Kavanaugh ally says he did not communicate with White House or Supreme Court nominee about theory of another attacker

Whelan’s claims on Twitter on Thursday evening that Ford might have been assaulted by someone else raised immediate questions about whether he had spoken to or coordinated with Republican leaders about his theory.

.. Whelan has been involved in helping to advise Kavanaugh’s confirmation effort and is close friends with Kavanaugh and Leonard Leo, the head of the Federalist Society, who has been helping to spearhead the nomination.

On Sunday, Ford noticed that — even before her name became public — Whelan appeared to be seeking information about her.

That morning, Ford alerted an associate via email that Whelan had looked at her LinkedIn page, according to the email, which was reviewed by The Post. LinkedIn allows some subscribers to see who views their pages. Ford sent the email about 90 minutes after The Post shared her name with a White House spokesman and hours before her identity was revealed in a story posted on its website.

.. A White House spokesman said Friday that neither Kavanaugh nor anyone in the White House gave Ford’s name to Whelan before it was disclosed by The Post.

.. After The Post contacted the White House for comment Sunday morning, deputy White House press secretary Raj Shah called a number of Trump allies to warn them about the upcoming story

.. He disclosed Ford’s identity to a number of these people but did not talk to Whelan

.. Other White House officials, including McGahn, also made calls

.. Kavanaugh and his allies have privately discussed mounting a defense that would not question whether an incident involving Ford happened, but instead would raise doubts that the attacker was Kavanaugh

.. Whelan also worked for the Senate Judiciary Committee from 1992 to 1995 as a senior staffer to Sen. Orrin G. Hatch (Utah)

.. Shortly after Ford went public with her allegations in an interview with The Post, conservatives began floating the idea that she was misremembering the night of the alleged attack — or mistaking the identity of her attacker.

.. “Somebody’s mixed up,” Hatch told CNN

.. “Mistaken identity is also possible,” the Wall Street Journal’s editorial board wrote Tuesday.

.. Whelan hinted throughout the week on Twitter that he was gathering information that would vindicate Kavanaugh and show Ford “got the wrong guy.”

On Thursday, Whelan posted detailed and unverified exhibits as he identified a possible location for the party where Ford said she was assaulted, including a map, floor plans and photos of a house in Chevy Chase and photos of a former Kavanaugh classmate at Georgetown Preparatory School. The theory was discussed on “Fox and Friends” and promoted by right-wing online media outlets such as Gateway Pundit.

.. Ford dismissed the notion that she had identified the wrong person, saying in a statement late Thursday that she knew both men and had “socialized with” the classmate and once visited him in the hospital.

“There is zero chance that I would confuse them,” she said in a statement.

.. On Twitter and in columns for National Review Online, Whelan has been one of Kavanaugh’s most active defenders, pushing back against those on the right who have suggested he is not sufficiently conservative.

.. Whelan is no stranger to controversy online, having apologized in 2009 for revealing the identityof pseudonymous blogger “Publius” and retracted a post in February 2017 arguing that “liberal judicial activism” contributed to the shooting death of a Whittier, Calif., police officer.

Why the Anonymous Trump Official’s Op-Ed in the New York Times Matters

In 1947, “Mr. X” wrote an extremely influential article, for Foreign Affairs, advocating a policy of containment toward the Soviet Union’s expansionist tendencies. Its author turned out to be the diplomat George Kennan, who was then the second-ranking official at the U.S. Embassy in Moscow. And, in 1996, Random House published “Primary Colors,” a thinly disguised roman à clef about Bill Clinton, by “Anonymous.” Less consequential than Kennan’s contribution, the novel nonetheless created a great deal of speculation about who its author was; it turned out to be the political journalist Joe Klein.

.. By nightfall on Wednesday, there were reports that White House officials were engaged in a frantic search for the culprit.

..  “scrutiny focused on a half-dozen names.”

.. the piece merely adds to what we already know about Trump’s character and the struggle of people around him to control his destructive tendencies.

.. it was reported that the Secretary of Defense, the Secretary of State, and the national-security adviser at the time—James Mattis, Rex Tillerson, and H. R. McMaster—had privately agreed to avoid being out of Washington at the same time.

