Rep. Steve King Rushes to Jeff Sessions’s Defense

Immigration hardliner Rep. Steve King (R-IA) penned an op-ed strongly in support of Jeff Sessions staying on as attorney general Friday, a day after his fellow conservative Reps. Jim Jordan (R-OH) and Mark Meadows (R-NC) called on Sessions to resign.
“Jeff Sessions is the right man, in the right place, at the right time, to restore respect for the Rule of Law after eight years of Obama’s destruction. He is already doing it. I look forward to him continuing to do so,” King concludes, after addressing Jordan and Meadows’s concerns.

Obstruction Inquiry Shows Trump’s Struggle to Keep Grip on Russia Investigation

.. the White House counsel, Donald F. McGahn II, carried out the president’s orders and lobbied Mr. Sessions to remain in charge of the inquiry

.. Mr. McGahn was unsuccessful, and the president erupted in anger in front of numerous White House officials, saying he needed his attorney general to protect him. Mr. Trump said he had expected his top law enforcement official to safeguard him the way he believed Robert F. Kennedy, as attorney general, had done for his brother John F. Kennedy and Eric H. Holder Jr. had for Barack Obama.

..Mr. Trump then asked, “Where’s my Roy Cohn?” He was referring to his former personal lawyer and fixer

.. The president’s determination to fire Mr. Comey even led one White House lawyer to take the extraordinary step of misleading Mr. Trump about whether he had the authority to remove him.

.. a false statement that the president dictated on Air Force One in July in response to an article in The Times about a meeting that Trump campaign officials had with Russians in 2016. A new book, “Fire and Fury: Inside the Trump White House,” by Michael Wolff, says that the president’s lawyers believed that the statement was “an explicit attempt to throw sand into the investigation’s gears,” and that it led one of Mr. Trump’s spokesmen to quit because he believed it was obstruction of justice.

.. Some experts said the case would be stronger if there was evidence that the president had told witnesses to lie under oath.

.. Regardless of whether Mr. Mueller believes there is enough evidence to make a case against the president, Mr. Trump’s belief that his attorney general should protect him provides an important window into how he governs. Presidents have had close relationships with their attorneys general, but Mr. Trump’s obsession with loyalty is particularly unusual

.. Mr. Sessions told Mr. McGahn that career Justice Department officials had said he should step aside, Mr. McGahn said he understood and backed down.

.. The lawyer, Uttam Dhillon, was convinced that if Mr. Comey was fired, the Trump presidency could be imperiled, because it would force the Justice Department to open an investigation into whether Mr. Trump was trying to derail the Russia investigation.

.. Stephen I. Vladeck, a law professor at the University of Texas School of Law, called the episode “extraordinary,” adding that he could not think of a similar one that occurred in past administrations.

“This shows that the president’s lawyers don’t trust giving him all the facts because they fear he will make a decision that is not best suited for him,” Mr. Vladeck said.

.. Mr. Trump unloaded on Mr. Sessions, who was at the White House that day. He criticized him for recusing himself from the Russia investigation, questioned his loyalty, and said he wanted to get rid of Mr. Comey. He repeated the refrain that the attorneys general for Mr. Kennedy and Mr. Obama had protected the White House.

.. In an interview with The Times last month, Mr. Trump said he believed that Mr. Holder had protected Mr. Obama.

.. Holder protected the president. And I have great respect for that, I’ll be honest.”

.. The attorney general wanted one negative article a day in the news media about Mr. Comey, according to a person with knowledge of the meeting.

.. White House officials have said the letter contained no references to Russia or the F.B.I.’s investigation. According to two people who have read it, however, the letter’s first sentence said the Russia investigation had been “fabricated and politically motivated.”

.. the president said the attorney general had been disloyal for recusing himself from the Russia investigation, and he told Mr. Sessions to resign.

Mr. Sessions sent his resignation letter to the president the following day. But Mr. Trump rejected it, sending it back with a handwritten note at the top.

“Not accepted,” the note said.

Why I’m Still a NeverTrumper

Tax cuts. Deregulation. More for the military; less for the United Nations. The Islamic State crushed in its heartland. Assad hit with cruise missiles. Troops to Afghanistan. Arms for Ukraine. A tougher approach to North Korea. Jerusalem recognized as Israel’s capital. The Iran deal decertified. Title IX kangaroo courts on campus condemned. Yes to Keystone. No to Paris. Wall Street roaring and consumer confidence high.

And, of course, Neil Gorsuch on the Supreme Court. What, for a conservative, is there to dislike about this policy record as the Trump administration rounds out its first year in office?

.. “The central conservative truth is that it is culture, not politics, that determines the success of a society,” said the late Daniel Patrick Moynihan.

.. And want to preserve your own republican institutions? Then pay attention to the character of your leaders, the culture of governance and the political health of the public. It matters a lot more than lowering the top marginal income tax rate by a couple of percentage points.

