I was a guest today on Newsmax TV – America Talks Live with Bill Tucker.

The main topic was my post about James Comey’s Senate testimony, Robert Mueller should step aside: Friends shouldn’t be investigating friends:

“… the case has dramatically changed since James Comey was outed, or outed himself, as the leaker of a memorandum to the NY Times and testified before the Senate. Remember this case started as an investigation of Russian involvement.

We now know from Comey’s testimony that as of the date Comey was fired in late May, Donald Trump individually was not under investigation for anything, not criminal, not counter-intelligence. So there’s nothing for Mueller to be investigating about Donald Trump individually except for one thing, which is James Comey’s conversations with Donald Trump regarding the Michael Flynn investigation. That’s where Comey famously quotes Trump saying ‘I hope you let it go, he’s a good guy,’ I’m paraphrasing there.

That is now the center of attention. That involves James Comey as a key witness. Who is James Comey personally and professionally friendly with? Robert Mueller.

Robert Mueller, if he is going to consider the alleged obstruction of justice asserted by James Comey, should not be the prosecutor or investigator in this because he is friendly with a key witness, James Comey. So that’s what I meant when I said ‘friends should not be investigating friends.’ And Robert Mueller, if he is considering Trump’s asserted obstruction of justice, cannot and should not be the investigator on this case.”

I then discussed Comey’s history of involvement in obstruction of justice prosecutions where he could not prove an underlying crime. I’d refer you to an excellent article on this topic by Mollie Hemingway at the Federalist, James Comey Has A Long History Of Questionable Obstruction Cases. Frank Quattrone, someone wrongfully convicted by a Comey investigation and ultimately vindicated, has been tweeting about the team Mueller is putting together.

I discussed how this history increased the risk to Trump from testifying before the Special Counsel.

That is what this crew [of prosecutors] that Mueller’s putting together specializes in, … if they can’t get you on the substantive crime, they get you on the so-called process crime, which is a crime committed in the course of the investigation. And that’s why this is beginning to smell a little bit like a traditional Comey set-up, like he did with Martha Stewart and others, like was done with Scooter Libby by another special counsel, special prosecutor, that they don’t get you on the crime, they get you on the process.

For Donald Trump, even if he’s right about what was said or what was not said, needs to be extremely, extremely careful around a group of prosecutors who, as I think you’ve noted, have a history of bringing overly aggressive prosecutions.”

We ended the discussion with two more of my posts: