06 December, 2017

FBI Agent Peter Strzok & Robert Mueller Investigation | National Review

FBI Agent Peter Strzok & Robert Mueller Investigation | National Review:

I am not claiming that there is never crossover between law and politics. There are, after all, philosophical disputes inherent in the law, and a lawyer’s adherence to one side or the other tends to track his political bent of mind. As long as these arguments are made in good faith, though, this is healthy. Ironically, in the Clinton pardons matter, I was more sympathetic to the liberal-Democrat Clintons than were some of my liberal-Democrat colleagues: I have an originalist predisposition that executive power is meant to be checked by political restraints (Congress and the ballot box) rather than by judicial means; progressives tend to see the executive law-enforcement agencies as a quasi-independent check on the chief executive, and the courts as the means of ensuring the president is not above the law. Still, these arguments take place within well-known jurisprudential lines, and they matter in only the rarest criminal investigations. By and large, even if a suspect is a Marxist, the politics of the people investigating him shouldn’t matter any more than the politics of the surgeon who operates on his aching back.



I don’t know Agent Strzok, but people who do tell me he is an exceptional intelligence agent. They say his transfer — effectively, his demotion — to the FBI’s human-resources division is exactly the sort of thing that should be celebrated . . . in Moscow.


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