Both sides not now

Kim Strassel decries the inherently one-sided nature of the Mueller Switch Project in her weekly Wall Street Journal column. Her column runs under the headline “When justice is partial.” She writes:

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 ? FARA also requires foreigners to register if they act on behalf of a foreign principal. Recently disclosed emails from senior Justice Department official Bruce Ohr show the British Mr. Steele pleading the case to the Justice Department on behalf of a Russian oligarch, Oleg Deripaska.

Of the seven U.S. citizens Mr. Mueller has charged, five have been accused of (among other things) making false statements to federal officials. But there have been no charges against the partisans who made repeated abjectly false claims to the FBI and Justice Department about actions of their political opponents. There have been no charges against those who leaked classified information, including the unprecedented release of an unmasked conversation between former national security adviser Mike Flynn and a Russian ambassador. Nothing.

Conrad Black makes a parallel argument in the course of his American Greatness column “Trump has already won on impeachment.” The issues are deeply troubling. We have noted them repeatedly. Indeed, they trouble President Trump.

Attorney General Sessions has previously responded to the demand for an investigation of the issues in his March 2018 letter to Congress disclosing the appointment of United States Attorney John Huber to investigate them, or to investigate the investigations of them. Neither Kim Strassel nor Conrad Black mentions Huber. We have seen no evidence whatsoever of his investigation beyond the four corners of the Sessions letter. Perhaps it is meaningless. Perhaps it is mythical. Whatever, we seem not to have “both sides now.”

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