The billionaire financier Tom Barrack was caught in a bind.
.. Mr. Trump’s outspoken hostility to Muslims — epitomized by his call for a ban on Muslim immigrants — was offending the Persian Gulf princes Mr. Barrack had depended on for decades as investors and buyers.
.. Mr. Barrack, a longtime friend who had done business with the ambassador, assured him that Mr. Trump understood the Persian Gulf perspective. “He also has joint ventures in the U.A.E.!” Mr. Barrack wrote in an email on April 26.
.. During the Trump campaign, Mr. Barrack was a top fund-raiser and trusted gatekeeper who opened communications with the Emiratis and Saudis, recommended that the candidate bring on Paul Manafort as campaign manager — and then tried to arrange a secret meeting between Mr. Manafort and the crown prince of Saudi Arabia.
.. Investigators interviewed him in December but asked questions almost exclusively about Mr. Manafort and his associate Rick Gates
.. he has said he rebuffed offers to become treasury secretary or ambassador to Mexico.
.. He sought a role as a special envoy for Middle East economic development
.. Mr. Barrack’s company, known as Colony NorthStar since a merger last year, has raised more than $7 billion in investments since Mr. Trump won the nomination, and 24 percent of that money has come from the Persian Gulf — all from either the U.A.E. or Saudi Arabia
.. Mr. Barrack played as a matchmaker between Mr. Trump and the Persian Gulf princes.
.. “He is the only person I know who the president speaks to as a peer,” said Roger Stone, a veteran Republican operative who has known both men for decades. “Barrack is to Trump as Bebe Rebozo was to Nixon, which is the best friend,”
.. By 2010, he had acquired $70 million of the debt owed by Mr. Trump’s son-in-law, Jared Kushner, on his troubled $1.8 billion purchase of a skyscraper at 666 Fifth Avenue in New York. After a call from Mr. Trump, Mr. Barrack was among a group of lenders who agreed to reduce Mr. Kushner’s obligations to keep him out of bankruptcy.
.. Thomas J. Barrack Jr. and Donald J. Trump first met in the 1980s, and Mr. Barrack got the better of the encounters. He negotiated Mr. Trump into overpaying for two famous assets: a one-fifth stake in the New York department store chain Alexander’s in 1985, and the entire Plaza Hotel in 1988. Mr. Trump paid about $410 million for the Plaza and later lost both properties to creditors.
.. But Mr. Barrack nonetheless parlayed the deals into a lasting friendship, in part by flattering Mr. Trump about his skill as a negotiator.
“He played me like a Steinway piano,” Mr. Barrack recounted in a speech at the Republican convention.
.. people who know him well say he still tells new acquaintances that he is truly honored to meet them, cheerfully doling out superlatives like “first-class,” “amazing” and “brilliant.” He invariably tells the story of his own success as a parable about luck and perseverance, never about talent.
.. He grew up speaking Arabic as the son of Lebanese immigrants to Los Angeles
.. Mr. Barrack wrote back that Mr. Trump was “the king of hyperbole.”
.. “We can turn him to prudence,” Mr. Barrack wrote in an email. “He needs a few really smart Arab minds to whom he can confer — u r at the top of that list!”
.. Mr. Barrack had befriended Mr. Manafort in the 1970s, when they were both living in Beirut and working for Saudi interests.
.. Early in 2016, when Mr. Trump faced the prospect of a contested nomination fight at the Republican convention, Mr. Barrack had recommended Mr. Manafort for the job of campaign manager. “The most experienced and lethal of managers” and “a killer,” Mr. Barrack called him in a letter to Mr. Trump.
.. The Saudi prince had tried to reach the Trump campaign through “a midlevel person” at the rival private equity giant Blackstone
.. Mr. Barrack forwarded to the ambassador a message from Mr. Manafort with a “clarification” that modulated Mr. Trump’s call for a Muslim ban.
.. Mr. Barrack informed Ambassador Otaiba that the Trump team had also removed a proposed Republican platform provision inserted to “embarrass” Saudi Arabia. The provision had called for the release of redacted pages about the kingdom in a report on the terrorist attacks of Sept. 11, 2001.
.. When those two states imposed an embargo on their neighbor Qatar — home to a major United States air base — Mr. Trump broke with his own administration to throw his weight squarely behind the Saudis and Emiratis.
.. Until recently, Mr. Barrack’s most prominent Gulf customers were neither the Emiratis nor the Saudis — but their bitter rivals the Qataris
.. None of the Gulf investments that Mr. Barrack’s company has brought in since Mr. Trump’s nomination have come from Qatar.
