Obstruction of Congress

Mueller, the Justice Department and the FBI aren’t helping the lawmakers’ probe.


By Kimberley A. Strassel


The media echo chamber spent the week speculating about whether Special Counsel Robert Mueller can or will nab President Trump on obstruction-of-justice charges. All the while it continues to ignore Washington’s most obvious obstruction—the coordinated effort to thwart congressional probes of the role law enforcement played in the 2016 election.


The news that senior FBI agent Peter Strzok exchanged anti-Trump, pro-Hillary text messages with another FBI official matters—though we’ve yet to see the content. The bigger scandal is that the Justice Department, the Federal Bureau of Investigation and   The House Intelligence Committee sent document subpoenas and demanded an interview with Mr. Strzok. The Justice Department dodged, and then leaked.


The department also withheld from Congress that another top official, Associate Deputy Attorney General Bruce Ohr, was in contact with ex-spook Christopher Steele and the opposition-research firm Fusion GPS. It has refused to say what role the Steele dossier—Clinton-commissioned oppo research—played in its Trump investigation. It won’t turn over files about its wiretapping.


And Mr. Mueller—who is well aware the House is probing all this, and considered the Strzok texts relevant enough to earn the agent a demotion—nonetheless did not inform Congress about the matter. Why? Perhaps Mr. Mueller feels he’s above being bothered with any other investigation. Or perhaps his team is covering for the FBI and the Justice Department.


When Deputy Attorney General Rod Rosenstein appointed Mr. Mueller, he stressed that he wanted a probe with “independence from the normal chain of command.” Yet the Mueller team is made up of the same commanders who were previously running the Trump show at the Justice Department and the FBI, and hardly distant from their old office.


Andrew Weissmann, Mr. Mueller’s deputy, is chief of the Justice Department’s criminal fraud section and was once FBI general counsel. Until Mr. Strzok’s demotion, he was a top FBI counterintelligence officer, lead on the Trump probe. Michael Dreeben is a deputy solicitor general. Elizabeth Prelogar, Brandon Van Grack, Kyle Freeny, Adam Jed, Andrew Goldstein —every one is a highly placed, influential lawyer on loan from the Justice Department. Lisa Page —Mr. Strzok’s mistress, with whom he exchanged those texts—was on loan from the FBI general counsel’s office.


Does anyone think this crowd intends to investigate Justice Department or FBI misdeeds? To put it another way, does anyone think they intend to investigate themselves? Or that they’d investigate their longtime colleagues— Andrew McCabe, or Mr. Ohr or Mr. Strzok? Or could we instead just acknowledge the Mueller team has enormous personal and institutional interests in justifying the actions their agencies took in 2016—and therefore in stonewalling Congress?


The Strzok texts raise the additional question of whether those interests extend to taking down the president. Mr. Strzok was ejected from Team Mueller for exhibiting anti-Trump, pro-Clinton behavior. By that standard, one has to wonder how Mr. Mueller has any attorneys left.


Judicial Watch this week released an email in which Mr. Weissmann gushed about how “proud and in awe” he was of former acting Attorney General Sally Yates for staging a mutiny against the Trump travel ban. Of 15 publicly identified Mueller lawyers, nine are Democratic donors—including several who gave money to Mrs. Clinton’s 2016 campaign. Jeannie Rhee defended the Clinton Foundation against racketeering charges, and represented Mrs. Clinton personally in the question of her emails. Aaron Zebley represented Justin Cooper, the Clinton aide who helped manage her server. Mr. Goldstein worked for Preet Bharara, whom Mr. Trump fired and who is now a vigorous Trump critic. The question isn’t whether these people are legally allowed (under the Hatch Act) to investigate Mr. Trump—as the left keeps insisting. The question is whether a team of declared Democrats is capable of impartially investigating a Republican president.


Some want Attorney General Jeff Sessions to clean house, although this would require firing a huge number of career Justice Department lawyers. Some want Mr. Trump to fire Mr. Mueller—which would be counterproductive. Some have called for a special counsel to investigate the special counsel, but that way lies infinite regress.


There is a better, more transparent way. Mr. Sessions (or maybe even Mr. Trump) is within rights to create a short-term position for an official whose only job is to ensure Justice Department and FBI compliance with congressional oversight. This person needs to be a straight shooter and versed in law enforcement, but with no history at or substantial ties to the Justice Department or FBI.

It would be a first, but we are in an era of firsts. Congress is the only body with an interest and ability to get the full story of 2016 to the public, thereby ending this drama quickly. But that requires putting an end to the obstruction.