The Daily 202: Fox fallout shows why Trump’s lawyers don’t want Mueller to get an interview

— The National Enquirer kept a safe containing damaging documents on hush-money payments and other stories that it killed on Trump’s behalf. The AP’s Jeff Horwitz reports: “Several people familiar with the National Enquirer’s parent company … said the safe was a great source of power for [Pecker]. The Trump records were stored alongside similar documents pertaining to other celebrities’ catch-and-kill deals … By keeping celebrities’ embarrassing secrets, the company was able to ingratiate itself with them and ask for favors in return. But after [Karen McDougal’s catch-and-kill deal was revealed], those assets became a liability. … Fearful that the documents might be used against American Media, Pecker and [Howard] removed them from the safe in the weeks before Trump’s inauguration … It was unclear whether the documents were destroyed or simply were moved to a location known to fewer people.”

.. The Enquirer’s efforts to kill negative Trump stories extended way beyond the 2016 campaign: “Former Enquirer employees who spoke to the AP said that negative stories about Trump were dead on arrival dating back more than a decade when he starred on NBC’s reality show ‘The Apprentice.’ In 2010, at Cohen’s urging, the National Enquirer began promoting a potential Trump presidential candidacy, referring readers to a pro-Trump website Cohen helped create. With Cohen’s involvement, the publication began questioning [Obama’s] birthplace and American citizenship in print.”

.. — The Manhattan district attorney’s office is also weighing possible criminal charges against the Trump Organization and two of its senior officials. The New York Times’s William K. Rashbaum reports: “A state investigation would center on how the company accounted for its reimbursement to Mr. Cohen for the $130,000 he paid to [Stormy Daniels] … [Two] officials stressed that the office’s review of the matter is in its earliest stages and prosecutors have not yet made a decision on whether to proceed. State charges against the company or its executives could be significant because Mr. Trump has talked about pardoning some of his current or former aides who have faced federal charges. As president, he has no power to pardon people and corporate entities convicted of state crimes.”

.. “Trump’s lawyers counseled the president against the idea of pardoning anyone linked to the investigation … saying Trump should at least wait until [Mueller] has concluded his probe.

.. Asked about a pardon, one senior White House official said: ‘What does it accomplish? You pardon him, it doesn’t get rid of the Mueller probe, it causes you more headaches, he still has another trial, you have more Republicans coming after you.’”

.. “Trump’s consideration of pardons, while he praises associates who don’t cooperate with investigations and help those who praise him, also could have a chilling effect, law enforcement officials said,”

.. ‘The president has not a whit of respect for institutions, whether it’s the DOJ or the Fed or the FBI,’ said one former senior administration official. ‘If you are a threat to him, he is going to try to kill you.’

.. Two powerful members of the Senate Judiciary Committee who have been shielding Sessions gave air cover for Trump to fire him after Fox aired the interview. This is significant because a new AG who is not recused from the investigation could oversee Mueller’s work and rein in his probe.

.. — Sen. Lindsey Graham (R-S.C.), who recently golfed with Trump, said it’s “very likely” that the president will oust Sessions but urged him to wait until after the midterms to do so. “The president’s entitled to an attorney general he has faith in, somebody that’s qualified for the job, and I think there will come a time, sooner rather than later, where it will be time to have a new face and a fresh voice at the Department of Justice,” Graham said. “Clearly, Attorney General Sessions doesn’t have the confidence of the president.” (Graham sung a different tune last July. “If Jeff Sessions is fired,” he said then, “there will be holy hell to pay.”)

.. — Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa) also shifted his position and announced he will now be able to find time to hold a confirmation hearing for a new attorney general this fall after the Supreme Court vacancy is filled. “Grassley said he was not advocating for a change at the Justice Department but simply responding to questions about timing,” Devlin Barrett, John Wagner and Seung Min Kim report. “Asked whether he still has confidence in Sessions, Grassley said: ‘Let’s put it this way, he’s a good friend.’

.. “Part of the disenchantment stems from a growing rift between Grassley and Sessions over Grassley’s legislation to change criminal justice policy. Sessions, whose views on law enforcement are shaped largely by 1980s-era mandatory-minimum sentences and harsh penalties for drug dealers, came out against the measure earlier this year, saying it ‘risks putting the very worst criminals back into our communities.’ Grassley has been willing to work with Democrats on legislation that would reduce prison sentences for some nonviolent drug offenders. He was furious that Sessions opposed his bill, one of his biggest legislative priorities… ‘It’s Grassley’s bill, and when the attorney general said he wouldn’t support it, Grassley said that was disloyal,’ said a person close to Sessions. ‘But … the attorney general isn’t going to be blackmailed.’”

Publisher of National Enquirer Subpoenaed in Michael Cohen Probe

Corporations are barred from making contributions to candidates under federal election law. If investigators find evidence that Mr. Cohen pressed American Media to buy Ms. McDougal’s story to protect Mr. Trump’s campaign, prosecutors could bring charges against Mr. Cohen, the company or both, legal experts said.

In such a case, prosecutors would have to prove Mr. Cohen coordinated with American Media to provide Mr. Trump something of value for the purpose of influencing the election, said Douglas Spencer, a professor of law and public policy at the University of Connecticut. Proving coordination would likely be the most difficult prong of such a case, he said.

.. Mr. Trump’s relationship with the National Enquirer stretches back decades. Tips about Mr. Trump poured into the tabloid after his television show “Celebrity Apprentice” took off in 2002, but the Enquirer turned away stories that could paint him in a bad light, two former American Media employees said.
.. Barry Levine, the National Enquirer’s executive editor until 2016, reminded them that Mr. Pecker wouldn’t allow it, these former employees said.
.. In time, AMI employees wouldn’t pitch any more critical articles about Mr. Trump, one of the ex-employees said, which is how Mr. Trump became known within the company as a “FOP,” or Friend of Pecker.