Neil Gorsuch Speech at Trump Hotel Raises Ethical Questions

Justice Neil M. Gorsuch, President Trump’s Supreme Court appointee, is scheduled to address a conservative group at the Trump International Hotel in Washington next month, less than two weeks before the court is set to hear arguments on Mr. Trump’s travel ban.

Stephen Gillers, an expert on legal ethics at New York University, questioned the justice’s decision to speak at the hotel, which is at issue in lower-court cases challenging the constitutionality of payments to Mr. Trump’s companies.

.. “It’s a terrible signal for this group to be holding their meeting at the Trump International Hotel and for a Supreme Court justice to legitimate it by attending,” she said. “It just violates basic ethical principles about conflicts of interest.”

.. Appearances by justices before groups with political leanings are not unusual. Justices Ruth Bader Ginsburg, Stephen G. Breyer and Sonia Sotomayor, all members of the court’s liberal wing, have spoken before the American Constitution Society, a liberal group.

.. On the other hand, Justices Clarence Thomas and Samuel A. Alito Jr., members of the court’s conservative wing, have addressed the Federalist Society, a conservative group.

There is very little crossover. “I could find no record of a sitting liberal Supreme Court justice addressing the Federalist Society annual meeting or a sitting conservative Supreme Court justice addressing the American Constitution Society annual meeting,” Richard L. Hasen, a law professor at the University of California, Irvine, wrote in a 2016 study.

He used to rule Germany. Now, he oversees Russian energy companies and lashes out at the U.S.

For seven years, Gerhard Schröder was the leader of the most populous democracy in Western Europe. He modernized the country’s social security system, angered George W. Bush by refusing to participate in the invasion of Iraq and was only narrowly ousted in an election defeat to Angela Merkel in 2005. Schröder could have easily spent the rest of his career as an elder statesman, attending summits and writing books.

Instead, Schröder — a friend of Vladimir Putin who has defended Moscow’s top man as a “flawless democrat” — opted for a career in the Russian business world.

Schröder has spent much of the past decade working for the Russian energy industry, serving as a board member of several consortia in which Russian-government-controlled energy company Gazprom is either the majority or sole shareholder

.. At a time when Russian business connections among members of Trump administration have come under growing scrutiny, Schröder’s case stands out as the perhaps most blatant example of a Western politician having conflicts of interests when it comes to Moscow. “By becoming a well-paid official of a foreign, aggressive power he has damaged the reputation of the political class more than any other living politician,”

.. he went on to criticize the United States’ “monstrous” political influence, and he urged Germans to ignore Trump’s demands to spend at least 2 percent of GDP on defense. There was long applause for his remarks, which implied the need to improve relations with Russia.

.. Schröder’s renewed popularity among parts of the German left has also stunned conservatives, who are concerned about possible Russian election interference in September.

.. As chancellor, Schröder championed the North Stream pipeline deal with Russia. The German government pursued the offshore pipeline between Russia and Germany to cut energy costs and establish a reliable supply route, but the U.S. largely viewed it as a Russian attempt to make Europe more dependent on the Kremlin.

.. Fears in Washington over the pipeline date back to 2005, when Schröder hastily signed the deal during his last days in office. Then, just weeks after leaving politics, he began to oversee the implementation of the gas pipeline project himself — this time as a businessman in Russia and as the head of Nord Stream AG’s shareholder committee.

.. In 2014, at the height of the Ukraine crisis, Schröder celebrated his 70th birthday with Putin, sparking an international backlash. By opting for a post-politics business career in Russia, his critics said, Schröder had essentially chosen to join the Putin administration.

.. He’s also remembered as a “fighter with guts,” as Benner put it, for standing up to the U.S. during the Iraq War — something the Trump era may call for again.

.. Schröder’s rehabilitation also fits in with the traditional patterns of German politics. “Germans on the left and the far right have always had a weak spot for Moscow

.. “If Putin had not invaded Crimea and eastern Ukraine, many Germans would see him as a natural ally in times of transatlantic estrangement.”

.. With global confidence in the U.S. in free-fall due to the Trump administration’s policies, Schröder and other pro-Russian voices in Germany are finding it easier again to defend Putin, said Bierling — and so, too, are many Germans finding it easier to forgive and forget when it comes to their former leader.

No, Trump can’t pardon himself. The Constitution tells us so.

Can a president pardon himself? Four days before Richard Nixon resigned, his own Justice Department’s Office of Legal Counsel opined no, citing “the fundamental rule that no one may be a judge in his own case.” We agree.