F.B.I. Raids Office of Trump’s Longtime Lawyer Michael Cohen; Trump Calls It ‘Disgraceful’
The F.B.I. raided the office and hotel room of President Trump’s longtime personal lawyer, Michael D. Cohen, on Monday, seizing business records, emails and documents related to several topics, including payments to a pornographic film actress.
.. Federal prosecutors in Manhattan are investigating Mr. Cohen for possible bank fraud, and the documents identified in the warrant date back years
.. Mr. Cohen’s lawyer, who called the search “completely inappropriate and unnecessary.”
.. The search does not appear to be directly related to Mr. Mueller’s investigation, but most likely resulted from information that he had uncovered and gave to prosecutors in New York.
.. “Today the U.S. attorney’s office for the Southern District of New York executed a series of search warrants and seized the privileged communications between my client, Michael Cohen, and his clients,” said Stephen Ryan
.. Mr. Trump reacted angrily to the raid. “It’s a disgraceful situation,” he told reporters at the White House before a meeting with military leaders. He added, “I have this witch hunt constantly going on.”
.. Agents raided space Mr. Cohen uses in the Rockefeller Center office of the law firm Squire Patton Boggs, as well as a room Mr. Cohen is staying at the Loews Regency Hotel on Park Avenue
.. In order to obtain a search warrant, prosecutors must convince a federal judge that agents are likely to discover evidence of criminal activity.
.. The searches open a new front for the Justice Department in its scrutiny of Mr. Trump and his associates: His longtime lawyer is being investigated in Manhattan; his son-in-law, Jared Kushner, is facing scrutiny by prosecutors in Brooklyn; his campaign chairman is under indictment; his former national security adviser has pleaded guilty to lying; and a pair of former campaign aides are cooperating with Mr. Mueller. Mr. Mueller, meanwhile, wants to interview Mr. Trump about possible obstruction of justice.
.. The search is an aggressive move for the Justice Department, which normally relies on grand jury subpoenas to obtain records from people who are represented by lawyers and are cooperating with authorities. Search warrants are more often used in cases in which prosecutors do not trust people to preserve or turn over the records themselves.
.. The seized records include communications between Mr. Trump and Mr. Cohen, which would likely require a special team of agents to review because conversations between lawyers and clients are protected from scrutiny in most instances.
.. He attracted attention in the Russia investigation after emails showed that a business associate of Mr. Trump, Felix Sater, pitched Mr. Cohen on a lucrative real estate deal in Russia.
.. The deal was supposed to be a Trump Tower in Moscow and Mr. Sater boasted to Mr. Cohen that the tower would get Mr. Trump elected president. “Our boy can become president of the USA and we can engineer it,” Mr. Sater wrote. “I will get all of Putin’s team to buy in on this, I will manage this process.” But the emails obtained by The New York Times show no response from Mr. Cohen, who told congressional investigators that he regarded Mr. Sater’s talk as puffery.
Comments:
.. As a lawyer of 35 years, this is one of the most significant developments in the Mueller investigation.
It is extraordinarily hard to convince a judge, who is a former lawyer himself or herself, to pierce the attorney/client privilege and work product doctrine to issue a subpoena and seize material subject to those sacred protections.
The judge must be convinced that Cohen’s records will demonstrate substantial criminal activity.
This may be “Black Monday” for Donald Trump.
.. Remember that phrase Joe Biden got caught saying on mike that time? This is one of those.
Getting a search warrant for a lawyer’s files is a BIG, BIG deal. It requires sign-off from either the US Attorney or an Assistant AG, consultation with main justice in DC, and consideration of other, less-intrusive methods of getting the information. And that’s before the warrant goes to the judge. Judges tend to be very protective of attorney-client confidentiality and are very skeptical of such requests even in routine cases, let alone when the request is for a warrant for the client files of the personal attorney to the President of the United States.
On a scale of 1 to 10, Cohen’s legal trouble just went all the way to 11.
.. The plot thickens. Trump keeps talking about collusion. It’s the money laundering and related financial activities he should be worried about. It’s the payoffs and bribes he should be worried about. It’s the threats he should be worried about.
.. Trump said many times, do not investigate the family business! Big red line. Gosh! Why would he say that? Looks like we are about to find out.
.. Remember this, Republicans; President Clinton’s impeachment over sex-related perjury began with an investigation into a real estate deal. YOU set this standard of expansive investigations. YOU laid the groundwork for this. Any cries that this exceeds Mueller’s authority and mission should be accompanied by your profound apologies to the country for what you have done. Otherwise, reap the whirlwind.
.. And now, the American people get to learn about the crime-fraud exception to the attorney-client privilege.
.. I’ll bet they included records regarding Cohen’s negotiation of a hotel deal in Moscow for Trump during the election when Trump said he had no business in Russia. It would seem such a Moscow deal would fit right into the areas of inquiry of Mr. Mueller.
