The president’s attempted ouster of Mr. Mueller seems plainly to have been intended to squelch Mr. Mueller’s investigation. Moreover, Mr. Trump’s attempts to conceal the obvious with a rank, virtually comical explanation provide additional evidence of guilty intent.
Mr. Mueller, the president argued, could not serve because, years before, he had resigned his membership at the Trump National Golf Club in Virginia because of a dispute over fees; or he needed to be fired because he had worked at the law firm that previously represented Mr. Trump’s son-in-law, Jared Kushner.
Why strain to concoct such feeble rationales unless the truth is indefensible?
.. The threat to resign carries with it the possible implication that he saw more: a crime, even a continuing conspiracy, that he wanted to distance both Mr. Trump and himself from.
.. It’s also consistent with the Washington tradition of self-serving conduct with an eye toward ensuring that you don’t go down with the ship.
.. Mr. McGahn’s pushback starts to look like a John Dean moment in the Trump administration: the juncture when actors in the White House, including the White House counsel, began to realize that there is, in Mr. Dean’s famous phrase, “a cancer on the presidency.”
.. And they know that there is more to come, beginning with Steve Bannon’s interview with the special counsel.
.. The events it details happened over six months ago but are only now coming to light. For whose benefit? The Times report is sourced to four people
.. Some number of people in the know have decided, perhaps in concert, to drop a bombshell now, one they kept to themselves for many months.
.. Perhaps from their insiders’ perches, they see that Mr. Mueller is wrapping up a case of obstruction that the president probably cannot defend against, because he is guilty. And perhaps they are jockeying to position themselves favorably, in the belief that Mr. Trump may be impeached (if not removed from office) and that there will be a broad reckoning,
.. he has every reason to think as he looks around him that his staff is wondering who will be next to go — by discharge or criminal charge — and there is nobody whose loyalty he can be sure of
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.
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.
“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.
Republicans Feel Triumph, Fear Tragedy
Tax plan, Mueller’s Russia probe help produce two potential divergent paths
.. The Republican establishment’s bargain with Mr. Trump always has been essentially this: It is worth putting up with his excesses and an undercurrent of mutual mistrust because ultimately he would promote and then sign the Republicans’ long-sought tax cut.
.. Republican plans to make Democratic House leader Nancy Pelosi rather than Mr. Trump the unpopular face of the election year succeed... Trump voters decide the party and the president they supported in 2016 don’t share their common-sense aversion to running up big bills and leaving them for the kids... Meantime, a failure to agree on a new spending bill forces a government shutdown just before Christmas, and the GOP fails to put the blame off on Democrats. That instantly sullies Republicans’ newfound reputation for governing effectively... Corporate leaders don’t make the kinds of job-creating investments Republicans predict. Meanwhile, the tax cut’s stimulative effect overheats an economy already near full employment, pumps up an overextended stock market and compels the Fed to keep raising interest rates. The bubble bursts.The Obamacare infrastructure also collapses in 2018, and Republicans now are the party bearing the blame for health-market chaos.
.. Trump world financial entanglements with Russians gave the Kremlin leverage over the eventual president, and it’s shown Mr. Trump obstructed justice to stop investigators from finding out.