Bannon Must Challenge Robert Mueller

Steve Bannon, former executive chairman of Breitbart News and White House Chief Strategist in the administration of U.S. President Donald Trump (Gage Skidmore [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons)

It doesn’t matter if Bannon wants to testify. There are larger issues at stake. Bannon can and should shut down the corrupt Mueller hoax entirely, not just feel good testifying.

Until this week, no one with any courage had standing to challenge Mueller. But now that Bannon has received a subpoena to be interviewed by Mueller’s grand jury, Bannon has the legal right to move to quash the subpoena.  Unlike everyone else, Bannon has the guts, grit, determination, and clear thinking to see the forest not just the trees and put the axe to the root.

Prosecutorial misconduct is a serious matter. It proved fatal to the prosecution of Senator Ted Stevens in the U.S. District Court for the District of Columbia, Criminal Case No. 1:08-cr-00231-EGS, before Emmett G. Sullivan, District Judge. Robert Mueller’s violations of U.S. Department of Justice regulations and ethical requirements of the legal profession are even worse than the tongue-lashing from Judge Sullivan on April 7, 2009, in the bungled prosecution of Stevens. Mueller’s ethically-challenged lawyers did not take the lesson in Anna Stolley Persky, “A Cautionary Tale:  The Ted Stevens Prosecution,” Washington Lawyer, October 2009.

Because of prosecutorial misconduct in Nevada, the prosecution of rancher Cliven Bundy was just thrown out, through the legal objections of Larry Klayman and local attorney Bret Whipple. Bundy was accused from a Western lands protest in 2014 against the threats of an army from the Bureau of Land Management Leftist Obama judge Gloria Navarro, really wanted, by all appearances, to nail Bundy to the wall. But Navarro could not overlook the clear violations  of the ethical rules by the Obama hold-overs in the Justice Department.

First, Mueller and his staff have engaged in massive leaks of grand jury testimony, proceedings, subpoenas, and plans. Each of these incidents is a felony. If we did not have double standards and ‘elite immunity’ (that is, insiders are above the law), if you or I did what they did, Mueller and his staff would be in jail awaiting trial for those felonies. As with Ted Stevens and Cliven Bundy, Mueller’s investigation should be quashed and/or Mueller replaced.

Larry Klayman of Freedom Watch (who founded Judicial Watch) filed an ethics complaint against Mueller and has since filed a lawsuit. But now Bannon is directly affected.  Bannon could join in Larry Klayman’s lawsuit and ethics complaint or have his attorney William Burck file one of his own.

Second, it is now clear enough that Mueller’s entire investigation is based upon fraud on the FISA Court. The Clinton campaign colluded with Russians, Christopher Steele, and Fusion GPS to concoct false accusations in a “dossier” which was election opposition research faked up to look like an intelligence report. These lies were then presented to the Foreign Intelligence and Surveillance Act (FISA) court. (Mueller inherited the pre-existing FBI investigation, of course.)

The investigation and the fruit of the poisonous tree are founded on fraud on the court. The FISA court needs to vacate its warrants and call all involved in front of the court under a rule to show cause why those guilty participants should not be held in contempt of court, fined, and/or disbarred.

Scrambling to hide the truth, the guilty are trying to pretend that the Russia investigation was based upon George Papadopoulos ‘ drunken conversation with an Australian diplomat in a bar in April 2016. They claim that Papadopoulos evidenced inside knowledge and advance knowledge that Russia had Hillary’s emails. But absolutely everyone was saying that since the moment that Hillary confessed in a March 10, 2015, press conference to running her emails through a private email server. Papadopoulos over too many drinks in April 2016 said only what everyone else had been saying publicly since March 2015.

Robert S. Meuller III, 6th Director of the FBI and current special counsel overseeing the investigation into Russian interference in the 2016 U.S. elections (By Federal Bureau of Investigation (http://www.fbi.gov/about-us/executives) [Public domain], via Wikimedia Commons)

Moreover, as Special Counsel, Mueller was appointed to show the public that the investigation is above reproach, above question. Mueller is doing the exact opposite, making the investigation appear to the public thoroughly corrupt. Mueller is failing at his core job.

Mueller has hired attorneys who have conflicts of interest, and under the rules of the bar and regulations of DoJ a supervising attorney is responsible. Mueller’s attorney, Jeannie Rhee, represented the Clinton Foundation against a lawsuit brought by Larry Klayman ending in 2016. Jeannie Rhee has an uncurable conflict of interest, and her supervisor Mueller is to blame.

Fourth, among many other objections, the Trump campaign was headquartered in New York, not the District of Columbia. Mueller convened a second grand jury where the Democrat voters—from which jurors are drawn—are the most anti-Trump in the nation. Mueller’s first grand jury was in Virginia. Bannon should challenge why the grand jury is not in New York, where Trump’s campaign was based.

Sadly, speaking as a lawyer, too many lawyers even in big law firms lack courage. It’s surprising, really. Most lawyers fancy themselves as the bold, angry fighters in the movies. But, when it comes right down to it, most lawyers are experts at dreaming up improbable risks and coming up with reasons not to do things.

As an unidentified naval officer laments in the movie Midway:  “The wait-and-see’rs will kill you every time.” Most attorneys will “let’s wait and see” you all the way to your prison cell, never taking the actions that would have defeated the criminal case against you. So we are likely to continue watching missed opportunities.