Ex-AG Mukasey: No Special Prosecutor – ‘There’s Nothing to Prosecute’

By Susan Jones | March 6, 2017 | 6:29 AM EST

Michael Mukasey served as U.S. attorney general in the George W. Bush administration. (AP File Photo)

(CNSNews.com) - Shouldn’t the shocking accusations made by President Donald Trump over the weekend warrant the appointment of an independent prosecutor?

Martha Raddatz, guest host of ABC’s “This Week,” asked that question of former (George W. Bush) Attorney General Michael Mukasey on Sunday, one day after Donald Trump accused President Obama of ordering the wiretapping of Trump Tower during the presidential campaign.

“No. There's nothing to prosecute,” Mukasey replied.

The only crime that I have heard about or seen of that was committed was committed by the Russians when they hacked the DNC. They hacked John Podesta, and they tried to hack the Republican National Committee. That's the only crime that I'm aware of.

Now, the question is, of course, is why was it committed? Some people say it was committed to promote the election of Donald Trump. I happen to think that is ridiculous. Because at the time that it had happened, Donald Trump looked like a sure loser. And you'd have to believe that Vladimir Putin was an idiot trying to back a sure loser.

I think much more likely he was trying to intimidate a sure winner, Secretary Clinton.

Mukasey had a mixed reaction on Sunday to Trump’s accusation that President Obama ordered a wiretap on phones and emails at Trump Tower through a FISA warrant, something an Obama spokesman denied.

“I think the president was not correct, certainly, in saying that President Obama ordered a tap on a server in Trump Tower,” Mukasey said. “However, I think he's right in that there was surveillance and that it was conducted at the behest of ... the Justice Department through the FISA court.”

Mukasey said he bases his opinion on “news reports.”

“I also base it on kind of inadvertent blurting out by Adam Schiff that his (House intelligence) committee wants to talk to the counterintelligence agents at the FBI who were involved in this. Now, what that means is this is part, not of a criminal investigation, but of an intelligence gathering investigation.

"The FBI has got two functions. They investigate crimes and they gather intelligence. They started gathering intelligence in '08 based on guidelines that we put in place.

"They tried to get -- apparently tried to get a wiretap based on their criminal investigation function in June. That was turned down. They then tried to get, and got, an order permitting them to conduct electronic surveillance in October. This is October of 2016."

Guest host Martha Raddatz said, “If a wiretap did exist, it would have to have been approved by a FISA court based on real evidence. So, if there was a wiretap, does that mean there were suspicious things going on between the Trump administration and the Russians?”

Mukasey responded:

“It means there were some basis to believe that somebody in Trump Tower may have been acting as an agent of the Russians, for whatever purpose, not necessarily the election, but for some purpose.

“And the FBI keeps track of people who act as agents of foreign governments. They keep track of people who act as agents of the Chinese, the Russians, the Israelis, everybody.”

Mukasey said the only way to verify whether there was electronic surveillance is to disclose the (classified) FISA warrant and the results the warrant produced. “And that should not be done even in a political storm as hot as this one,” he added.

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