Checking their pajamas for weapons

Andrew McCarthy writes at National Review,

…It was not enough to get a search warrant to ransack the Virginia home of Paul Manafort, even as the former Trump campaign chairman was cooperating with congressional investigators. Mueller’s bad-asses persuaded a judge to give them permission to pick the door lock. That way, they could break into the premises in the wee hours, while Manafort and his wife were in bed sleeping. They proceeded to secure the premises — of a man they are reportedly investigating for tax and financial crimes, not gang murders and Mafia hits — by drawing their guns on the stunned couple, apparently to check their pajamas for weapons.

Mueller’s probe more resembles an empire, with 17 prosecutors retained on the public dime. So . . . what exactly is the crime of the century that requires five times the number of lawyers the Justice Department customarily assigns to crimes of the century? No one can say. The growing firm is clearly scorching the earth, scrutinizing over a decade of Manafort’s shady business dealings, determined to pluck out some white-collar felony or another that they can use to squeeze him.

…The way it’s supposed to work, the Justice Department learns of a crime, so it assigns a prosecutor. To the contrary, this Justice Department assigned a prosecutor — make that: Seventeen hyper-aggressive prosecutors — and unleashed them to hunt for whatever crime they could find.

If you sense that this cuts against the presumption of innocence, you’re onto something. Because of that presumption, coupled with such other constitutional rights as the Fourth Amendment’s protection against unreasonable police searches, prosecutors are supposed to be measured in the use of their awesome powers, to employ only as much compulsion as seems appropriate under the circumstances. You don’t get a search warrant when a subpoena will do; if you have to get a warrant, you don’t do a covert pre-dawn entry when ringing the bell in the daytime will easily get you in the door.

Law enforcement is hard and sometimes dangerous work. Thus, there is leeway for officials to make errors in judgment. Without that leeway, they would be too paralyzed to do their jobs, and there would be no rule of law. But when prosecutors and investigators go way overboard just because they can, it is not law enforcement. It is abuse of law-enforcement power in order to intimidate.

There is no other way to interpret the brass-knuckles treatment of Manafort, a subject in a non-violent-crime investigation who is represented by counsel and was cooperating with Congress at the time Mueller’s Gang of 17 chose to break into his home. Did they really think they couldn’t have gotten the stuff they carted out of Manafort’s residence by calling up his well-regarded lawyers and asking for it? After he had already surrendered 300 pages of documents to investigative committees?

I’m betting he’s not in cuffs because the point of this over-the-top exercise was not to investigate Manafort; it was to demonstrate to Manafort’s very concentrated mind how miserable the prosecutors can make his life if he doesn’t wave the white flag, pronto, and give them whatever he’s got on Donald Trump — which, by the way, had better be something.

Why is this worth pointing out? Because someday, maybe, we’ll get around to asking: What would have happened if Hillary Clinton’s very real email scandal — with its mountainous evidence of felony mishandling of classified information and destruction of government records — had been investigated with the no-holds-barred vigor Mueller and his band of Hillary donors are applying to the surmise of Trump collusion in Russian espionage?

Read more here.