Trump’s ‘Perjury Trap’: Confessing to Obstruction of Justice or Lying About It

Rudy Giuliani tells Axios that his client, President Trump, is currently willing to speak to Special Counsel Robert Mueller on the condition that he not be asked about two subjects: why Trump fired FBI director James Comey, and what Trump said to Comey about the investigation of former national security adviser Michael Flynn.

You might wonder if the specificity of this demand sounds just a wee bit suspicious, as if Trump’s lawyers are pointing frantically at a locked door at a crime scene and shouting “Don’t go in there!” You would be right.

.. The Russia scandal has followed an eerily similar fact pattern to Watergate. Both cases feature as the central underlying crime the burglary of private files from the Democratic National Committee in order to give Republicans an advantage in a presidential campaign. Both cases also feature the president leaning on the FBI to quash an investigation that might connect the burglary to the president and his inner circle.

..  We are accustomed — not only by Watergate but by every criminal or detective drama — to expect evidence to mount to a crescendo over time. Nobody knows quite how to respond to the spectacle of a president committing high crimes and misdemeanors in his first few weeks in office, and then simply confessing to them casually in a subsequent television interview.

.. A perjury trap is a real thing. The term describes when prosecutors lure a witness into giving false testimony, usually for reasons other than covering up a crime, knowing they can prove the claim was false, and then nail them for perjury.

.. The impeachment of President Clinton was a classic perjury trap. Special Prosecutor Ken Starr asked the president about an affair with Monica Lewinsky, knowing Clinton — like most people who have affairs, especially politicians — would lie about it.

.. Asking Trump about his attempt to manipulate his FBI director is not a perjury trap. The question is not extraneous to a crime, it is a crime. He was very consciously attempting to stop an investigation into his administration. The mere fact that his lawyers are discussing it well in advance indicates that the subject matter is not a perjury trap, because the “trap” aspect involves the witness not knowing beforehand that the question is designed to produce a lie.

Trump’s lawyers have presumably concluded that they have no defense of his obstruction of justice. Faced with a choice between admitting to obstruction of justice, or denying it and risking perjury, Trump’s choice is to avoid the question altogether.

The New Republic’s Super Buzzy, Lefty Upgrade

103-year-old magazine today is a repudiation of its stuffy, neo-liberal past.

Two months later, the “new” New Republic resurrected itself, with eminent Canadian leftist Jeet Heer in the driver’s seat and a buzzy cover story stolidly titled “Whitewash”—a sizzling takedown of the magazine’s complicated racial and social-class history under Peretz’s nearly four-decade tenure. Then the magazine went full-throttle in favor of the Sanders cult, with sometimes frankly Marxist cultural analyses, attacks on Hillary Clinton (from the left), calls for single payer, the $15 minimum wage, resistance to Trump, and opposition to military interventionism.

.. Hughes’ move was not merely a rebooting or rebranding—it was a repudiation of the magazine’s past.

.. “I bought The New Republic to take back the Democratic Party from the McGovernites,” he told the Wall Street Journal in 2012.

..  If William F. Buckley Jr. sought to reform and update the conservative movement with National Review in the 1950s, Peretz was just as redoubtable in his goal to remake Democratic liberalism in the ’70s, ’80s, and ’90s. Not until Roger Ailes joined Fox would an editor exert the kind of ideological tone-policing that Peretz proudly did at TNR.

.. During the 1980s and ’90s, The New Republic’s rise mirrored that of neoliberalism (a philosophy for which it became the definitive journalistic exponent), alongside yuppie New Democrats such as Gary Hart, Joe Klein, Larry Summers, Al From, Al Gore, and an Ivy-educated Arkansas power couple named Bill and Hillary Clinton

.. Once the Vietnam War (and the Pinochet takeover of Chile) ended virtually all support on the left for “imperialist” U.S. interventions, these foreign policy hawks (with which Peretz, Charles Krauthammer, and Leon Wieseltier were very much in accord) left for Team Republican.

.. Once the Vietnam War (and the Pinochet takeover of Chile) ended virtually all support on the left for “imperialist” U.S. interventions, these foreign policy hawks (with which Peretz, Charles Krauthammer, and Leon Wieseltier were very much in accord) left for Team Republican.

..  TNR’s two signal editors—a wisecracking Jewish atheist who attacked supply-siders from the right (Kinsley never believed that tax cuts for the rich, or anyone else, paid for themselves)

.. University of Kansas grad Thomas Frank ruthlessly satirized The New Republic in Salon as a place where sheltered young Ivy know-it-alls would “exercise the prerogatives of their class” by sliding into “ready-made” positions of power where they would “pantomime seriousness” while “trolling” the real left.

.. Peretz and Kinsley transformed the stodgy Washington insider into a brash, impudent, ironic, and irreverent voice that no other “serious” journal dared to match in those pre-cable/pre-Twitter days.

.. Peretz and Kinsley transformed the stodgy Washington insider into a brash, impudent, ironic, and irreverent voice that no other “serious” journal dared to match in those pre-cable/pre-Twitter days.

.. Kinsley agreed utterly with Paul Volcker, Alan Greenspan, and Margaret Thatcher—three of his all-time favorites—that the stagflation of the late 1970s and early ‘80s was directly due to greedy labor unions

.. And when Andrew Sullivan, openly gay, Catholic, Thatcher Tory, took the helm in 1991, TNR doubled down on “trolling the Left,”

.. Then came the attacks by conservative writer Betsy McCaughey against Hillarycare in 1993-94, followed by the controversy over Charles Murray’s 1994 bestseller, The Bell Curve.

.. “DAY OF RECKONING” cover—bordered in blood red with a cigarette-smoking “Preciousand Mary” black welfare queen—where the editors demanded that President Clinton sign Newt Gingrich’s welfare reform bill.

.. None of this would have been particularly remarkable in the pages of National Review or The American Spectator. But what made The New Republic sui generiswas that it took these positions while proudly, even aggressively, touting itself as the arbiter of acceptable liberal Democratic dialogue. TNR was a living rebuke to other opinion-meisters such as The NationMother JonesIn These Times, and NPR’s Democracy Now!, which more-or-less stayed with New Deal liberalism and 1960s-style idealism.

..  Peretz’s best friend and former student Al Gore was humiliated in his 2000 run for the Presidency—denied victory because of Ralph Nader’s Bernie Sanders-like attack from the left

.. And when TNR offered full-throated support for Bush’s Iraq and Afghanistan interventions after 9/11—while capital-L liberals stood in opposition—whatever credibility the magazine had as The Voice of Liberalism finally collapsed. As far as left-wing voices were concerned, TNR’s neoliberalism and George W. Bush-style neoconservatism had now become practically one and the same.

.. one might say that there was simply no room left on the Left anymore for “even the liberal” New Republic. The death of the Peretz TNR and the rise of Bernie Sanders, Jill Stein, Black Lives Matter, the Democratic Socialists of America, Jeremy Corbyn, Chapo Trap House, The Young Turks, Mr. Robot, and Jacobinmagazine were all but simultaneous.

.. TNR alum Jonathan Chait, who has emerged as perhaps the top (white male) tone-policeman of (neo) liberals versus The Left, as he illustrated in his recent New York magazine piece, “How ‘Neoliberalism’ Became the Left’s Favorite Insult.”

.. From 1975 to 2014 (not coincidentally the era that historians Sean Wilentz and Gil Troy christened the twin “Ages” of Reagan and the Clintons), The New Republic was as indispensable an idea factory for “New Democrats” as the Heritage Foundation and Fox News were for Republicans