.. The noose tightens… Expect the obligatory military strike on Syria as another in a long list of “Look – a puppy!” diversion is perpetrated on the all-too-gullible American public.
.. As Richard Nixon would put it, people have the right to know if their president is a crook.
.. The privileged communications between an attorney and his/her clients may be seized legally as part of an investigation by a special prosecutor. Completely legal. Very sorry the whiny lawyer of the lawyer doesn’t want to admit it. The truth of everything involved with this investigation will be made known. Be patient.
.. Just as in the cases of Manafort et al. (and that dossier) many will scream that this is way beyond Mueller’s powers.
But, best as I read, he IS entitled to follow up on almost EVERY crime he finds when doing his work on collusion and such.
Capone didn’t go down for murders, he was convicted on tax fraud.
.. For all those Trumpsters hanging out here disparaging Mueller, this action is totally within the scope of the Russia investigation. Remember Mr. Cohen was already reportedly involved in brokering a Trump business project in Moscow and had been also involved with a Ukrainian lawmaker passing a pro-Russian peace proposal from a Ukrainian lawmaker to Michael Flynn, so it is very likely that Cohen has been resisting handing over documents that the Special Counsel wanted to review, and this was the most appropriate way of going about getting the information they were after. The Daniels stuff isn’t even in the same league as the types of possible crimes that Mueller may be investigating. Uncovering an unlawful international money laundering racket alone would be fair game for Mueller and his team. Think about this for a second. What would a personal attorney for Donald Trump be doing in Russia in January 2016 in the midst of a presidential campaign when Trump had not even locked up the nomination yet. Come on people! There is something very rotten in Trumpland. The Stormy Daniels case is just a small sideshow that is eating up oxygen in the media. Follow the Cohen.
.. There must be a multi-million dollar overseas fund with Cohen’s name on it
.. It isn’t just the facts of the case that determine when they will act and how; they also are studying their foe.
.. As of the past week or a little longer, Trump has no personal support, no one person in place he can trust and confide in, no one who can temper his outbursts and his tendencies to blindly and stupidly lash out. They know it and are counting on it – the case doesn’t rely solely on this, but who the opposition is and how they act/react, who their support lines are, who their attorneys are…it all has its own bit of importance. Trump is now on his own, if and how much we as a country suffer for this before the insanity ends is a guess.
Mueller Owes It to Prosecutors Nationwide, and to His Own Cases, to Uphold Justice Department Standards
Mueller’s tactic of charging sensational offenses and pleading them down to comparatively trivial crimes flouts guidelines that are prescribed in the U.S. Attorney’s Manual and that are followed by responsible U.S. attorneys’ offices.
.. the plea deal of Richard Gates, who faced two indictments alleging financial-fraud felonies involving over $100 million in the aggregate, but was permitted to plead guilty to minor charges
.. Kerr’s description of my claim that Mueller is “breaking the rules” suggests that I’ve accused the special counsel of violating the law. No, I’ve accused him of abusing his discretion.
That this is not actionable does not make it right.
.. A defendant should be required to plead guilty to “the most serious readily provable” offense charged
.. The “most serious readily provable” standard applies to plea agreements regardless of whether cooperation is in the mix.
.. Requiring such a guilty plea not only ensures that the defendant is held appropriately accountable and is not given favorable treatment in comparison to others similarly situated; a plea to “the most serious readily provable charge” also makes the defendant a more compelling cooperating witness. By contrast, failing to require a plea to the most serious offense degrades the defendant’s testimony, which is usually offered to prove against other defendants the same serious offense on which the cooperating defendant has been given a pass.
No New Special Counsel
Why not, then, appoint another special counsel to squeeze the squeezers? Why not turn the tables?
.. Deputy Attorney General Rod Rosenstein made a foundational error in appointing Robert Mueller to be special counsel to investigate . . . well . . . um . . . come to think of it, that was the error: The investigation has no parameters, and thus no limitations.
Investigations conducted by prosecutors are supposed to be rooted in known crimes — or, at the very least, articulable suspicion that known crimes have occurred.
those crimes must form the basis for two salient findings:
(1) that the Justice Department has a conflict of interest so severe that it cannot conduct the investigation in the normal manner, and
(2) that it is necessary to appoint, from outside the Justice Department, a quasi-independent prosecutor.
.. This special prosecutor is to be given a grant of investigative jurisdiction limited to the crimes that the Justice Department is too conflicted to investigate — and no other crimes, unless the special counsel explicitly requests, and the Justice Department grants, an expansion of jurisdiction.
.. Because counterintelligence is not lawyer work, and because the objective of counterintelligence is to gather information about a foreign power, not to build a criminal case against a suspect, prosecutors are not ordinarily assigned to counterintelligence investigations.