.. Or maybe you regret the failure to repeal Obamacare. But that had something to do with the grotesque insults Trump lobbed at John McCain, the man whose “nay” vote sank repeal.
.. Look at every other administration embarrassment (Scaramucci) or failure (the wall, and Mexico paying for it) or disgrace (the Charlottesville equivocation). Responsibility invariably lies with the president’s intemperance and dishonesty. That puts Republican control of Congress in play. It also risks permanently alienating a millennial generation for which the G.O.P. will forever be the party of the child-molesting sore loser and the president who endorsed him.
.. Now look at the culture of governance. Trump demands testimonials from his cabinet, servility from Republican politicians and worship from conservative media. To serve in this White House isn’t to be elevated to public service. It’s to be debased into toadyism, which probably explains the record-setting staff turnover of 34 percent
.. In place of presidential addresses, stump speeches or town halls, we have Trump’s demagogic mass rallies. In place of the usual jousting between the administration and the press, we have a president who fantasizes on Twitter about physically assaulting CNN. In place of a president who defends the honor and integrity of his own officers and agencies, we have one who humiliates his attorney general, denigrates the F.B.I. and compares our intelligence agencies to the Gestapo.

Trump is normalizing all this; he is, to borrow another Moynihan phrase, “defining deviancy down.” A president who supposedly wants to put a wall between the U.S. and Latin America has imported a style of politics reminiscent of the cults of Juan Perón and Hugo Chávez.

.. Trump is empowering a conservative political culture that celebrates everything that patriotic Americans should fear: the cult of strength, open disdain for truthfulness, violent contempt for the Fourth Estate, hostility toward high culture and other types of “elitism,” a penchant for conspiracy theories and, most dangerously, white-identity politics.

A bold new legal defense for Trump: Presidents cannot obstruct justice

The brazen assertion Monday by one of President Trump’s lawyers that a president cannot be found guilty of obstruction of justice signaled a controversial defense strategy in the wide-ranging Russia probe, as Trump’s political advisers are increasingly concerned about the legal advice he is receiving.

.. Trump tweeted over the weekend that he knew then-national security adviser Michael Flynn lied to the FBI about his contacts with the Russian ambassador before firing him in February — and before FBI Director James B. Comey said Trump asked him to be lenient while investigating Flynn. Experts said the president’s admission increased his legal exposure to obstruction-of-justice charges

.. Trump’s personal lawyer John Dowd sought to excuse the president’s tweet in part by telling Axios and NBC News on Monday that the “president cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case.”

Dowd declined to elaborate on his theory or explain the emerging legal strategy to The Washington Post.

Inside the White House, some senior officials were baffled that Dowd publicly offered this interpretation of the law, which has been advanced since the summer by constitutional scholar Alan Dershowitz in defense of Trump but flatly dismissed by many other legal scholars.

.. “It’s interesting as a technical legal issue, but the president’s lawyers intend to present a fact-based defense, not a mere legal defense,” Cobb said in an interview with The Post.
“We have a president, not a king,”
.. “No one is above the law, whether it be Trump or any of his close associates. It’s the sort of desperate claim that makes you wonder, ‘What exactly are they hiding?’”
.. “You cannot charge a president with obstruction of justice for exercising his constitutional power to fire Comey and his constitutional authority to tell the Justice Department who to investigate, who not to investigate,” Dershowitz said. “That’s what Thomas Jefferson did, that’s what Lincoln did, that’s what Roosevelt did. We have precedents that clearly establish that.”
.. Dershowitz was appearing on “Fox & Friends,” a pro-Trump morning show that the president regularly watches. After his appearance, Trump tweeted, “A must watch: Legal Scholar Alan Dershowitz was just on @foxandfriends talking of what is going on with respect to the greatest Witch Hunt in U.S. political history.”
.. Furthermore, he wrote, “the president has the constitutional authority to stop the investigation of any person by simply pardoning that person.”

.. Cobb and Dowd have urged Trump to cooperate fully with Mueller’s investigation, providing documents when asked by the special counsel and encouraging White House staffers to comply with requests for interviews.

.. Cobb and Dowd also have been privately assuring the president that the Mueller probe was likely to reach its conclusion by the end of this year, complete with a public exoneration of Trump of any wrongdoing.
.. In Monday’s interview, Cobb said he still believes Mueller’s investigation of Trump will reach “an appropriate result” by Christmas or early January.
.. Stephen K. Bannon — have been grumbling for weeks that the president’s legal strategy is too compliant with Mueller and not combative enough.
.. “The concern is that every time the president feels a little bit of pain from what Mueller’s doing, [his lawyers] give him OxyContin and tell him he’ll be fine by the morning,” this strategist said metaphorically
.. Cobb said, “There’s no question that Bannon is doing the president a great disservice by agitating persistently on this issue. Internally, where people are actually informed, there’s no consternation about the decision to cooperate fully with the special counsel, and Mr. Bannon has yet to identify what fights he would pick and how constructive that would be.”

.. In 1999, Attorney General Jeff Sessions, then a senator from Alabama, argued that Clinton should be removed from office for obstructing justice in the investigation into his relationship with White House intern Monica Lewinsky.“The facts are disturbing and compelling on the president’s intent to obstruct justice,” Sessions said at the time.