In truth, the Russians “colluded” through GPS Fusion to harm, not help, Trump and the evidence of that is coming out. It’s time to repeal the Special Counsel law which has now been used twice to hamstring two Republican Presidents, has dubious constitutional authority, and will never result in the indictment of a prominent Democratic politician.
Under the Constitution there are three ways to deal with official corruption: the ballot box, impeachment, or criminal prosecution. Instead, in recent years we have tried two different means: the Independent Counsel law, now lapsed, and the Special Counsel law. Pepperdine Law Professor Douglas M. Kmiec explains the difference and argues that the features of the independent counsel, which the Supreme Court held constitutional, and the special counsel law that has not been challenged, are different, notably that the absence of outside supervision of the prosecutor and failure in both instances of the application of the Special Counsel act -- the Plame case, and the Russian interference case now under Mueller -- lack what the Court called a necessary predicate for such an investigation: a finding by the attorney general that there is reason to believe that a crime has occurred. That did not occur in the “collusion” investigation. In the Plame case, as I show, the major figures all knew there was no crime before they began the investigation.