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Ben Shapiro: Mueller’s ‘Job Is Not to Recommend Impeachment to Congress’

Michael Morris
By Michael Morris | May 30, 2019 | 1:33 PM EDT

Editor-in-Chief of the Daily Wire and host of "The Ben Shapiro Show" Ben Shapiro (Screenshot)

On his daily Facebook Live video podcast “The Ben Shapiro Show” Wednesday, host and Editor-in-Chief of the Daily Wire Ben Shapiro calls out Robert Mueller for statements the Special Counsel made yesterday, suggesting Mueller’s “job is not to recommend impeachment to Congress.”

“[T]hat is not his purview,” stated Ben Shapiro. “Right? He’s a special counsel. His job is not to recommend impeachment to Congress. That’s the Legislative Branch’s job.  You now have a member of the Executive Branch, who, apparently, is effectively saying to Congress, ‘If you guys want to impeach the president, it’s all on you guys – all you.’ It’s very weird stuff that Mueller is doing here.”

Ben Shapiro’s comments came after Special Counsel Robert Mueller, as reported by CNSNews.com,  said in a statement to media on Wednesday that “[i]f we had had confidence that the president clearly did not commit a crime, we would have said so.”

Below is a transcript, in pertinent part, of Ben Shapiro’s remarks from his show on Wednesday:

“Now, that is a line that people are jumping on, particularly members of the media. ‘If we had … evidence that the president did not commit a crime, we would have said so.’ That is not even close to a prosecutorial standard. That is not close to a prosecutorial standard. It’s absurd, frankly, that Mueller would spill that in public, because the job of special counsel is not to exonerate the president on charges. The job of the special counsel is in fact to determine whether there is evidence sufficient to prosecute.

“Can you imagine if every prosecutor said, ‘Listen, I can’t clear this guy. Can’t clear him’? That shifts the burden of proof to the defendant, right? The way that it works in our criminal justice system is you actually have to prove guilt. You don’t have to prove innocence. So, what he is saying there is that when Trump says he was exonerated, that’s nonsense. This is obviously Mueller subtweeting Trump. Trump has been saying he was exonerated.

“I have said all along, since the Mueller report, no he was not exonerated, but there was not evidence sufficient to charge, according to Mueller himself. Mueller is obviously subtweeting the president, but he’s confusing the standard in the process.

“Now, there are a lot of people who are saying, ‘What this really is, is Mueller saying to Congress, “Listen, it’s on you guys.”’ Right? Because the standard, when it comes to Congress, is not proof beyond a reasonable doubt. ‘I didn’t clear him. That means that there is some evidence of obstruction of justice. ‘If you guys want to take that and run – all you guys.

“But that is not his purview. Right? He’s a special counsel. His job is not to recommend impeachment to Congress. That’s the Legislative Branch’s job.  You now have a member of the Executive Branch, who, apparently, is effectively saying to Congress, ‘If you guys want to impeach the president, it’s all on you guys – all you.’ It’s very weird stuff that Mueller is doing here.

“He’s acting defensive, and really, I mean, frankly, I don’t think that it’s up to his standard of clarity for him to do that. I’ve been a long time defender of Mueller. I’ve said that I think that the man is honest. I think that he has been doing his work honestly, but I don’t think that it is particularly honest for a special counsel to get up there and say, ‘We didn’t clear the president.’ That was not your job. That was not your job.

“I understand, you’re pissed off at Trump who’s falsely claiming he was exonerated when you said nothing about exoneration or prosecution. With that said, that is not the legal standard that ought to be applied right here, and it’s kinda dangerous to have special counsels basically reversing the burden of proof and saying that ‘we didn’t exonerate Trump.’ Not your job to exonerate Trump.”

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