A judge already ordered Mueller to stop stalling once. Now he’s stalling again. But why is he stalling at all?
There is a law on the books stating that a trial must begin within seventy days of being indicted. It’s in keeping with the accused’s right to a speedy trial.
When the Russian companies Mueller indicted (except the one that didn’t even exist as a legal entity at the time) faced Mueller’s team in court, they insisted that the process proceed quickly so they could get on with it and demonstrate their innocence.
The judge tore a strip out of Mueller’s team once already for stalling.
Now he is stalling again.
One of the Russian companies — Concord Management and Consulting — entered the U.S., hired American lawyers, and demanded a speedy trial. The Speedy Trial Act is a 44-year old federal law that dictates that a federal criminal case must begin within 70 days from the date of the indictment.
The “complexity” of the case warrants excluding the speedy trial law and delaying the trial, Mueller argued in Tuesday’s court filing.
Remember, he was accused by the judge in the Manafort case of not caring about justice in that case, so much as in trying to squeeze Manafort to get at Trump.
“Speedy trial rights belong to the defendant, and if the defendant pushes for a trial within the 70 days, the government has little cause to complain,” McCarthy said. “If the case was too complex, the government had the option of holding off on seeking an indictment until it was ready to proceed to trial. When a prosecutor files an indictment, it is tantamount to saying, ‘We are ready to go.’”
Mueller originally filed the indictment against the Russians on Feb. 16, charging that they “engaged in a multi-year conspiracy” to interfere with the 2016 presidential election. Because none of the defendants were U.S. citizens, law experts said it appeared unlikely that the case would ever go to trial.
Even the judge figured the Manafort case wasn’t really in earnest.
Is something similar going on here? Did he only indict them to either …
(a) add credibility to the claims that there really IS a Russian conspiracy brewing somewhere, with the expectation that he could find them guilty in absentia? Or…
(b) use discovery to gain access to information he hoped to nail Trump with?
Come to think of it, there is another explanation.
A couple of ACTUAL Constitutional Scholars recently called BS on Rosenstein’s right to appoint anyone with the scope and breadth of powers that Mueller is effectively working under, and claims it violates the Appointments clause. If that were tested, and if he lost, the whole investigation would collapse like a house of cards.
Related story:
Scholars Claim Mueller’s Appointment Violated Appointments Clause of Constitution
Remember, this guy and his team don’t exactly have a stellar record of solid convictions including the Supreme Court overturning one by 9-0.
Mueller was also criticized for his time as head of the FBI. He led the investigation into the deadly anthrax attacks in the years after 9/11 for nearly seven years, ultimately leading in the prosecution of the wrong suspect, who later successfully sued the government for $5.8 million.
After agents successfully traced back the anthrax to an Army microbiologist who committed suicide once he was informed of the impending charges, Mueller “was reluctant to publicly address the missteps” in the case.
Source: Newsweek
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