Commentary about the death of Robert Mueller has been largely overtaken by President Trump’s reprehensible expression of delight at his passing. This condemnation is certainly warranted. Trump has displayed once again his rejection of the ties that bind a democracy together and enable it to function. Those who care about a democratic culture do not revel in the death of political adversaries.
Mueller’s passing should also prompt reflection on what has become of leaders in the legal community who have been widely thought able to transcend political differences, and help to resolve complex, divisive problems beyond the capacities of a polarized political class. Call them legal “notables,” or any other term you choose. Whether Democrat, or Republican, liberal or conservative, they have achieved this recognition in part by the mastery of their craft, but also by the integrity with which they practice it. They have answered the call for public service, and their hard-earned special standing uniquely equipped them for the task at hand. After the Watergate scandal, Edward Levi was one such notable, chosen by President Gerald Ford to be the attorney general needed to repair a badly damaged Department of Justice. Levi took the job with the express intention of making “pervasive a certain sense of fairness and responsibility—and adherence to the law—and a clear denial of partisan political use” within DOJ. To a remarkable degree, he succeeded.
In our national politics, individuals possessing this standing across the political divide have begun to disappear from the public scene. Robert Mueller marked one moment in this trajectory of decline. When the acting attorney general in Trump 1.0 named Mueller as a special counsel in the Russia investigation, the press brimmed over with expressions of admiration for his professionalism and character. Democrats and Republicans alike applauded the choice. In fact, it was hard to imagine another choice that would have been as well received.
But the polarization of our politics overcame what Mueller had been appointed to offer. Many Democrats sputtered with frustration that he didn’t deliver the outcome that they expected and believed to be justified. A large majority of Republicans came to see this once commanding figure as the leader of what Trump and his allies repeatedly characterized as a “witch hunt” and a “hoax”—whether he was charged with purposeful partisanship, or for being a tool for partisans on his staff.
When Mueller appeared before Congress to testify about his report, he was criticized on all sides, with whispering in the background that he had lost more than a step. But, in seeking to have his report on the investigation speak for itself, he was trying to play it straight, which has become very hard to do in bent times. This approach could not win the day. Fast forward to today, to the strident, insult-laden, performative testimony that an attorney general of the United States believes it appropriate to deliver before Congress.
To mourn the loss of Mueller and what he represented in our public life is not to suggest that he cannot be criticized for any decision he made as special counsel. There was never any chance that, however his investigation concluded, he would have avoided harsh criticism in his “damned if you do, damned if you don’t” position. But what he discovered is that it is no longer possible for controversial decisions to be debated civilly and fairly while full credit is still given to good faith and professionalism under difficult conditions and in dealing with hard issues.
Robert Mueller was committed to a system that would work if those responsible for it, or called to navigate it through difficult times, served with skill, experience, and integrity. We will soon find out whether American politics have, for the foreseeable future, driven devoted public servants like Bob Mueller from the frontlines in an era when they can expect their work to be derided, their motives questioned, and, eventually, their deaths to be celebrated.
Retired, living in the Scottish Borders after living most of my life in cities in England. I can now indulge my interest in all aspects of living close to nature in a wild landscape. I live on what was once the Iapetus Ocean which took millions of years to travel from the Southern Hemisphere to here in the Northern Hemisphere. That set me thinking and questioning and seeking answers.
In 1998 I co-wrote Millennium Countdown (US)/ A Business Guide to the Year 2000 (UK) see https://www.abebooks.co.uk/products/isbn/9780749427917
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