidence. He is not a CNN legal analyst who twists the law to serve his political purpose. The guy is a solid Old School guy. The only thing I have ever heard that might be critical is he has a bit of an ego. Who wouldn’t with his accomplishments?

So, this looks like a good thing to a Big Red Car.

The Stakes

Special Counsel Mueller is deputized to follow the facts of his original charge — to investigate allegations of collusion between the Trump Campaign and Russia — wherever those facts take him. He gets unlimited power plus staff, offices, budget to conduct the investigation.

This is an FBI investigation which has been ongoing since June 2016. The campaign, of course, is over and, thus, the investigation is about a historic matter. It is a short period of time — 6 June 2016 to 8 November 2016 (maybe to 20 January 2017?).

There are exquisite records to delve into. The Special Counsel has subpoena power. He can interview anybody he wants.

One has to believe that all the raw evidence exists and that this will be an exercise in analyzing unchanging facts. Again, the campaign is over and whatever happened happened.

Where does this go, Big Red Car?

The following areas are likely to be reviewed:

 1. Was there collusion between the Trump Campaign and the Russians? Did it rise to a level of criminality and did it violate any statutes?

 2. Did President Trump attempt to obstruct justice in any of his dealings with former Director of the FBI Comey?

 3. Who’s been leaking classified information to the press?

 4. What happened in the Hillary email investigation? Did the FBI act properly?

As you can see, there is likely to be a bit of unexpected blow back from this investigation.

Discuss this, Big Red Car

The Big Red Car doesn’t think the following exchange (the day after Gen Flynn was canned) amounts to a fart in a thunderstorm:

President Trump: “He’s a good guy. I hope you can let this go.”

Director Comey: “I agree. He is a good guy.”

President Trump said the exact same thing in public numerous times.

Both the Director and Assistant Director of the FBI testified under oath to Congress that they had NOT been pressured in any manner to influence the investigation.

As to campaign collusion, give the Big Red Car a second to stop laughing.

This has been investigated since June 2016. There has not been an iota of evidence suggesting it is true. It is not even clear what statute this would violate or that it is a crime.

The contents of the former FBI Director’s “secret memo” (post the above exchange with President Trump) was leaked to the NYT and WaPo and you don’t think there would have been a leak if there was something there?

I think the issue of who leaked what is going to be huge. Folks forget the Scooter Libby – Richard Armitrage matter in which Patrick Fitzpatrick (Valerie Plame Special Counsel) “outed” Armitrage (Deputy Secretary of State to Secretary of State Colin Powell) as the leaker of the CIA status of Valerie Plame.

In that matter, Libby was prosecuted for perjury but Armitrage wasn’t prosecuted because the statute did not apply as Plame was not undercover. Long story.

At the end, when this investigation reveals nothing of substance, there is the very real possibility that Donald J Trump emerges victorious, validated, vindicated, and all powerful. It is also possible that some leakers — a felony — end up in a very difficult predicament.

How do the secret notes of an FBI Director end up in the institutional memory of the WaPo and NYT — in real time right after the guy gets canned — without someone in the FBI leaking them? Without someone named Jim leaking them?

Bottom line it, Big Red Car

Bottom line — the Big Red Car is a law & order convertible. Wherever the evidence takes Special Counsel Mueller, the Big Red Car is with him. If anybody did wrong, then they need to be punished. Anybody. No sacred cows here. No politics. Anybody.

But, hey, what the Hell do I really know anyway? I’m just a Big Red Car. Have a nice damn day. You deserve it. Rest easy — Robert Swan Mueller III is on the job.