Trump Attorneys Lay Out Arguments Against Obstruction-of-Justice Probe to Mueller

In meetings and memos, lawyers argue president didn’t obstruct justice by firing former FBI Chief Comey

Another memo submitted the same month outlined why Mr. Comey would make an unsuitable witness, calling him prone to exaggeration, unreliable in congressional testimony and the source of leaks to the news media, these people said.

.. Mr. Trump has given conflicting reasons as to why he dismissed Mr. Comey. At first, he said it was in response to advice from Deputy Attorney General Rod Rosenstein, who had concluded in a memo for the president that Mr. Comey was an ineffective leader.

Two days after the firing, Mr. Trump told NBC News that the decision to fire Mr. Comey was his alone and that when he did it, “I said to myself, I said you know, this Russia thing with Trump and Russia is a made-up story, it’s an excuse by the Democrats for having lost an election that they should have won.”

.. Legal experts agree the president can fire the FBI director at will. That doesn’t mean Mr. Trump could act with impunity if his intention was to interfere with the FBI’s Russia investigation, some said. “Many people do lawful acts for corrupt motives and are charged with the crime of acting corruptly,” said Paul Rosenzweig, who was a deputy to special counsel Kenneth Starr during his investigation of Mr. Clinton. Bribery is a classic example, Mr. Rosenzweig said: A Pentagon official, for instance, may have the authority to award a contract to a particular company but he can’t do so legally in exchange for a bribe.

.. The Mueller probe is also examining whether Mr. Flynn, a former adviser to the Trump campaign, played any role in obtaining Democratic presidential candidate Hillary Clinton’s emails from Russian hackers.

Shields and Brooks on GOP’s health care bill gridlock, Trump tweet backlash

The basic problem is that this is a bill that massively redistributes wealth to the rich.

Trump’s Super Pac attacked the most vulnerable member of his party

Brooks: It’s more than unhelpful.  Its a corruption of the public sphere.

Shields: He’s more engaged with Morning Joe than with Healthcare Policy

One of the things that may offend people is Mafioso extortionate behavior: using the National Inquirer to take down opponents.

Shields: this adds to the credibility of James Comey

I remember when Republicans got upset with Bill Clinton for not wearing a suit and tie in the Oval Office

 

The Justice Department Is Killing Trump

It is, in addition, a scandal born of Trump’s desperation to publicize information that is true and that a president is fully entitled to publicize — such as the facts that the president had been assured by the FBI director on multiple occasions that he is not a criminal suspect

.. True, his media-Democrat enemies cast every story in the worst possible light. But there’s always a story, isn’t there?

.. That is largely Trump’s doing. The tweet-tirades about phantom wiretaps (which undermined his credibility

.. The multiple conflicting explanations for Comey’s removal. The bizarre decision to meet Russian diplomats the day after Comey’s dismissal and, shamefully, to berate the former director in their presence. And, of course, more tweets, such as the self-destructive suggestion of a Watergate-resonant White House taping system (that almost certainly does not exist).

.. Four key decisions, three of them made after the president was inaugurated and the Justice Department came under his control, at least nominally, have done immense damage to his administration — in conjunction with Trump’s belief that fires are best doused with gasoline.

.. After his (self-induced) nightmare over the Hillary Clinton e-mails investigation, Comey was reluctant to announce that Trump was not a suspect; he feared that if Trump’s status later changed, he would have to correct his announcement

.. during congressional testimony, he made an unnecessary announcement about the Russia investigation that led the media to report, and much of the public to believe, that Trump was a suspect in possible crimes. Once he did that, it was unreasonable to refuse to correct this misimpression by publicly acknowledging that Trump was not a suspect.

.. It is all well and good to agitate over a “duty to correct,” but Comey glides past the more basic duty not to make gratuitous prejudicial statements in the first place.

1. The Flynn Investigation and Interrogation

because Kislyak, as an operative of a hostile foreign power, was under FBI surveillance, the bureau knew (and informed what the New York Times furtively described as “Obama advisers”) that Flynn had done nothing improper in these discussions — i.e., no quid pro quo involving a lifting of Obama-imposed sanctions

.. the Justice Department had the FBI interrogate him about the Kislyak conversations even though it had recordings of them and thus did not need Flynn’s input.

.. Reportedly, Flynn misled the FBI agents about whether sanctions had been discussed (just as he misled Vice President Mike Pence — which led to Flynn’s dismissal).

.. Still, there appears to have been no justification for considering him a suspect and interrogating him as such.

That is what led Trump, in the immediate aftermath of the painful decision to fire Flynn, to lean on Comey to drop the investigation. That, in turn, is the spark that lit the obstruction fire.

