Andrew Weissmann in 2003.
Photograph:
jeff mitchell / Reuters
President Trump’s spate of pardons and clemency concessions this week are being denounced everywhere, and many of them seem undeserved, or worse. But critics would have more credibility if they tried to understand why tens of millions of Americans consider them Andrew Weissmann’s pardons.
Mr. Weissmann is the former deputy of special lawyer Robert Mueller in the Russian collusion investigation. He is a Democratic supporter who can be seen so far on MSNBC suggesting that Trump obstructed justice in the investigation that never revealed evidence of collusion. He and his fellow prosecutors spent two years, with all the resources of the federal government, trying to prove a case that did not exist.
Instead, they indicted individuals in Trump’s orbit for crimes unrelated to his primary purpose. They pursued Paul Manafort in a foreign lobbying law that is rarely enforced and then found evidence of tax fraud. They coerced George Papadopoulos and Alex van der Zwaan to appeal the charge of making false statements. Roger Stone was convicted of obstructing a Congressional investigation.
Sir, Manafort’s tax crimes are serious crimes and that’s how a jury sees them. He and Stone, former business partners, have long been political scoundrels of the kind that Trump likes to have around him. But there is no doubt that they were targeted not for their specific crimes, but because they associated with Mr. Trump. Prosecutors wanted to catch Mr. Trump – many of them still are – and were happy to overthrow others in the hope of having evidence against the president.
However, the target men had nothing to offer other than what prosecutors found from other sources. It was inevitable that Mr. Trump would forgive these former associates before leaving office. If the good and the just want to avoid political forgiveness, they should be more critical of political processes.
These points do not apply to pardons for former Republican Party congressman Duncan Hunter and Chris Collins. The two men admitted to having violated public trust and, at most, deserved their sentences to be commuted, so as not to have their convictions eliminated.
The pardons of four Blackwater security guards convicted of killing civilians in Iraq are also difficult to justify. This reminds us of Mr. Trump’s previous intervention to save the Trident badge for Navy Seal team chief Eddie Gallagher, whose colleagues refused to defend his behavior. These decisions show disrespect for American soldiers, who must be disciplined under great stress on the battlefield.
The pardons that most seem to exercise Washington’s political class, however, are those related to the Mueller-Weissmann investigation. And in them they can contemplate their own complicity. Russia’s collusion saga has damaged American confidence in government institutions far more than its promoters recognize. His refusal to admit his damage and his own role in it fuels the cynicism that Mr. Trump is very happy to explore.
Potomac Watch: With the launch of Rod Rosenstein’s “scope” memo, and the Justice Department’s withdrawal from its case against Michael Flynn, the spotlight turns to Robert Mueller. Image: Getty Images Composed: Mark Kelly
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Published on December 26, 2020, print edition.