With the exit of Jeff Sessions as Attorney General, the fate of Robert Mueller’s ongoing investigation is now in doubt. Sessions has been temporarily replaced by Acting Attorney General Matthew Whitaker, who has a long record of calling for the Mueller investigation to be curbed. Senators of both parties have admonished President Donald Trump against hamper the investigation, but their words were less than stirring.
Senator Minority Leader Chuck Schumer said, “We would hope, if there’s a constitutional crisis, that our Republican colleagues would join us in thwarting the president from creating that crisis.” These words combine an enervating hypothetical mode (“if”) with temporal confusion (how can you thwart the creation of a crisis if it has already started?).
Republicans were little better. Mitt Romney, incoming Senator from Utah, tweeted:
I want to thank Jeff Sessions for his service to our country as Attorney General. Under Acting Attorney General Matthew Whitaker, it is imperative that the important work of the Justice Department continues, and that the Mueller investigation proceeds to its conclusion unimpeded.
— Mitt Romney (@MittRomney) November 7, 2018
Maine Senator Susan Collins tweeted similar words:
It is imperative that the Administration not impede the Mueller investigation. I’m concerned Rod Rosenstein will no longer be overseeing the probe. Special Counsel Mueller must be allowed to complete his work without interference—regardless of who is AG.
— Sen. Susan Collins (@SenatorCollins) November 7, 2018
Jeff Flake, finishing his term as Arizona senator, tweeted:
Earlier this year, we passed S.2644, the Special Counsel Independence and Integrity Act, out of the Senate Judiciary Committee. The bill would safeguard Robert Mueller’s investigation. Leader McConnell should bring the bill to the Senate floor as soon as possible
— Jeff Flake (@JeffFlake) November 7, 2018
The problem with all these statements is they are injunctions without any creditable punishment behind them. After all, Trump has the vast majority of the Republican Senate behind him. As long as that lasts, these warnings are mere words.