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by Alan M. Dershowitz • November
30, 2018 at 5:00 am
- Even if Mueller
could prove that members of the Trump team had colluded with
Julian Assange to use material that Assange had unlawfully
obtained, that, too, would not be a crime.
- Merely using the
product of an already committed theft of information is not a
crime. If you don't believe me, ask the New York Times,
the Washington Post, the Guardian and other
newspapers that used material illegally obtained by
Assange with full knowledge that it was illegally obtained.
- In the end, Mueller
should be judged by how successful he has been in satisfying
his central mission. Judged by that standard and based on what
we now know, he seems to be an abysmal failure.
Special
Counsel Robert Mueller does not have a roving commission to ferret
out political sin, to provoke new crimes, or to publish
non-criminal conclusions that may be embarrassing to the President.
His mandate, like that of every other prosecutor, is to uncover
past crimes. (Photo by Win McNamee/Getty Images)
The recent guilty plea of Michael Cohen of lying
represents the dominant trend in Mueller's approach to prosecution.
The vast majority of indictments and guilty pleas obtained against
Americans by Mueller have not been for substantive crimes relating
to his mandate: namely, to uncover crimes involving illegal
contacts with Russia. They have involved indictments and guilty
pleas either for lying, or for financial crimes by individuals
unrelated to the Russia probe. If this remains true after the
filing of the Mueller report, it would represent a significant
failure on Mueller's part.
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