Jun 19, 2017

Mueller Team Investigating Trump-Campaign-Russia Has Fixable Problem

Updated - A Reuters report by Karen Freifeld this morning notes the prosecutorial experience of two members of Special Counsel Robert S. Mueller's team: Andrew Weissmann and Kathryn Ruemmler, (New York Times).

Weissman and Ruemmler have garnered plaudits, yet, Weissman and Ruemmler share a troubled history as prosecutors. One wonders why this history does not inform national reporting as indictment Summer begins.

Freifeld's Reuters report notes of Andrew Weissman that he "headed the U.S. Justice Department's criminal fraud section before joining Mueller's team last month, is best known for two assignments - the investigation of now-defunct energy company Enron and organized crime cases in Brooklyn, New York - that depended heavily on gaining witness cooperation."

Omitted is Weissman's conduct on the Enron Task Force that to any fair observer is appalling. Ever hear of the proven innocent James Arthur Brown of Merrill Lynch? Likely not. Bill Fuhs?

Bill Fuhs was pursued by Weissman and colleagues under the ludicorus "honest services" provision of a federal wire fraud statute, (Powell, Enron Barge). Brown was later proven innocent, and on two counts was effectively relieved of the charge stacking-induced perjury and obstruction of justice criminal counts in 2015. [If you live in Wisconsin, mention of honest services may bring to mind the corrupt prosecution of the proven innocent Georgia Thompson in 2007, (U.S. v. Georgia L. Thompson, argued and decided on April 5, 2007))]

Bill Fuhs should never have been indicted, and the prosecutions are a stain on the United States Department of Justice and the American federal judiciary.

Consider as well Kathryn Ruemmler of the Mueller team.

As noted by one of the nation's foremost federal appellate attorneys, Sidney Powell, Ruemmler ignored the mandates of the Brady Rule to disclose exculpatory evidence in the same criminal persecution that her colleague, Andrew Weissmann pursued, in the Enron mania:

They, [Weissmann and Kathryn Ruemmler], not only hid the exculpatory evidence they had yellow-highlighted, [revealing intent of prosecutors to ignore clear evidence], but in defiance of a court order, they gave the defendants misleading summaries instead.

Even the United States Court of Appeals for the Fifth Circuit, whose record on the Enron Task Force’s trials was embarrassing at best with several Supreme Court reversals, held that Ruemmler and her team 'plainly suppressed' evidence favorable to the defense. That finding establishes a clear violation of ethical rule 3.8–not to mention the Supreme Court’s admonition that the United States Attorney 'seek justice.' This is NOT what we would call 'impeccable legal credentials' or 'impeccable judgment'–unless that kind of calculated dishonesty and win-at-any-cost mentality is exactly what you want. Indeed, why is she still practicing law?, (Seeking Justice).

Staffing up one of the most monumental investigative units in American history is not off to an even start.

Donald Trump is a clear and present danger to this republic.

So, why is Robert S. Mueller even considering Andrew Weissmann and Kathryn Ruemmler when their records reveal they pursued innocents, acted without regard to ethics, effectively betraying our country no less?

Trump's PR messages now is that Robert Mueller's investigative dream team is engaging in a withhunt.

With Weissmann and Ruemmleron on the team, the accusation has at least prior plausibility.

My god, Robert Mueller, please don't screw this up. Staff should be beyond reproach.

Consider that prosecutors who pursue innocents without regard to ethics and human decency do not pay a price in their careers at the United States Department of Justice, American law, or society broadly.

Prosecutors should pay a price.

The valuation of this price ought not lead to blotching the pursuit of justice of the most dangerous man on the planet, President Donald Trump, who after-all retains the rights of the innocent as he is being investigated by the United States Department of Justice under the color of law.
-- Both Bill Fuhs and James Brown were among those prosecuted by the Enron Task Force.

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