.. There have been numerous reports about how Don McGahn, the outgoing White House counsel, tried to talk Trump out of firing James Comey and Jeff Sessions.

.. The real importance of the Op-Ed is that it corroborates these reports, provides a window into the mind-set of people who continue to work for Trump, and also reveals some intriguing details. “Given the instability many witnessed, there were early whispers within the cabinet of invoking the 25th Amendment, which would start a complex process for removing the president,”

.. Really? “Early whispers within the cabinet” of invoking the Constitution to oust the President? If this is true, it is information of enormous consequence, and leads to a series of further questions. Who was involved in these discussions, and how far did the whispers go?

.. The suggestion that at least some members of the Cabinet have talked about invoking these powers is new and shocking. But what does it mean to say that the whisperers didn’t want to precipitate a crisis? After all, the rest of the article makes clear that the crisis already exists and is deadly serious.

.. The head of state of the most powerful country in the world is someone whose own subordinates and appointees regard as unmoored, untrustworthy, and potentially dangerous.

.. “The root of the problem is the president’s amorality,” the Op-Ed says. “Anyone who works with him knows he is not moored to any discernible first principles that guide his decision making. . . . Meetings with him veer off topic and off the rails, he engages in repetitive rants, and his impulsiveness results in half-baked, ill-informed and occasionally reckless decisions that have to be walked back.”

.. “I have no respect for someone who would say these things—of whose truth I have no doubt—in an anonymous oped, rather than in a public resignation letter copied to the House Judiciary Committee.”

.. He or she has enflamed the paranoia of the president and empowered the president’s willfulness.”

.. These are legitimate concerns, but the larger one is that we have a menacing dingbat in the White House, and nobody with the requisite authority seems willing to do anything about it, other than to try to manage the situation on an ad-hoc, day-to-day basis. Perhaps this could be seen as a “Trump containment” strategy, but it falls well short of the systematic containment strategy that Kennan advocated, and, in any case, the Trumpkins, unlike the early Cold War strategists, are not necessarily dealing with a rational actor. Something more is surely needed.

 

‘Winter is coming’: Allies fear Trump isn’t prepared for gathering legal storm

President Trump’s advisers and allies are increasingly worried that he has neither the staff nor the strategy to protect himself from a possible Democratic takeover of the House, which would empower the opposition party to shower the administration with subpoenas or even pursue impeachment charges

.. The president and some of his advisers have discussed possibly adding veteran defense attorney Abbe Lowell, who currently represents Trump son-in-law and senior adviser Jared Kushner, to Trump’s personal legal team

..Trump announced Wednesday that

  1. Donald McGahn will depart as White House counsel this fall, once the Senate confirms Supreme Court nominee Brett M. Kavanaugh. Three of McGahn’s deputies —
  2. Greg Katsas,
  3. Uttam Dhillon and
  4. Makan Delrahim — have departed, and a fourth,
  5. Stefan Passantino, will have his last day Friday.

That leaves John Eisenberg, who handles national security, as the lone deputy counsel.

.. McGahn and other aides have invoked the prospect of impeachment to persuade the president not to take actions or behave in ways that they believe would hurt him, officials said.

Still, Trump has not directed his lawyers or his political aides to prepare an action plan, leaving allies to fret that the president does not appreciate the magnitude of what could be in store next year.

.. Trump attorney Rudolph W. Giuliani said he and the president have discussed the possibility that special counsel Robert S. Mueller III will issue a damning report to Congress.

.. If Democrats control the House, the oversight committees likely would use their subpoena power as a weapon to assail the administration, investigating with a vengeance. The committees could hold hearings about policies

  1. such as the travel ban affecting majority-Muslim countries and
  2. “zero tolerance” family separation, as well as on possible
  3. ethical misconduct throughout the administration or the Trump family’s private businesses.
..  “Assuming Democrats win the House, which we all believe is a very strong likelihood, the White House will be under siege. But it’s like tumbleweeds rolling down the halls over there. Nobody’s prepared for war.”
.. Trump has told confidants that some of his aides have highly competent lawyers such as Lowell, who represents Kushner, and William A. Burck, who represents McGahn as well as former White House chief of staff Reince Priebus and former White House chief strategist Stephen K. Bannon.
“He wonders why he doesn’t have lawyers like that,” said one person who has discussed the matter with Trump.
Another adviser said Trump remarked this year, “I need a lawyer like Abbe.”
Giuliani said that he has not heard of Trump considering adding Lowell to the team but that he would be a great choice because of his thorough and aggressive style.

