Trump’s ‘Perjury Trap’: Confessing to Obstruction of Justice or Lying About It

Rudy Giuliani tells Axios that his client, President Trump, is currently willing to speak to Special Counsel Robert Mueller on the condition that he not be asked about two subjects: why Trump fired FBI director James Comey, and what Trump said to Comey about the investigation of former national security adviser Michael Flynn.

You might wonder if the specificity of this demand sounds just a wee bit suspicious, as if Trump’s lawyers are pointing frantically at a locked door at a crime scene and shouting “Don’t go in there!” You would be right.

.. The Russia scandal has followed an eerily similar fact pattern to Watergate. Both cases feature as the central underlying crime the burglary of private files from the Democratic National Committee in order to give Republicans an advantage in a presidential campaign. Both cases also feature the president leaning on the FBI to quash an investigation that might connect the burglary to the president and his inner circle.

..  We are accustomed — not only by Watergate but by every criminal or detective drama — to expect evidence to mount to a crescendo over time. Nobody knows quite how to respond to the spectacle of a president committing high crimes and misdemeanors in his first few weeks in office, and then simply confessing to them casually in a subsequent television interview.

.. A perjury trap is a real thing. The term describes when prosecutors lure a witness into giving false testimony, usually for reasons other than covering up a crime, knowing they can prove the claim was false, and then nail them for perjury.

.. The impeachment of President Clinton was a classic perjury trap. Special Prosecutor Ken Starr asked the president about an affair with Monica Lewinsky, knowing Clinton — like most people who have affairs, especially politicians — would lie about it.

.. Asking Trump about his attempt to manipulate his FBI director is not a perjury trap. The question is not extraneous to a crime, it is a crime. He was very consciously attempting to stop an investigation into his administration. The mere fact that his lawyers are discussing it well in advance indicates that the subject matter is not a perjury trap, because the “trap” aspect involves the witness not knowing beforehand that the question is designed to produce a lie.

Trump’s lawyers have presumably concluded that they have no defense of his obstruction of justice. Faced with a choice between admitting to obstruction of justice, or denying it and risking perjury, Trump’s choice is to avoid the question altogether.

The rape allegation against Bill Clinton, explained

But it’s not just Lewinsky. Jones, a former Arkansas state employee, sued Clinton during his presidency for allegedly exposing himself to her when he was governor in 1991. Kathleen Willey claims that Clinton fondled her breast and forced her hand on his crotch in the Oval Office in 1993, when she was a White House volunteer.

Most seriously of all, Juanita Broaddrick claims that Clinton raped her during his 1978 campaign for Arkansas governor.

.. “As gross and cynical and hypocritical as the right’s ‘what about Bill Clinton’ stuff is, it’s also true that Democrats and the center left are overdue for a real reckoning with the allegations against him.”

.. And indeed, the Juanita Broaddrick case is the hardest one for admirers of Bill Clinton. Her allegation has never been definitively refuted. Only she and Bill Clinton know what the truth of the matter in the case is. But if one generally believes it’s important to believe the victim, it’s hard to argue that this case should be an exception.

.. Once she was at a hotel in Little Rock, she claims Clinton told her that he wasn’t going to the campaign headquarters and offered to meet her in her hotel lobby coffee shop instead. Once he arrived, she says he called her room and suggested that they have coffee there, since the lobby had too many reporters.

.. As she tells the story, they spent only a few minutes chatting by the window — Clinton pointed to an old jail he wanted to renovate if he became governor — before he began kissing her. She resisted his advances, she said, but soon he pulled her back onto the bed and forcibly had sex with her. She said she did not scream because everything happened so quickly. Her upper lip was bruised and swollen after the encounter because, she said, he had grabbed onto it with his mouth.

“The last thing he said to me was, ‘You better get some ice for that.’ And he put on his sunglasses and walked out the door,” she recalled.

..  Norma Rogers, who was director of nursing at Broaddrick’s nursing home at the time, told reporters that she entered the hotel room shortly after the assault allegedly took place, and “found Mrs. Broaddrick crying and in ‘a state of shock.’ Her upper lip was puffed out and blue, and appeared to have been hit.

