RUSH: Now, a lot of people, ever since… I’ll never forget this. It was a couple of weeks ago, and somebody called here and said, “So when do you think Obama is gonna be indicted?”

I said, “I don’t think it’s gonna happen,” and it lit you people up. And then Snerdley spent the rest of the show sending callers livid at me, accusing me of selling out, and I was just being honest. We don’t criminalize former presidents, and there’s a reason for it. You know, you might say that ex-presidents, in many ways, are above the law, because if you could take criminal action against somebody with whom you disagree politically, then it would really render the presidency almost toothless.

I understand this. You live with it; you die with it. You know, we’ve been able to survive with that kind of strategy, treatment of ex-presidents for as long as the country’s been around. But it’s still not to say it doesn’t frustrate me, folks. It frustrates me out the wazoo. I think everybody in that Obama administration — including Comey and Clapper and Brennan and all of those people — they all ought to get the Paul Manafort treatment. They all deserve to have happen to them what they did, particularly since everything they did was a lie; everything they did was made up. There wasn’t a single fact in two to three years of reporting on it. Well, I happened to come across an op-ed at Real Clear Investigations by a guy named Frank… I don’t know how to pronounce it. It’s M-i-e-l-e. Frank Mealy, Frank Mile, Frank Miley, or Frank Moyay.

I mean, who knows! His piece here is all about this, and he’s not buying it. He thinks Obama shouldn’t get a pass. He thinks none of these people ought to get a pass; that, if they do, that there is never gonna be any limit on any of these people ever. And I know you’re gonna love this. I know you’re gonna agree with it. And his point is that Trump must name a special counsel on Obamagate.

I mean, just throw it back at these people exactly like they aimed it at Trump — and don’t forget us. All of it that was aimed at destroying Trump and reversing the election results was actually aimed at us, the people who voted for Trump, the people that continue to support Trump. So, as the program unfolds today, I will share this with you.

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RUSH: Here’s Anthony in Queens. Anthony, I’m glad you waited. Welcome to the EIB Network. Hi.

CALLER: Rush, prayers with you. I’ve been with you since the inception. It’s been a great ride, really.

RUSH: Thank you, sir, very much.

CALLER: I didn’t think you sold out last week, but when you did mention about ex-presidents not going to prison, it did irritate me, and I have to respectfully… I’m not saying he’s going to prison, but if you look at who Trump is, Trump’s gonna do something. I don’t think he’s just gonna let it go, and he should do something.

And I just wanted to make that comment. In the way that, in today’s climate, you know, we’re in “Take Back America” mode. I think this is a possibility that he’s gonna go after them hard, and he should. Just throw it all right back on them the same way they do to us — and the right has woke. Thank you, sir.

RUSH: Well, I’m gonna tell you, it has to happen, or all of this is actually gonna be end up being for nothing. There has to be some accountability on the part of these people because what they did is unprecedented criminally within the world of politics. I mean, everybody thinks Watergate’s the absolute worst thing that ever happened.

Watergate’s Romper Room compared to this, how long this was, how deeply integrated it was with the highest levels of law enforcement and intelligence all the way up to Oval Office in the Obama administration. I’ll tell you what. Your call is well timed. I will use your call as a transition. We’ll get into the column I referenced at the beginning of the program by Frank Miele. “Trump Must Name Special Counsel on” this. He makes some really good points. I know you’re gonna agree with them as well.

So we’ll get to that just a jiffy.

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RUSH: As promised, I have this op-ed piece I ran across yesterday (might have been the day) before by Frank Miele, and I’m assuming it’s how he pronounces it (M-i-e-l-e) and it’s a commentary piece, and the headline: “Trust Must Name a Special Counsel on Obamagate.”

Let me tell you why we’re doing this. Last week (or maybe it was the week before) a nice guy called the radio program and asked me when I thought that Obama and Comey and so forth be indicted, and I said, “I don’t think you should ever think that this is gonna get to Obama. I don’t think Obama’s gonna be indicted. We don’t do that to ex-presidents.

“It would destroy the presidency if every one of them knew that they could essentially be sued criminally after they left office. So it’s something we just haven’t done. In a way, we have acknowledged that presidents when it comes to political policy are above the law.” Well, that started… Snerdley was so mad with my answer that he spent the rest of the day sending me callers livid at me for saying that I didn’t think Obama would ever be charged or indicted.

So I had to spend the rest of the day explaining it. It just made people madder and madder and madder because — and I understand it, because they think Trump’s different. Trump’s the guy that’s gonna change all this age-old stuff we used to never do. Now, I was not saying that I didn’t think Obama should face the music. I just said I don’t think it is ever gonna happen — and then, shortly after that, Bill Barr came out said exactly what I said.