The Justice Department was right that guidance could be found in the enduring principles that no one can be both the judge and the defendant in the same matter, and that no one is above the law.

The Constitution specifically bars the president from using the pardon power to prevent his own impeachment and removal. It adds that any official removed through impeachment remains fully subject to criminal prosecution. That provision would make no sense if the president could pardon himself.

.. a president may conclude that even if a person may have committed a crime, he was acting in good faith to protect the national interest; President George H.W. Bush pardoned former defense secretary Casper Weinberger in the Iran-contra affair in part for this reason.

.. President Trump thinks he can do a lot of things just because he is president. He says that the president can act as if he has no conflicts of interest. He says that he can fire the FBI director for any reason he wants.

.. In one sense, Trump is right — he can do all of these things, although there will be legal repercussions if he does. Using official powers for corrupt purposes — such as impeding or obstructing an investigation — can constitute a crime.

Citing Recusal, Trump Says He Wouldn’t Have Hired Sessions

President Trump said on Wednesday that he never would have appointed Attorney General Jeff Sessions had he known Mr. Sessions would recuse himself from overseeing the Russia investigation that has dogged his presidency, calling the decision “very unfair to the president.”

In a remarkable public break with one of his earliest political supporters, Mr. Trump complained that Mr. Sessions’s decision ultimately led to the appointment of a special counsel that should not have happened. “Sessions should have never recused himself, and if he was going to recuse himself, he should have told me before he took the job and I would have picked somebody else,” Mr. Trump said.

.. In a wide-ranging interview with The New York Times, the president also accused James B. Comey, the F.B.I. director he fired in May, of trying to leverage a dossier of compromising material to keep his job. Mr. Trump criticized both the acting F.B.I. director who has been filling in since Mr. Comey’s dismissal and the deputy attorney general who recommended it. And he took on Robert S. Mueller III, the special counsel now leading the investigation into Russian meddling in last year’s election.

Mr. Trump said Mr. Mueller was running an office rife with conflicts of interest and warned investigators against delving into matters too far afield from Russia.

.. Asked if Mr. Mueller’s investigation would cross a red line if it expanded to look at his family’s finances beyond any relationship to Russia, Mr. Trump said, “I would say yes.” He would not say what he would do about it. “I think that’s a violation. Look, this is about Russia.”

.. In the interview, Mr. Trump said he believed Mr. Comey told him about the dossier to implicitly make clear he had something to hold over the president. “In my opinion, he shared it so that I would think he had it out there,” Mr. Trump said. As leverage? “Yeah, I think so,’’ Mr. Trump said. “In retrospect.”

.. Mr. Comey testified before Congress that he disclosed the details of the dossier to Mr. Trump because he thought that the media would soon be publishing details from it and that Mr. Trump had a right to know what information was out there about him.

.. Mr. Comey testified before Congress that Mr. Trump kicked the vice president, attorney general and several other senior administration officials out of the room before having the discussion with Mr. Comey.

.. “I don’t remember even talking to him about any of this stuff,” Mr. Trump said. “He said I asked people to go. Look, you look at his testimony. His testimony is loaded up with lies, O.K.?”

.. He noted that he actually interviewed Mr. Mueller to replace Mr. Comey just before his appointment as special counsel.

..  Talk about conflicts. But he was interviewing for the job. There were many other conflicts that I haven’t said, but I will at some point.”

.. The president also expressed discontent with Deputy Attorney General Rod J. Rosenstein, a former federal prosecutor from Baltimore.

.. “There are very few Republicans in Baltimore, if any,” he said of the predominantly Democratic city.

He complained that Mr. Rosenstein had in effect been on both sides when it came to Mr. Comey. The deputy attorney general recommended Mr. Comey be fired but then appointed Mr. Mueller, who may be investigating whether the dismissal was an obstruction of justice. “Well, that’s a conflict of interest,” Mr. Trump said. “Do you know how many conflicts of interests there are?”

.. As for Andrew G. McCabe, the acting F.B.I. director, the president suggested that he, too, had a conflict. Mr. McCabe’s wife, Jill McCabe, received nearly $500,000 in 2015 during a losing campaign for the Virginia Senate from a political action committee affiliated with Gov. Terry McAuliffe, who is close friends with Hillary and Bill Clinton.

.. But the president repeated that he did not know about his son’s meeting at the time and added that he did not need the Russians to provide damaging information about Mrs. Clinton.

“There wasn’t much I could say about Hillary Clinton that was worse than what I was already saying,” he said. “Unless somebody said that she shot somebody in the back, there wasn’t much I could add to my repertoire.”