2. The Sessions Recusal

.. in overreaction to false allegations that he had perjured himself at the Senate hearing, Sessions bowed to media-Democrat demands and announced a recusal more sweeping than it needed to be.

.. Sessions was not consulted on Comey’s March 20 testimony. He was thus unable to direct the FBI director not to make a misleading announcement that suggested Trump was a suspect

3. Comey’s March 20 Testimony

(a) the FBI was conducting a counterintelligence investigation of the Russian government’s efforts to interfere in the election;

(b) this probe included “investigating the nature of any links between individuals associated with the Trump campaign and the Russian government, and whether there was any coordination between the campaign and Russia’s efforts”; and

(c) the FBI would further assess whether any crimes were committed.

.. The then-director began his statement by asserting that he had been “authorized by the Department of Justice” to make this announcement. As noted above, Sessions had by then recused himself, but Rosenstein was not yet confirmed — that would take another month. On March 20, the acting DAG was Dana Boente, a longtime prosecutor whom President Obama and his attorney general, Eric Holder, had appointed

.. It is hard to imagine that Sessions would have authorized Comey’s March 20 announcement – certainly not unless it acknowledged that Trump was not a suspect.

.. had the Justice Department refused to authorize this unnecessary and misleading announcement, Comey would probably still be FBI director, there would be no obstruction investigation, and the Russia counterintelligence probe might be winding down toward a finding that there had been no Trump campaign collusion.

4. Rosenstein’s Appointment of a Special Counsel

.. Rosenstein saw that he was being made the fall-guy for a decision

.. Having cultivated good relations on both sides of the aisle, Rosenstein had been confirmed by the Senate with overwhelming bipartisan support (94–6); suffice it to say, he is not the type to let Democratic hyperbole roll off his back.

.. making a counterintelligence probe the linchpin of a special-counsel investigation sets no practical limitations on the special counsel’s jurisdiction. Counterintelligence is an information-gathering exercise; it does not have the definitive parameters of a criminal investigation, which focuses on concrete factual scenarios in which indictable crimes have been committed.

.. Rosenstein’s flouting of the regulations means Mueller’s investigation is a fishing expedition. It is already straying far afield from suspicions about Trump collusion in Russia’s election-meddling — which, we need to remind ourselves, is the purported rationale for the probe

.. The probe’s focus has morphed from collusion to obstruction

.. Mueller has also broadened his scope to include the scrutinizing of financial activities of Trump associates, reportedly based on hunches about possible bribery and money-laundering. These, in turn, are based on the assumption that there was collusion

.. there are conflicts of interest that are apt to discredit the investigation, regardless of whether they technically require disqualification.

.. Rosenstein selected Mueller despite the latter’s close friendship with and professional ties to Comey. Now that obstruction is suddenly the focal point of the probe, Comey is clearly a central witness.

.. Mueller promptly made tin-eared hires: lawyers who, despite their impressive prosecutorial credentials, are Obama and Clinton donors. One of them, Andrew Weissmann, is also plagued by the scorched-earth reputation he developed as special prosecutor in the Enron investigation, particularly the infamous prosecution that destroyed the Arthur Andersen accounting firm — which Weissmann indicted on very thin proof for, yes, obstruction of justice . . . only to have the conviction thrown out by the Supreme Court.

.. the staffing decisions make it inevitable that much of the public will suspect prosecutorial bias even if all the lawyers perform responsibly.

.. President Trump can be an erratic and intemperate client

.. If the president has learned nothing else, it should be the importance of filling the Justice Department, and the rest of his administration, with his own appointees. To say the prior administration laid traps for him, and that he has blundered his way into them, is putting it mildly.

How Jeremy Corbyn Proved the Haters Wrong

Cast as an incongruous combination of incompetent beardy old man and peacenik terrorist sympathizer

.. Mrs. May came across as robotic and out of touch; she didn’t seem to like engaging with the press, much less the public. The more people saw of her, the more her ratings sank.

.. his quiet confidence, credibility and integrity — so refreshing at a time when politicians are viewed as untrustworthy careerists

.. Momentum, a grass-roots organization of Corbyn supporters, activated the party’s estimated 500,000 members — many of whom had joined because Mr. Corbyn was elected as leader — into canvassing efforts across the country, including, crucially, in up-for-grabs districts.

.. appearances that were swiftly turned into video clips and raced around the internet.

.. For decades, Labour has been resolutely centrist, essentially offering a slightly kinder version of neoliberal consensus politics.  .. this was what had caused the party’s slow decline, a hemorrhaging of support from its traditional working-class voters.

.. It was a hopeful vision for a fairer society, offered at a time when the country is experiencing wage stagnation and spiraling living costs

.. the Conservatives are now a maimed party with a discredited leader