“This president might like that better,” Giuliani said. “If he thinks someone isn’t being tough enough, he has a tendency to go out to defend himself. And that’s not good.”

.. “I would think that the type of lawyer most able to handle the impeachment scenario would be someone from the appellate and Supreme Court bar — someone of the Ted Olson or Paul Clement or Andy Pincus level, someone who knows how to make the kind of arguments should it come to a vote in the Senate,” Corallo said.

.. Emmet Flood, a White House lawyer and McGahn ally who handles the special counsel’s Russia investigation, has long been considered a top prospect to replace McGahn.

.. Flood, often described as a lawyer’s lawyer, is in many ways the opposite of Trump and Giuliani, yet the president has told advisers he is impressed by Flood’s legal chops and hard-line positions defending the prerogatives of the White House.

.. White House aides, including deputy chief of staff Johnny ­DeStefano and political director Bill Stepien, have tried to ratchet down Trump’s expectations for the elections, saying that projections look grim in the House.

.. Another concern is that the White House, which already has struggled in attracting top-caliber talent to staff positions, could face an exodus if Democrats take over the House, because aides fear their mere proximity to the president could place them in legal limbo and possibly result in hefty lawyers’ fees.

“It stops good people from potentially serving because nobody wants to inherit a $400,000 legal bill,” said another Trump adviser.

.. the West Wing staff is barely equipped to handle basic crisis communications functions, such as distributing robust talking points to key surrogates, and question how the operation could handle an impeachment trial or other potential battles.

Trump sees the administration as having a singular focus — him — and therefore is less concerned with the institution of the presidency and not aware of the vast infrastructure often required to protect it, according to some of his allies.

.. Jack Quinn, who served as White House counsel under Clinton, said his office had at least 40 lawyers and as many as 60 during key times.

.. “I appreciate that Rudy Giuliani is doing a lot of the public speaking and perhaps some other things,” Quinn said. But, he added, “it’s a little bit of a mystery to me who is doing the outside legal work.”

Trump Says He Allowed White House Counsel to ‘Fully Cooperate’ With Russia Probe

Rudy Giuliani, the president’s lawyer, said in an interview that Mr. Trump had urged Mr. McGahn to cooperate “because the president is confident that he’ll just tell the truth, and the truth reveals the situation in which the president didn’t do anything wrong.”

“Did he provide anything harmful? The answer is no he didn’t,” Mr. Giuliani said. Mr. Giuliani said if he himself were to interview with Mr. Mueller, “we’d be talking for three to four days. But there would be nothing in it that was harmful to the president.”

..  Last summer, while the investigation was under way, the president sought to fire Mr. Mueller, but backed off when Mr. McGahn said he would resign rather than carry out the order, a person familiar with the matter said.

.. Mr. McGahn was also on the receiving end of a warning in April to the president from Attorney General Jeff Sessions not to fire his deputy, Rod Rosenstein, who is overseeing the Mueller investigation. Mr. Sessions told Mr. McGahn that he would consider resigning if Mr. Trump fired his deputy, according to a person familiar with the message.

.. Mr. McGahn was also involved in conversations with the president as Mr. Trump moved to fire Mr. Comey in May 2017. Days before the firing, Mr. Trump dressed down Mr. McGahn and Steve Bannon, his chief strategist at the time, over Mr. Sessions’ decision to recuse himself from the Russia investigation two months earlier.

.. He is widely expected to leave the White House if and when Brett Kavanaugh, Mr. Trump’s nominee for the Supreme Court vacancy, is confirmed.

.. Mr. McGahn urged other members of the White House Counsel’s Office to use his attorney, according to a person familiar with the matter, a move that left the impression he wanted to ensure his office colleagues gave consistent accounts.