J. Edgar Hoover used to say that “justice is just incidental to law and order.” It was a telling quote from someone who routinely abused his power in seeking what he viewed as enemies of law and order. Hoover is now a pariah at the FBI and the Justice Department, but his attitude toward the use of federal power lingers like a dormant virus. Too often investigators interpret uncertain legal questions as a license for action.
That seems to be the case with a new and troubling controversy over a massive seizure of emails by special counsel Robert Mueller from the General Services Administration (GSA). Mueller did an end run around Trump transition officials and counsel by seizing tens of thousands of emails from the GSA despite claims of privilege. The move was legally unprecedented and strategically reckless. In a gratuitous muscle play, Mueller may have added a potential complication to the use of evidence that could contaminate much of his investigation in any later trial.
Napolitano said the argument is dubious and that he's "appalled" by the allegation that Mueller did a "bad thing."
"He didn't," said the Fox News senior judicial analyst, explaining that a grand jury subpoena would have been needed to obtain the records from the GSA.
Napolitano described the process as "law school 101," saying the Trump team should have made a written agreement with the GSA to inform them of any subpoenas for documents before complying.