That made Trump mad, because Trump is sitting here thinking that he’s gonna get action on this, and Bill Barr comes out and says, “No, I don’t think President Obama,” and was there one other person. It might have been Comey. “I don’t think that President Obama…” No, it was Biden. “We’re not gonna prosecute Biden or Obama for this. I — I — I don’t see that as happening,” and that just infuriated people more.

So there’s this op-ed by Frank Miele, who is also livid about it and has an alternative way of doing it. “Trump Must Name a Special Counsel on Obamagate,” and I, frankly, love this, because I think that these people ought to get exactly what they dished out. I think they ought to get an endless investigation. I think investigation ought to be stacked with a bunch of Republicans who don’t like Obama.

Just replicate everything.

Maybe not that, because that’s what Mueller did, and it was obviously a stacked deck. But here’s how his piece begins. I’ll just share with you some relevant pull quotes. “The unravelling of the Obama administration’s Russia Hoax sped up exponentially in the last two weeks, as the case against Lt. Gen. Michael Flynn collapsed and the acting director of national intelligence declassified Obama-era documents that revealed a concerted effort to undermine the incoming Trump administration.

“But despite substantial evidence of malfeasance by not just President Obama, but also by … James Comey and Susan Rice … among others, there is growing concern that nothing will ever happen to bring to justice the conspirators in what President Trump calls Obamagate. That concern was highlighted last week by Attorney General William Barr’s pronouncement that both Obama and former Vice President Joe Biden were off-limits.”

That’s what Barr said. “‘As to President Obama and Vice President Biden, whatever their level of involvement, based on the information I have today, I don’t expect Mr. Durham’s work will lead to a criminal investigation of either man,’ Barr said regarding U.S. Attorney John Durham’s investigation into the origins of” Crossfire Hurricane. “‘Our concern over potential criminality is focused on others.'”

Well, this is the point of the column where Mr. Miele loses it. “So just hold on a minute,” he writes. “Obama and Biden could get off scot-free ‘whatever their level of involvement’? Why is that? And if the attorney general is afraid to look at wrongdoing at the highest level, how can he be expected to put the Constitution first?” and that is a legitimate question.

“[I]f the attorney general is afraid to look at wrongdoing at the highest level, how can he be unexpected to put the Constitution first?” Look, Barr is not afraid of doing it. He just… I’m telling you, it’s just one… Look, they didn’t go prosecute Nixon, and Gerald Ford even pardoned him — or would have. I forget. But even then, they didn’t. As long as Nixon agreed to leave, that was it, and they get to continue to roast him as though he were a criminal every day for the rest of his life.

“Barr used the excuse that he is protecting our electoral integrity by making sure that politics stays out of criminal investigations. ‘The legal tactic has been to gin up allegations of criminality by one’s political opponents based on the flimsiest of legal theories,’ Barr said. ‘This is not good for political life, and it’s not good for the criminal justice system. And as long as I’m attorney general, the criminal justice system will not be used for partisan political ends.’

“That’s sure [as hell] convenient for Biden, coming at the end of three years when partisan politics led to the phony Russia collusion investigation against President Trump, followed by a separate political hit job in the form of the Ukraine-phone-call impeachment hoax. But seeking the truth should be neither partisan, nor political. It should be the essential ingredient of criminal justice, as well as public life.”

Seeking the truth “should be the essential ingredient…”

“Barr, however, apparently thinks that the American people do not deserve to have the truth before they choose between Biden and Trump in November. ‘We live in a very divided country right now, and I think it’s critical that we have an election where the American people are allowed to make the choice between President Trump or Biden based on robust debate of policy issues,’ he said. ‘Can’t allow this to be hijacked by efforts to drum up criminal investigations of either candidate.'”

Although we were perfectly fine doing that for two years of Trump leading up to the 2018 midterms! Oh, yeah, we could assume that Trump was a criminal where all we needed was the evidence and that it was there, it was just a moment’s notice away. You don’t think we lost the 2018 midterms because of this? A bunch of fleabag Republicans believed it and quit. They retired. I can’t tell you how many Republicans starting on Inauguration Day 2017 thought Trump did it.

It’s why the first six months of his administration got nothing done because the Republicans were waiting for Trump to go to jail. The speaker of the House, Paul Ryan, and any number of these people, they bought it. It was one of the most disappointing periods that I’ve ever had watching and observing politics, to see these Republicans not even get what was being done to them!

It was like they were totally ignorant of who their political opponents are — the Democrats, the liberals — and what they’re capable of. It was mind-bogglingly obtuse! But they did. They thought Trump was gonna go. They thought he was gonna be found guilty. They thought — and if not that, they let Trump was gonna be forced out, and many of them wanted him forced out, don’t forget.