..  Clinton called her nursing home a half-dozen times that year, getting through once and asking when she was going to be back in Little Roc

.. In 1984, she claims she got a letter from Clinton after her nursing home was recognized as one of the top facilities in the state, with a handwritten note saying, “I admire you very much.” She interpreted that as a thank you for her silence.

.. in 1991, she says she saw Clinton outside a meeting on nursing home standards in Little Rock, and that he said he wanted to apologize to her, and asked what he could do to make things right. She recalls saying “nothing,” and walking away.

.. About six months after her initial interviews in 1999, Broaddrick told the Drudge Report that mere weeks after the alleged assault, Hillary Clinton had tried to thank her for her silence on the matter at a political rally:

..  She caught me and took my hand and said ‘I am so happy to meet you. I want you to know that we appreciate everything you do for Bill.’ I started to turn away and she held onto my hand and reiterated her phrase — looking less friendly and repeated her statement — ‘Everything you do for Bill’. I said nothing. She wasn’t letting me get away until she made her point. She talked low, the smile faded on the second thank you. I just released her hand from mine and left the gathering.”

.. She only came forward after she was interviewed by Independent Counsel Kenneth Starr’s office and her allegation leaked.

.. NBC News reporter Lisa Myers pursued her for nearly a year before she agreed to an interview, and that she came forward because she wanted to rebut false rumors circulating after her statements to prosecutors (like that David Broaddrick had accepted hush money from the Clintons in exchange for silence).

..  Blumenthal argues, she “had no standing as a reliable witness.” That’s one interpretation. But it often takes a while for rape accusers to come forward, so Broaddrick’s initial unwillingness to relay the allegation is hardly airtight proof she’s lying.

.. This assertion, that a “true” rape victim would cut off all contact with their rapist, is rather misleading and pernicious, and maintaining contact with an alleged assailant is hardly proof that a victim is lying. “It is common for victims to maintain contact with their abusers because they may still feel affection for them even though they hate the abuse,”

.. “It is also common for some victims to maintain contact in an attempt to regain control over their assault. Others may maintain contact in an attempt to regain a feeling of normalcy.”

.. “Privately, Clinton’s lawyers have conceded that Clinton may have had consensual sex with Broaddrick but insist that he would have never forced himself upon an unwilling participant.”

.. she says she was traumatized and blamed herself for what happened. “I felt responsible. I don’t know if you know the mentality of women and men at that time. But me letting him come to my room? I accepted full blame.”

 

Bill Clinton’s Me Too Reckoning

But time after time, Clinton has spun the Lewinsky thing into a story about how he was treated unfairly during this thing that simply occurred while he was president.

This is how he put it in his “do-over” interview with Stephen Colbert: “But the important thing is, that was a very painful thing that happened 20 years ago, and I apologized to my family, to Monica Lewinsky and her family, and to the American people.”

He uses a version of this locution all of the time. The scandal was a thing that “happened” as if he was not the author of it. It reminds of that scene in Diner where Steve Guttenberg (“What an actor!” — The Stonecutters) makes his fiancée take a football-trivia test to prove she’s worthy of marriage. If she fails, Gutenberg explains, “it’s out of my hands.”

..For Clinton — both of them — all of his or her misdeeds were scandals because other people, nefarious forces, Comstocks and prudes, vast right-wing conspiracies, talk-radio critics, et al., unfairly turned them into scandals. For Clinton, the real story of the impeachment drama was that he did nothing wrong. “I did the right thing,” he said. “I defended the Constitution.”

..  I particularly enjoyed when Bill snapped, “You think President Kennedy should have resigned? Do you believe President Johnson should have resigned?”

This is precisely the argument Clinton used on Donna Shalala and the rest of his cabinet the day after he publicly admitted he’d been lying — and had forced his cabinet to lie

.. When Bill Clinton had to “apologize” to his cabinet for playing baron-and-the-milkmaid with an intern and lying about it, he asked if anybody had a problem with it. Donna Shalala foolishly assumed he was being sincere. She chimed in and said she had a problem. He berated her for her effrontery, explaining that her prudish standards would have prevented JFK from being president. And while those of us not ensorcelled by the cult of that charismatic mediocrity might respond, “Yeah, so?” this was a debate-settling argument for many liberals.

