The Washington 180 – Part Two: Special Counsel

A week and a half ago I wrote about what I called “The Washington 180.”  In that post, I talked about the issuance of nationwide injunctions by federal district courts and how Democrats and Republicans felt about them – and how their opinions might change once Joe Biden is inaugurated.  Democrats who thought it was great when federal district courts issued nationwide injunctions to stop things the Trump administration was trying to do might not like it so much if a federal district court issues a nationwide injunction against something the Biden administration is trying to do.  On the other hand, Republicans who thought it was horrible when nationwide injunctions were issued by federal district courts against Trump administration actions might think it’s great if they are issued against the Biden administration.

Here is another Washington 180 that will be coming: special counsels.  Democrats loved special counsels when Robert Mueller was investigating Russian interference in the 2016 election and Russia-Trump collusion.  Democrats thought special counsels were a necessary check.  They warned Republicans – and President Trump – not to interfere with the Mueller investigation.  Republicans didn’t agree, to say the least.

Last week Attorney General William Barr announced that he had, before the election, appointed John Durham to be a Special Counsel so Mr. Durham could continue to investigate the decision of the FBI and intelligence agencies to investigate the Trump campaign even during the 2016 campaign.  Not surprisingly, Democrats who supported the idea of special counsels and Mr. Mueller and his investigation are saying the Mr. Durham’s investigation is unnecessary and just about settling old scores.  Once President-elect Biden is inaugurated, I expect some Democrats will start calling for the Durham investigation to be shut down and maybe even for Mr. Durham to be removed. 

On the other hand, Republicans who criticized the idea of special counsels and who objected to the appointment of Mr. Mueller and his investigation will be hailing Mr. Durham’s appointment and saying that investigation must not be interfered with by the Biden administration.  In other words, the Washington 180.

One thing I have not seen mentioned in the otherwise totally predictable responses to Attorney General Barr’s appointment of Mr. Durham: While people are seeing this as a way prevent President Biden or his attorney general from ending or otherwise trying to control Mr. Durham’s investigation, what the appointment also did was something else.  It would have stopped President Trump, if he had been re-elected, from trying to fire Mr. Durham or interfere with his investigation if a re-elected President Trump all of a sudden did not like what Mr. Durham was doing.  Which would have been entirely possible since one could never know what President Trump one day to the next.  Attorney General Barr was doing it right, regardless of the consequences.