Handling of Mueller Report Isn't Mystery It's Been Made Out to Be
Every prosecutor must exercise such discretionary judgment of when and whom to prosecute on the evidence, not on political or media-generated bellowing.
March 26, 2019 at 11:01 AM
3 minute read
The process and outcome of the Mueller report are not the interpretative mystery that swirling commentaries and reactions are projecting. The special counsel 's report and the attorney general's letter are really quite simple to understand. Each respectively executed their defined roles of statutory and delegated authority.
In Mr. Mueller's instance, he did so with remarkable humility, respecting institutional boundaries concerning the obstruction issue, while resolutely dispatching the collusion issue. As to the attorney general, he discharged his exclusive responsibility by doing what is done every day by every prosecutor, local and national. He evaluated the report and record Mr. Mueller presented to him, and with the deputy attorney general's review and concurrence, acted within his prescribed range of authority by declining pursuit of the criminal obstruction issue. Every prosecutor must exercise such discretionary judgment of when and whom to prosecute on the evidence, not on political or media-generated bellowing. The joint actions effectively and jurisdictionally conclude both those issues within their overarching purview and mandates.
Robert Mueller has been universally reputed from the run-up of his appointment to the completion of his duties as the consummate professional. He performed as such with disciplined schooling and belief in the renowned gold-standard prosecutorial principles of conduct, as prescribed almost eighty years ago by then-U S Attorney General, The Honorable Robert Jackson. On April 1, 1940. Jackson (of later fame a SCOTUS Justice and Nuremberg chief prosecutor) addressed the prosecutors of the nation under his charge in a magnificent call to duty – an instructional manual entitled The Federal Prosecutor. The concluding paragraph stated: “A sensitiveness to fair play and sportsmanship is perhaps the best protection against the abuse of power, and the citizen's safety lies in the prosecutor who tempers zeal with human kindness, who seeks truth and not victims who serves the law and not factional purposes, and who approaches his task with humility.”
Prosecutors are forbidden to seek their own limelight in pursuit of ideological or political agendas.
The heat-shield against that kind of self-aggrandizing misconduct is measured professionalism. That is the standard under which Mr. Mueller satisfied his duty.
Examine the proceeding from beginning to end:
Robert Mueller held no press conferences and generated no leaks over a 2-year period including the grand finale release of the report this past weekend – a professional and humble hand-up within the lawful institutional chain of command. Despite the knee-jerk demands that the public wants and needs to see the report and underlying record immediately, irrespective of lawful constraints and the true pulse of the nation as to what is needed or desired, there was no leak to a favored media “source” or “spinner” of the outcome.
Mr. Mueller, thus, comes off as an old-fashioned Robert Jackson prosecutor – operating with by-the-book cool professionalism, rather than someone seeking the heat of a political actor or media power-hungry policy muckraker.
So, what has transpired is simple to understand, measured against the gold standard of Robert Jackson's plain-spoken call to duty. So, does all this ruckus with second-guessing amount to anything serious or merit continued handwringing concerning the discharge of their duties?
Joseph W. Bellacosa was an associate justice on the Court of Appeals.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPatent Trolls Come Under Increasing Fire in Federal Courts
Why Is It Becoming More Difficult for Businesses to Mandate Arbitration of Employment Disputes?
6 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250