The Democrats are furious, and with good reason. Devin “Call me Snowden” Nunes is getting his way, he’s going to potentially violate his security clearance by leaking classified information in releasing his propaganda “memo.” Only no, he isn’t. The President has the power to declassify anything he wants to, and if he authorizes the release, he is giving his blessing to the information being made public, and the consequences be damned. You can tell the Trump administration is nervous about it, since they have announced that no decision will be made before the SOTU, they don’t want to bury the speech to page 11. The funny thing is, if Trump’s turnkeys were thinking clearly about the possible implications of this, they’d advise him to tell Nunes to take that memo and shove it up his ass.
All of the pundits are wailing like banshees, and spraying sweat like a St Bernard shaking himself after coming in out of the rain, fearing that this will be the excuse that Trump uses to fire Rosenstein, and therefor give him a fast lane to axe Mueller. There is a good case to be made for this, since Rosenstein apparently plays a pivotal role in authorizing renewal attempts for a FISA warrant the GOP claims was flawed to start with. But what if the real underlying logic in releasing the Nunes memo is more nuanced and sinister than just tossing Rod Rosenstein off the plank?
The underlying tactic of the Nunes memo is nothing new, defense attorneys have been using it since the creation of search warrants. They scour the warrant application for one missing comma or other minor error, and then try to have the warrant quashed, making any evidence obtained “fruit from the poisoned tree,” and thereby inadmissible. By naming Rosenstein, they give themselves a lane to throw him under the bus for authorizing the warrant. But what if they don’t need to fire Rosenstein, what if this memo gives them another, more diabolical way to neuter Mueller’s investigation entirely?
Look, everybody knows that Donald Trump is at heart a chickenshit. His steadfast assurances to one side, Trump is looking forward to being interviewed by Mueller in much the same way that I’d love to hear from my ex. And God knows that his advisers and attorneys would rather die in harness than Allow Mueller within hailing distance of the Killer Combover. What if they can use this memo as a way of shielding Trump from the Wicked Witch of the Truth?
Frank Figliuzzi, a former AD for counterintelligence at the FBI, and a MSNBC contributor said last night that he thinks that this is exactly what is going to happen. If Team Trump gets a positive public reaction to the deceitful memo, they’ll use it to try to shield Trump. When Mueller comes a-calling to press Trump for an interview, John Dowd or Ty Cobb will tell him to go pound sand. The legitimacy of Mueller’s investigation is now in serious doubt due to the underlying reason for it, ie the Steele dossier as the cause for the creation of the investigation. Nunes will open an investigation into the Mueller investigation, and they’ll refuse to let Trump speak to Mueller until it is determined if the investigation should even continue, or be shut down. Nuanced it ain’t, but that’s Trump, he always brings a chainsaw to a heart transplant surgery.
While this may work with all the drooling Trombies out there, it actually has the potential of making matters worse for Trump, not better. Mueller is not a Trombie, he will see right through this, and demand an interview with His Lowness. When his lawyers refuse, Mueller will go before a DCA federal judge and get a subpoena for Trump to testify to the grand jury. This will be the kiss of death. Trump would have two choices, take the fifth, or enter the Guinness Book of World Records under the category of “Most lies in a single testimony, Federal case.” And if Trump refuses to go, Mueller goes back to court and gets a contempt of court ruling on Trump, and now you have a full blown constitutional crisis on your hands, with the GOP backing a “lawless President” going into November.
Another analyst said something else on MSNBC last night that I totally agree with. He said that Mueller may well have the safest job in Washington. For as long as the DACA issue is out there, and even beyond, the Democrats can force a neverending seres of monthly CR’s to fund the government. If Trump were to move against Mueller, the Democrats would shut down the government again, and this time keep it shut until Mueller was reappointed, with complete autonomy codified by law in the CR. This is what happens when you have a conman who can’t even pull off a lost-wallet scam on Fifth Avenue who gets his legal representation from the clearance rack at the Salvation Army. Watch this closely to see which way they go, it’s important.