Mueller Examining Trump’s Tweets in Wide-Ranging Obstruction Inquiry

WASHINGTON — For years, President Trump has used Twitter as his go-to public relations weapon, mounting a barrage of attacks on celebrities and then political rivals even after advisers warned he could be creating legal problems for himself.

Those concerns now turn out to be well founded. The special counsel, Robert S. Mueller III, is scrutinizing tweets and negative statements from the president about Attorney General Jeff Sessions and the former F.B.I. director James B. Comey, according to three people briefed on the matter.

.. Several of the remarks came as Mr. Trump was also privately pressuring the men — both key witnesses in the inquiry — about the investigation, and Mr. Mueller is examining whether the actions add up to attempts to obstruct the investigation by both intimidating witnesses and pressuring senior law enforcement officials to tamp down the inquiry.

.. Trump’s lawyers said. They argued that most of the presidential acts under scrutiny, including the firing of Mr. Comey, fall under Mr. Trump’s authority as the head of the executive branch and insisted that he should not even have to answer Mr. Mueller’s questions about obstruction.

But privately, some of the lawyers have expressed concern that Mr. Mueller will stitch together several episodes, encounters and pieces of evidence, like the tweets, to build a case that the president embarked on a broad effort to interfere with the investigation. Prosecutors who lack one slam-dunk piece of evidence in obstruction cases often search for a larger pattern of behavior, legal experts said.

.. the nature of the questions they want to ask the president, and the fact that they are scrutinizing his actions under a section of the United States Code titled “Tampering With a Witness, Victim, or an Informant,” raised concerns for his lawyers about Mr. Trump’s exposure in the investigation.

.. “If you’re going to obstruct justice, you do it quietly and secretly, not in public,” Mr. Giuliani said.

.. federal investigators are seeking to determine whether Mr. Trump was trying to use his power to punish anyone who did not go along with his attempts to curtail the investigation.

.. Investigators want to ask Mr. Trump about the tweets he wrote about Mr. Sessions and Mr. Comey and why he has continued to publicly criticize Mr. Comey and the former deputy F.B.I. director Andrew G. McCabe, another witness against the president.

.. They also want to know about a January episode in the Oval Office in which Mr. Trump asked the White House counsel, Donald F. McGahn II, about reports that Mr. McGahn told investigators about the president’s efforts to fire Mr. Mueller himself last year.

.. Mr. Trump has navigated the investigation with a mix of public and private cajoling of witnesses.

.. Around the time he said publicly last summer that he would have chosen another attorney general had he known Mr. Sessions was going to recuse himself from the Russia investigation, Mr. Trump tried behind closed doors to persuade Mr. Sessions to reverse that decision. The special counsel’s investigators have also learned that Mr. Trump wanted Mr. Sessions to resign at varying points in May and July 2017 so he could replace him with a loyalist to oversee the Russia investigation.

.. Mr. Trump issued an indirect threat the next day about Mr. Comey’s job. “It’s not too late” to ask him to step down as F.B.I. director, he said in an interview with Maria Bartiromo on Fox Business Network. The special counsel wants to ask the president what he meant by that remark.

.. Mr. Sessions, his aide told a Capitol Hill staff member, wanted one negative article a day in the news media about Mr. Comey, a person familiar with the meeting has said.

.. By the fall, Mr. Comey had become a chief witness against the president in the special counsel investigation, and Mr. Trump’s ire toward him was well established. His personal attacks evolved into attacks on Mr. Comey’s work, publicly calling on the Justice Department to examine his handling of the Clinton inquiry — and drawing the special counsel’s interest.

.. Mr. Trump’s lawyers have pushed back against the special counsel about the tweets, saying the president is a politician under 24-hour attack and is within his rights to defend himself using social media or any other means.

.. The president continues to wield his Twitter account to pummel witnesses and the investigation itself, ignoring any legal concerns or accusations of witness intimidation.

 

Donald Trump Weighs Ending Security Clearances for Six Ex-Officials Who Have Criticized Him

White House says Trump could revoke clearances of ex-national security officials

President Donald Trump is considering revoking the security clearances of six former senior national security officials, the White House said Monday, moving to punish them for comments purportedly politicizing the investigations into Russian interference in the 2016 election.

“Making baseless accusations of improper contact with Russia or being influenced by Russia against the president is extremely inappropriate,” said White House spokeswoman Sarah Sanders, without specifying.

The threat, which national security analysts described as unprecedented, prompted concerns it was an effort by the president to silence critics.

“An enemies list is ugly, undemocratic, and un-American,” said Rep. Adam Schiff (D., Calif.), ranking member of the House Intelligence Committee.

Ms. Sanders told reporters that the administration is looking at the clearances of former Central Intelligence Agency Director John Brennan, former Federal Bureau of Investigation Director James Comey, former Director of National Intelligence James Clapper, former director of the National Security Agency and the CIA Michael Hayden, former national security adviser and U.N. Ambassador Susan Rice and former FBI Deputy Director Andrew McCabe.

Ms. Sanders said the individuals, many of whom are outspoken critics of the administration in the news media, lend “inappropriate legitimacy to accusations with zero evidence.”

.. Millions of Americans hold security clearances, needed for many government and private-sector jobs. The practice of having senior national security officials retain clearance after leaving government is longstanding and serves various functions, national security officials and analysts said.

