John Eastman, law professor at Chapman University, writes in American Greatness this week that the powers invested in Special Counsel Mueller to investigate "Russian hacking/collusion/obstruction poses grave dangers to our body politic and our liberty." His advice to President Trump: Fight fire with fire. Turn the law and the courts back on your opponents. Trump is being investigated without any probable cause of a crime. The Obama administration, in contrast, is a target-rich arena of criminal activity.
It is unconstitutional to issue a search warrant when there has been no crime and there is no probable cause. But that is exactly what President Trump's DOJ has inflicted on the president and his team with Mueller's special investigation. It was not just cowardice, but folly for the DOJ to buckle to the left-wing media's hysterical insistence to investigate our president's alleged collusion with the FSB.
According to Professor Eastman:
The special counsel will not to track down the details of a crime known to have been committed and determine "who dunnit," but will scour the personal and business affairs of a select group of people – the President of the United States, members of his family, his business associates, and members of his presidential campaign and transition teams – to see if any crime can be found (or worse, manufactured by luring someone into making a conflicting statement at some point). This is not a proper use of prosecutorial power, but a "witch hunt," as President Trump himself correctly observed. Or, to put it more in terms of legalese, this special prosecutor has effectively been given a "writ of assistance" and the power to exercise a "general warrant" against this select group of people, including the President of the United States, recently elected by a fairly wide margin of the electoral vote.That is the very kind of thing our Fourth Amendment was adopted to prevent. Indeed, the issuance of general warrants and writs of assistance is quite arguably the spark that ignited America's war for independence.
Professor Eastman suggests fighting fire with fire, prosecution with prosecution.
Unfortunately, the only antidote may be to fight fire with fire. President Trump: Perhaps it is time to make good on that old pledge to appoint a special prosecutor to look into the Clinton "matters" after all. And while you're add it, add in referrals to the grand jury for the contempt of Congress committed by the IRS's Lois Lerner and former Attorney General Eric Holder, an FBI investigation of the destruction of government documents and servers in the midst of the IRS scandal, an investigation into alleged perjury committed by IRS Commissioner John Koskinen in testimony about those matters given under oath to Congress, an "obstruction of justice" investigation against former Attorney General Eric Holder and others (and related perjury charges against Assistant Attorney General Thomas Perez) for allegedly ordering that an egregious voter intimidation case against the New Black Panther Party be dropped shortly before a default judgment was about to be entered in the government's favor, etc., etc., etc.
President Obama and his leftist minions spat on our constitution and flouted the rule of law for eight long years. Google "Obama flouts constitution," or see hereand here and here and here and here. Their abuse of power was ignored by the media and our partisan courts, but it has not been forgotten by conservatives.
President Trump's voters would like to see equality before the law upheld once again in America. It is bad for our country that rich and powerful Democrat politicians and bureaucrats harm our national security and ruin other people's lives, in flagrant violation of the law, and are never held to account for their crimes.
Professor Eastman's advice to fight fire with fire stops short. Based on his own analysis, it is unconstitutional to do warrantless searches with no probable cause. Ending the baseless "Russian collusion" witch hunt is fundamental to upholding our constitution.
Those who counseled President Trump to not prosecute Hillary Clinton said a Clinton investigation would distract the White House from furthering Trump's positive agenda. That was a strong argument – then. But as Professor Eastman points out, it backfired. Perhaps Trump's civility was taken as a sign of weakness. Hillary launched the lie that the Russians made her lose the election. Democrats instigated this phony Russian collusion investigation of Trump, precisely in an effort to distract the White House and halt the Trump agenda. The best defense is to return to offense.
President Trump has the responsibility to re-establish the rule of law in our country, and he will have the enthusiastic backing of his base if he does so. It is time to end Democrats' politically motivated abuse of the law. Stop the Mueller investigation, and go after Obama Inc.'s multiple crimes.