Harvey Silvergate is a lawyer who has had dealings with Special Counsel Robert Mueller. He has written a piece in which he describes an incident where Mueller used dirty tactics in an effort entrap Mr. Silvergate and charge him with a crime for his representation of a client. If his account is to believed, then Robert Mueller has no business whatsoever being a lawyer working on behalf of the Justice Department, let alone one investigating the President of the United States.
In our system, prosecutors have enormous power. Safeguards to protect us against corrupt prosecutors are largely inconsequential and mere formalities. Grand juries, for example, are little more than rubber stamps. The old saying that a good prosecutor could indict a ham sandwich reveals the scary truth. Grand juries do what prosecutors want them to do. It is of paramount importance therefore, that the people to whom we entrust the powers of a prosecutor be of the highest integrity. An unethical or corrupt prosecutor is a very dangerous thing.
Here is how Mr. Silvergate begins:
Is special counsel Robert S. Mueller III, appointed in mid-May to lead the investigation into suspected ties between Donald Trump’s campaign and various shady (aren’t they all?) Russian officials, the choirboy that he’s being touted to be, or is he more akin to a modern-day Tomas de Torquemada, the Castilian Dominican friar who was the first Grand Inquisitor in the 15th Century Spanish Inquisition?
Given the rampant media partisanship since the election, one would think that Mueller’s appointment would lend credibility to the hunt for violations of law by candidate, now President Trump and his minions.
But I have known Mueller during key moments of his career as a federal prosecutor. My experience has taught me to approach whatever he does in the Trump investigation with a requisite degree of skepticism or, at the very least, extreme caution.