Escape from the Mueller miasma

We have closely followed Team Mueller’s prosecution of Concord Management and Consulting. The prosecution seemed to have been brought for the purpose of the news that would be generated by the indictment. When Concord appeared in court through sophisticated defense counsel with a wry sense of humor and a delight in tormenting Team Mueller — Eric Dubelier — Team Mueller sought to escape with the least possible embarrassment. They (embarrassingly) claimed they hadn’t properly served Concord.

That gambit failed, but the time has come today. The government moved yesterday to dismiss its case against Concord. The Wall Street Journal reports that Judge Friedrich dismissed the case last night.

The Journal gives Dubelier the last word: “A lawyer for Concord said the case had ‘fundamental problems’ and said prosecutors wouldn’t have been able to prove at trial that the defendants knew they were violating U.S. laws. ‘The purpose of this indictment was to make a political statement regarding the outcome of the 2016 election that was grossly overstated[.]”

In its motion the government argued that Concord conducted itself in bad faith. I don’t doubt it, yet the prosecutors have no appetite to litigate that point either. Techno Fog highlights a quotable quote from the government’s motion (tweet below). I add one of my own and have embedded a copy of the government’s 9-page motion below it.

Quotable quote: “In light of the defendant’s conduct,…its ephemeral presence and immunity to just punishment, the risk of exposure of law enforcement’s tools and techniques, and the post-indictment change in the proof available at trial, the balance of equities has shifted. It is no longer in the best interests of justice or the country’s national security to continue this prosecution.”

200316 Concord Motion to Dismiss by Scott Johnson on Scribd

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