Mueller, Deep State ignore lessons from 17th century England

The Mueller “Russiagate” probe is being exposed as a corrupt, partisan fiasco, so much so that it is losing support from one of the deep state’s best cheerleaders, The Washington Post.

Special Counsel Robert Mueller’s appointment of Clinton loyalists to his team violated every sense of independence, and now we are witnessing the unraveling of this foolish plot. Under the special counsel regulations, 28 CFR 600.7(c) and (d), the Mueller team should be disciplined for misconduct and breaches of ethical duties. The probe itself should be terminated for conflicts of interest.

I recently likened the Mueller probe to the Star Chamber under English King Charles I of the 17th century.

That made me reflect a bit more on how that period helped shape not only the founding of America, but the constitutional principles later articulated by the Framers.

The deep state relies on what Professor Philip Hamburger notes is “prerogative” in his brilliant book, Is Administrative Law Unlawful?  Professor Hamburger catalogs and analyzes how the Framers created a system that provides legal checks and balances on government and a separation of powers. These concepts that are vital to liberty are mostly absent in the administrative, aka, deep state.

The Constitution created not merely a structure of government, but is ourfundamental and paramount law, or what Richard Viguerie and I call The Law That Governs Government, which is the title of an e-pamphlet written during the rise of the Tea Party movement.

The principles of the Tea Party and constitutional conservative movement go back to Magna Carta, which is celebrated because it is law over -- and limiting -- government.

But it is the 17th century English experience of the tyrannical reign of Charles I, followed by clearer articulation of these principles in the 18th century, which made America what it is.

From the Puritan migration to America for religious liberty to the English Bill of Rights in 1689, we can see nearly all the core American principles that we might take for granted, and that progressives embedded within the deep state, Obama, and Hillary would want substantially marginalized and even forgotten.

These principles of representative government, separation of powers, religious liberty, property rights, freedom of speech and publication, ownership of arms for our individual defense, faithful execution of laws, juries, prohibition of fines and asset forfeiture before convictions, and more are not the brilliant creations of the Framers. The Framers merely guaranteed them over government by written law.

The abusive Charles I and the Star Chamber operating under his reign eventually succumbed because they became overzealous. Instead of just targeting the political and religious dissent of commoners under the guise of seditious libel against the Crown, they employed searches and seizures of political opponents and their papers. Even the great English jurist Sir Edward Coke, whose Institutes articulated principles of English law over and governing government, had his manuscripts seized.

The Mueller team, Lois Lerner, James Comey, Susan Rice, Loretta Lynch, and others have used the power of prerogative in favor of the progressive deep state and against those who have challenged the embedded power that is quintessentially at odds with Anglo-American constitutional principles. They are what helped give rise to the constitutional conservative movement, the Tea Party, and Trump’s army of deplorables.