Sunday, August 26, 2018

'Lady Justice does not wear a blindfold over only one eye...'

From the inimitable Kim Strassel, at WSJ, "When Justice Is Partial" (and here):


The country has watched the FBI treat one presidential campaign with kid gloves, the other with informants, warrants and eavesdropping. They’ve seen the Justice Department resist all efforts at accountability, even as it fails to hold its own accountable. And don’t get them started on the one-sided media.

And they are now witnessing unequal treatment in special counsel Robert Mueller’s probe. Yes, the former FBI director deserves credit for smoking out the Russian trolls who interfered in 2016. And one can argue he is obliged to pursue any evidence of criminal acts, even those unrelated to Russia. But what cannot be justified is the one-sided nature of his probe.

Consider Mr. Cohen, the former Trump lawyer who this week pleaded guilty to eight felony charges. Six related to his personal business dealings; the other two involved campaign-finance violations arising from payments to women claiming affairs with Donald Trump. The criminal prosecution of campaign-finance offenses is exceptionally rare (most charges are civil), but let’s take Mr. Khuzami’s word for it when he says Mr. Cohen’s crimes are “particularly significant” because he’s a lawyer who should know better, and also because the payments were for the purpose of “influencing an election” and undermining its “integrity.”

If there is only “one set of rules,” where is Mr. Mueller’s referral of a case against Hillary for America? Federal law requires campaigns to disclose the recipient and purpose of any payments. The Clinton campaign paid Fusion GPS to compile a dossier against Mr. Trump, a document that became the basis of the Russia narrative Mr. Mueller now investigates. But the campaign funneled the money to law firm Perkins Coie, which in turn paid Fusion. The campaign falsely described the money as payment for “legal services.” The Democratic National Committee did the same. A Perkins Coie spokesperson has claimed that neither the Clinton campaign nor the DNC was aware that Fusion GPS had been hired to conduct the research, and maybe so. But a lot of lawyers here seemed to have been ignoring a clear statute, presumably with the intent of influencing an election.

Prosecutions under the Foreign Agent Registration Act (FARA) are also exceptionally rare, though Mr. Mueller is getting media kudos for hammering the likes of Paul Manafort and Rick Gates for failing to register as lobbyists for foreign entities. The law is the law.

But under this standard, where are the charges against the principals of Fusion GPS, who Sen. Chuck Grassley has said look to have been lobbying on behalf of powerful Russians against a U.S. sanctions law, with its payment again funneled through a law firm? This was a sideline to its dossier work, but Mr. Mueller usually has no issue with sideline charges.

Or what about an evenhanded look at dossier author Christopher Steele?
Keep reading.

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