Republicans we’re talking about it. Now, this last paragraph: “We live in a divided country. I think it’s critical…” This is Barr speaking. “I think it’s critical that we have an election where the American people are allowed to make the choice between President Trump or Biden based on robust debate of policy issues.” The writer here, Mr. Miele, says, “That rhetoric is totally irresponsible.

“Debate on policy issues is not the only factor in an election, and if Barr is deferring investigations or declining prosecutions because of political concerns, then that is eerily reminiscent of how the Obama Justice Department (in the form of Comey’s fiat) gave a pass to Hillary Clinton in 2016 because she was running for president.”

Remember? Comey lists every crime that he knows that she’s committed and then says, “But we’re not gonna prosecute,” when it wasn’t his decision to make. “We’re not gonna prosecute because no reasonable prosecutor out there would ever pursue these kinds of charges because Mrs. Clinton didn’t intend to do what she did.” Remember that?

Mr. Miele points out, this is “totally irresponsible.” We’ve done exactly what Barr says he’s afraid of doing, and we’re about to do it again. We’re gonna give the same people a pass for the same reasons. “Whether Biden is guilty or innocent of participation in a plot against Trump, we deserve to have the investigation carried out now, so that we can make fully informed decisions as voters.”

Tom Fitton of Judicial Watch “said that the latest pronouncement by Barr had proven that ‘the Justice Department ain’t gonna do justice,’ so it is up to Trump ‘to appoint a special counsel outside the Justice Department to figure out if any prosecutions need to be pursued.'” When Fitton was challenged “to name anyone who could be trusted to act as special counsel” in Washington right now…

This a good question. If you’re gonna have a special counsel looking into this — and I would wholeheartedly support it, by the way — who do you pick? You go back to Robert Mueller, Mr. Integrity? No. Where do you go? Fitton said the only person he could think of is Sidney Powell, the lawyer for Michael Flynn who has shaken up the entire courtroom of Emmet Sullivan. Well, I can think of some others.

You know who I think would be a great special counsel? Andrew McCarthy. I think Andrew McCarthy as a special counsel here would be like putting Arnold Palmer as the captain of the Ryder Cup team. I think you couldn’t reach any higher level of integrity or honesty and unimpeachable judicial independence. Whatever McCarthy ended up reporting, everybody would believe it.

He has earned that kind of reputation.

He is a former U.S. attorney in the Southern District of New York. He successfully prosecuted the Blind Sheikh. He’s only got one little black mark on his resume, and that is he used to be friends with Fitzgerald, the guy that sent Scooter Libby away. (I’m joking about the black mark. Andy’s a friend. I can say what I want.) But I’m telling you…

Sidney Powell would be great, too, but I’m telling you that McCarthy would be an ideal choice. He understands like nobody in that town what the Russia collusion kerfuffle was really all about. He knows how high it went. He knows the FISA abuse. He knows without doing an investigation what happened.

“More importantly, in the event that Trump were defeated in November…” Listen to this. If “Trump were defeated in November, the incoming Democratic president would almost certainly shut down any ongoing investigations by the Justice Department into Obama, Biden, Comey, former CIA Director John Brennan or former Director of National Intelligence James Clapper.

“The only chance to make sure that politics plays no role in the investigation is to appoint a special counsel, who would proceed without regard to the outcome of the upcoming election. This is really the only hope for getting to the truth.” Then he has a couple paragraphs about Lindsey Graham and how he’s all huff and puff but no action. He’s promising this, promising that but nothing ever happens.

He says, “In order to assure moral justice, President Trump must also appoint a separate special counsel to investigate Biden for his self-confessed role in bribing the president of Ukraine back in 2016.” You remember the story. A prosecutor was looking into Biden’s kid, and Biden said, “You better fire that prosecutor looking into my kid or you’re not gonna get a billion dollars we promised you! If you don’t believe me, call Obama. He’ll tell you.”

So they fire the prosecutor and Biden comes back, does an appearance to Council on Foreign Relations, and starts bragging about how he got the prosecutor fired. He was laughing about it, and everybody in the room is applauding how Biden did it — and later, they try to impeach Trump for looking into this.

“So where does that leave us? According to recent polls, Biden stands a strong chance of defeating President Trump on Nov. 3. If he does, then wouldn’t it be entirely fitting that the first two years of [Biden’s] presidency should be tainted by a special counsel probe, followed by an impeachment trial over [Biden and his kid’s] interference in Ukraine’s internal affairs?”

So there. What do you think of that? Appoint a special counsel to look into this or not?