National security officials often go on to work in the private sector, particularly at defense contractors, and need access to classified information to support the government. Former officials keep clearances to assist in ongoing criminal and national security investigations. The clearances offer continuity between administrations on intelligence and national security matters, and also would enable former officials to return to active service in a national emergency and offer expertise.

.. “There really isn’t that much precedent of removing clearance of former national security official unless they are indicted or convicted of some criminal offense,” said Evan Lesser, president of ClearanceJobs, a career website. “But ultimately the president does have the power to grant or revoke clearances really to whomever he wants.”

.. Mr. Clapper, on CNN, said, “This is kind of a petty way of retribution for speaking out against the president.”

A Higher Sanctimony

Comey’s memoir shows he is more like Trump than he cares to admit.

But Mr. Trump told an interviewer that he had fired Mr. Comey because the FBI chief wouldn’t say publicly that the FBI wasn’t investigating Mr. Trump. The President also threatened Mr. Comey with a false claim about Oval Office “tapes.” Mr. Comey responded by leaking documents that caused Mr. Rosenstein to name a special counsel, which has put Mr. Trump’s Presidency in mortal peril.

.. The main lesson from Mr. Comey’s book is that Mr. Trump’s abuse of political norms has driven his enemies to violate norms themselves.

.. The most notable fact in the book is how little we learn that is new about Mr. Trump.

.. Mr. Trump is preoccupied with his critics and the validation of his presidential victory. He is clueless that his bullying and flattery would repel Mr. Comey

.. The book mainly adds Mr. Comey’s moral and aesthetic contempt for Mr. Trump.

.. Mr. Comey’s comparison of Mr. Trump to a “mafia” boss is hilariously overstated. Don’t they call it “organized” crime? And what about that code of silence known as omerta? The Trump White House can’t keep anything secret.

.. Mr. Comey reveals in his excessive self-regard that he is more like Mr. Trump than he cares to admit. Mr. Trump’s narcissism is crude and focused on his personal “winning.” Mr. Comey’s is about vindicating his own higher morality and righteous belief.

.. He accuses Mr. Rosenstein of acting “dishonorably” by writing the memo describing how Mr. Comey mishandled the Clinton probe. Yet he barely engages Mr. Rosenstein’s arguments, which quoted from former Justice officials of both parties. Mr. Rosenstein wrote that Mr. Comey was “wrong to usurp” the authority of Attorney General Loretta Lynch and wrong to “hold press conferences to release derogatory information” about Mrs. Clinton.

That mistake made Mr. Comey feel obliged to intervene again in late October—this time to announce the reopening of the probe in a way that helped Mr. Trump. Had Mr. Comey followed Justice protocol in July, he would not have had to make himself the issue in October, damaging the reputation of the FBI and Justice in the bargain.

.. This has been the habit across Mr. Comey’s career, though you’ll find no mention in his memoir of Steven Hatfill, the government scientist he wrongly pursued for years as the anthrax terrorist; or Frank Quattrone, the Wall Street financier he prosecuted twice for obstruction of justice only to be rebuked by an appeals court; or Judith Miller’s recantation of her testimony against Scooter Libby.

Mr. Comey has also had little to say so far about the controversy over the Steele dossier and his handling of the Russian investigation of Mr. Trump. Did he know that the dossier was commissioned by Democrats for the Clinton campaign? He also has nothing to say about the dismissal of his former FBI deputy, Andrew McCabe, for “lack of candor.”

Mr. Comey is getting his moment of revenge as much of the press revels in the attacks on Mr. Trump. Yet his career, reinforced by his memoir, is a case study in the perils of the righteous prosecutor. It also shows why Mr. Comey’s view of the FBI as “independent” of supervisory authority is wrong and dangerous. A presidential bully who abuses power needs to be checked, but so does an FBI director who turns righteousness into zealotry.

McCabe is said to have written memos detailing his interactions with Trump

Former FBI official Andrew McCabe memorialized his interactions with President Trump in contemporaneous memos, two people familiar with the case said, and they could become a key piece of evidence in special counsel Robert S. Mueller III’s probe.

.. The memos could help bolster McCabe’s credibility, insulating him from allegations that he misstated or misremembered his interactions with Trump. On Friday, McCabe was fired from the FBI, about 26 hours before he was set to retire

.. Trump, during an Oval Office meeting in May, had asked McCabe who he voted for in the 2016 election, then vented about hundreds of thousands of dollars in political donations that McCabe’s wife had received.

.. Trump renewed some of those complaints on Saturday, writing in a tweet, “The Fake News is beside themselves that McCabe was caught, called out and fired. How many hundreds of thousands of dollars was given to wife’s campaign by Crooked H friend, Terry M, who was also under investigation? How many lies? How many leaks? Comey knew it all, and much more!”

.. Comey wrote on Twitter just minutes after the Trump’s tweet, “Mr. President, the American people will hear my story very soon. And they can judge for themselves who is honorable and who is not.”

.. Comey is set to release a book next month, “A Higher Loyalty: Truth, Lies and Leadership,”

.. McCabe told CNN in an interview in advance of his firing that Trump was focused on his wife’s campaign and alleged there were at least four times where Trump called it a “mistake” or “problem,” or branded his wife a “loser.” McCabe said he told the president he himself had not voted in the 2016 election.

.. The president would later say in a television interview that he was thinking of “this Russia thing with Trump” when he decided to remove Comey.

.. The move will likely cost McCabe significant retirement benefits, because he could not retire Sunday, when he turns 50.