Correct me if I’m wrong, but I was under the impression that the whole premise — right or wrong (I think right) — of the Me Too movement is that being powerful or even doing good things professionally is no excuse for piggish, exploitative, or abusive behavior. Clinton’s rhetorical question about Kennedy and Johnson proves that he doesn’t actually agree with the Me Too movement. Or, to be more accurate, he agrees with it — so long as it doesn’t apply to him. Which is just about the purest distillation of Clintonism — in both its Bill and its Hillary strains — you could come up with.

.. If we are to take Me Too seriously, then surely, say, Juanita Broaddrick deserves a hearing, no?

.. focusing entirely on the Lewinsky stuff was a great favor to Clinton, because it allowed him to cite polls and offer his bovine-turd-taco claim that he was “defending the Constitution.”

.. I think Bill Clinton is partly correct when he says the press is “frustrated because they’ve got all these serious accusations against the current occupant of the Oval Office, and his voters don’t seem to care.” It’s not just the current occupant of the Oval Office — but it seems obvious to me that the liberal punditocracy would not be turning on Clinton so much if he weren’t inconvenient to the anti-Trump narrative.

.. Turning the Miss America Pageant into a contest to find the most confident, woke, and earnest young woman regardless of her looks strikes me as a silly idea, along the lines of Burrito Brothers getting into the heating and insulation business.

.. More to the point, the charge that Miss America “objectified” women never bothered me much. The point of beauty pageants is to judge beauty. That’s how they started. Judging people on their earnest wokeness is why we have Oberlin.

.. it seems that a lot of the people who like to mock and belittle “science deniers” and “creationists” are the very same people who insist (hetero)sexual desire, beauty, etc. are entirely socially constructed.

.. If there is a single industry in all of Christendom that does more to treat women as sexual objects without meaningful agency or dignity, it’s the porn industry and, relatedly, strip clubs. Yeah, yeah, I get that Stormy Daniels is an assertive, independent businesswoman. And, as I am not a close student of Stormy Daniels’s particular contributions to this oeuvre, it may be the case that Dripping Wet Sex IV is full of empowering messages for women, but I’ll remain skeptical until I review the evidence.

Why Not Mike Pence?

our first openly Hefnerian president gets impeached

.. If Trump were impeached and removed from the White House, the presidency would devolve to precisely the kind of man whom much of pre-Trump religious conservatism insisted that it wanted in the Oval Office: an evangelical Christian family man with a bluenose’s temperament and a boring Reaganite checklist of beliefs.

.. evangelical leaders currently fretting about Trump’s political position would face a case where doing the consistent thing — namely, returning to their Bill Clinton-era position that character counts in presidents and using illegal means to conceal gross infidelities are impeachable offenses — would actually deliver something closer to what they claimed to want, not so very long ago: not a liberal in the White House, but President Mike Pence.

.. We do not have a parliamentary system where party leaders fight internal battles and get replaced by their internal rivals on the regular; instead, we elect a quasi-monarch, whose removal seems as traumatic as a regicide. And thus party loyalists tend to identify with their leaders the way royalists identify with their kings, and regard the prospect of impeachment not as an opportunity for a change of leadership but a revolutionary threat.

.. Sure, making use of Donald Trump to keep Hillary Clinton from being president is a fascinating flourish by history’s Author, but the idea that the Almighty might use a porn star to make Mike Pence president represents, if anything, an even more amazing miracle.
.. So anyone interested in looking for the hand of God in history should probably welcome that miracle’s arrival
.. That God is using Trump not as an agent of his good work but as a kind of ongoing test of everyone else’s moral character seems like a not-unreasonable inference to draw.

.. And for those same religious conservatives to pass up the chance, preferring a scorched-earth battle in defense of priapism, would be a sad confirmation of the point that a beloved Christian author made many years ago: The doors of hell are locked on the inside.