.. In the Mueller appointment, then, counterintelligence is camouflage for something that should never happen: a special counsel unleashed to hunt for crimes to prosecute despite the absence of known crimes warranting appointment of a special prosecutor.
.. is looking into whether Jared Kushner’s financial woes influenced Trump-administration policy towards Qatar.
.. Where I part company with them is not over whether we need an investigation; it is over whether that investigation should be done by a special counsel.
.. The patent flaw in the Goodlatte-Gowdy proposal is the same one that plagued Rosenstein’s appointment of Mueller: There is no triggering crime.
.. Investigative Excesses Are Usually Not Crimes
It is very bad for investigators to exhibit bias, to allow bias to taint their exercise of investigative and prosecutorial discretion, to depart from Justice Department guidelines, and to provide unverified information to the Foreign Intelligence Surveillance Court (FISA court). But none of these things is a crime – at least, not obviously so... There is no criminal statute addressing bias on the part of agents and prosecutors. We all have biases. It would not be possible to have bias-free investigators.
.. But if deviations from guidelines were to become a basis for legal action, including criminal prosecution, one of two things would happen: The guidelines would be repealed, or they would be rewritten in a broadly permissive manner, endorsing investigative behavior that might be justifiable in exigent circumstances but would be grossly inappropriate the rest of the time.
.. If police and prosecutors came to believe enforcement errors would lead to prosecutions or civil lawsuits against them, they would refrain from taking any but the most uncontroversial enforcement actions. In another context, Heather Mac Donald has written compellingly about this phenomenon as “the Ferguson effect.” To discourage policing is to erode the rule of law, imperiling societal peace and prosperity.
.. If there was a good-faith basis for the FBI and Justice Department to investigate possible Trump–Russia ties of a corrupt nature, it would be very difficult to prove that investigators broke the law in conducting their investigation
.. Candidate Trump made alarmingly ingratiating statements about Vladimir Putin
.. Trump brought Manafort and Gates into his campaign at a very high level. They had notorious ties to Kremlin-backed Ukrainians. Those ties are not speculation; they are established fact. Moreover, Trump publicly identified Carter Page, an obscure Kremlin apologist, as one of his campaign’s handful of foreign-policy advisers. Simultaneously, the FBI was alerted that the Russians might be in possession of thousands of hacked emails damaging to Hillary Clinton, and might have made a point of communicating this claim to George Papadopoulos, another of the few identified Trump foreign-policy advisers.
.. Then the bureau was approached by Christopher Steele. Far from being unknown to the FBI, this former British spy was a proven asset, having provided information that helped the bureau crack the FIFA soccer case
.. Steele alleged that Trump was involved in a corrupt conspiracy with Russia, in which Manafort, the point man, was using Page as an intermediary. Because of his prior work with the bureau, Steele would not have been ignored by the FBI, regardless of the Clinton campaign’s sponsorship of his work
.. given the preexisting reasons for concern: Trump’s pro-Putin rhetoric; the backgrounds of Manafort, Gates, and Page; and the report about possible Russian involvement in hacked Democratic emails.
.. It would not be credible to claim that the Trump-Russia investigation was fabricated out of whole cloth. Even stipulating that the top FBI/DOJ hierarchy was biased against Trump, and thus too quick to credit sensational allegations of Trump wrongdoing, there were good-faith reasons for concern about ties between the Trump campaign and the Russian regime. These reasons do not prove that Russia was behind the hacking of Democratic emails; that Carter Page was a Russian agent; that Manafort and Gates were choreographing a Trump–Russia conspiracy; or that Trump’s Russia rhetoric was anything more than a political novice’s effort to do what American administrations have been doing for decades — seek better relations with Moscow.
.. Goodlatte and Gowdy are also right to suggest (as I believe they have) that the contemplated investigation should scrutinize the handling of the Clinton-emails probe
.. The special counsel is a pernicious institution that operates outside the procedures and discipline of a normal U.S. attorney’s office — where the merits of every case must be weighed against those of every other in the competition for limited investigative and prosecutorial resources.
.. Attorney General Sessions should assign a U.S. attorney from outside Washington to conduct a probe of how the Clinton-emails and Trump-Russia investigations were handled by the Justice Department and FBI. A good model would be John Durham, the U.S. attorney for Connecticut just confirmed by the Senate.
.. the Bush administration was cut no slack by Fitzgerald, then a career prosecutor who is remembered for conducting a hyper-aggressive probe.
.. Mueller is effectively independent only because Rosenstein has chosen to be passive
.. Mueller reports to Rosenstein, who could assert more active supervision.
.. There is no reason that Attorney General Sessions cannot structure a probe that can be credibly conducted by the Justice Department’s standard investigative arrangement