2020's October Surprise

As comprehensive the mauling of Mueller by a mob of unrepentant Republicans on Capitol Hill last Wednesday was, the Democrats still were able to get the one thing from His Eminence Robert Swan Mueller III they absolutely had to have if they were to effectively proceed with their plan to steal the 2020 Presidential Election. 

They may have twisted themselves into pretzels to get more, but there was one thing that they simply could not do without.  And during the six-hour-melee that will surely be his swan song, Mueller delivered.  That was for Mueller to assert Donald Trump could be prosecuted after his term as president expired. 

Many in the media have concentrated on the Lieu (See what I did there?) question and answer dealing with why Mueller didn’t charge Trump.  In the morning he testified that the guidelines set out by the DOJ OLC (Office of Legal Counsel) prevented him from doing so.  Starting strong in the afternoon session, Mueller wisely walked that back. 

Then the Ritalin wore off and we all know how bad it was for Robbie after that.

Conversation overheard at the DOJ Assisted Living Facility lunch counter:

Mueller: “How’s the soup, today?”

Food Man Dan: “That’s beyond my purview.”

Mueller: “But is it good?”                                               

Dan: “Could you repeat the question?”

Mueller: “I want to know about the soup…”

Dan: “I’m not going to discuss that…”

Mueller: “I’ll have the salad.”

Knowing Robbie’s history, how else could Dan respond?

He could have said the soup was great, but Mueller still has connections (you know, G-Man, war hero, registered Republican) and Dan has immigration issues.  Besides, “lack of candor” in front of the special counsel has repercussions -- just ask Flynn.

He could have said the soup sucked, but then he’d have to perform the same song and dance over the salad.

Best to string Robbie along and let him forget -- he eventually will.  Time was on Dan’s side…

But I digress…

It was later that Mueller was given the opportunity to point out the president could be charged for his crimes after he left office. 

They didn’t discuss the statute of limitations, probably because it is the statute of limitations that affords Democrats a 2020 October Surprise opportunity.  Certainly, Dems would have loved for Mueller’s report to have recommended indicting the president for obstruction and to have only demurred due to the OLC guidelines forbidding it; an impeachment case could be built on that.  But with no recommendation and Barr shooting down obstruction, they had nothing.

Since Trump can’t be prosecuted now and if he wins reelection the statute of limitations will have run out by the time he leaves office, why not get the Southern District of New York (SDNY) to file a sealed indictment for… I don’t know, perhaps campaign finance violations with respect to the bimbo payments (and I say that with all due respect, Stormy).  This is why Cohen was forced to plead to two counts of campaign finance violations in his plea agreement.  They were setting the table for a sealed indictment of Trump for the same thing.  Mueller also turned Cohen over to the SDNY, so they are nicely situated to proceed against Trump.  Because as multiple Democrats asserted, as if reading from a script during Mueller’s testimony, “No one is above the law.” 

Yet, Trump will never do time; there will never even be a trial.  The sole purpose of a sealed felony indictment of Trump is to leak it to the media just before the election.

Picture the scenario:

It is a slow news day sometime before Halloween.  It’s unusually warm for an October evening during the prelude to one of the most contentious Presidential Elections in modern history; a soft breeze blows across the Potomac. 

Donald Trump is way ahead of Kamala and Buttigieg in the polls.  Nate Silver says Harris has only a 33% chance of winning.  The days dwindle as voting looms.

Barack Obama, having just filled a high school gym (well, almost), delivers a speech pointing out the Mueller Report demonstrated for all to see that Trump was a criminal and it was only DOJ guidelines preventing his indictment and impeachment on federal charges during his presidency.  Barry, folding his arms while turning his head up and away from the teleprompter, as if gazing at the arc of history mellifluously finishes with, “No one is above the law.”

The next day, all the major news media organizations lead with coverage of his speech; the New York Times and the Washington Post publish similar articles agreeing with the former president that indeed, “No one is above the law.”  Almost identical coverage populates CNN, MSNBC, and Fox.  The nation’s talking heads express undying admiration for Barack Obama’s brave ethical stand.

Several days pass…

It starts with CNN, which breaks into regular chyron programming to announce a “Special Report.”  They have anonymous confirmation from four independent sources knowledgeable about the facts and intimate with the investigation, that President Donald Trump is under sealed felony indictment for campaign finance violations with respect to his payments to Stormy and others.

Accusations of perfidy from the right abound, forcing a spokesman for the SDNY to decry the leak, while maintaining the SDNY sealed the indictment to protect the president and allow him the freedom to pursue his policies without also having to defend himself in a criminal trial.  As he finishes his statement, he notes that in the United States of America, “No one is above the law.”

With only days until the election, all hell breaks loose.  Trump tanks in the polls as many people rethink their vote.  Democrats are filled with glee as they ready themselves for President Kamala Harris.

Please follow William L. Gensert on twitter @williamlgensert.

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