McGahn, White House Counsel, Has Cooperated Extensively in Mueller Inquiry

The White House counsel, Donald F. McGahn II, has cooperated extensively in the special counsel investigation, sharing detailed accounts about the episodes at the heart of the inquiry into whether President Trump obstructed justice, including some that investigators would not have learned of otherwise, according to a dozen current and former White House officials and others briefed on the matter.1

In at least three voluntary interviews with investigators that totaled 30 hours over the past nine months, Mr. McGahn described the president’s fury toward the Russia investigation and the ways in which he urged Mr. McGahn to respond to it

.. It is not clear that Mr. Trump appreciates the extent to which Mr. McGahn has cooperated with the special counsel. The president wrongly believed that Mr. McGahn would act as a personal lawyer would for clients and solely defend his interests to investigators

..  Mr. McGahn cautioned to investigators that he never saw Mr. Trump go beyond his legal authorities, though the limits of executive power are murky.

.. the two rarely speak one on one — the White House chief of staff, John F. Kelly, and other advisers are usually present for their meetings — and Mr. Trump has questioned Mr. McGahn’s loyalty.

.. Mr. McGahn that he has called the president “King Kong” behind his back, to connote his volcanic anger, people close to Mr. McGahn said.

.. Mr. Burck said that Mr. McGahn had been obliged to cooperate with the special counsel. “President Trump, through counsel, declined to assert any privilege over Mr. McGahn’s testimony

.. He wanted to take on Mr. Mueller directly, attacking his credibility and impeding investigators. But two of his newly hired lawyers, John M. Dowd and Ty Cobb, have said they took Mr. Trump at his word that he did nothing wrong and sold him on an open-book strategy.

.. As White House counsel, not a personal lawyer, he viewed his role as protector of the presidency, not of Mr. Trump. Allowing a special counsel to root around the West Wing could set a precedent harmful to future administrations.

..  Mr. Trump blamed him for a number of fraught moments in his first months in office, including the chaotic, failed early attempts at a ban on travelers from some majority-Muslim countries and, in particular, the existence of Mr. Mueller’s investigation.

.. Mr. McGahn’s decision to cooperate with the special counsel grew out of Mr. Dowd’s and Mr. Cobb’s game plan, now seen as misguided by some close to the president.

.. Last fall, Mr. Mueller’s office asked to interview Mr. McGahn. To the surprise of the White House Counsel’s Office, Mr. Trump and his lawyers signaled that they had no objection, without knowing the extent of what Mr. McGahn was going to tell investigators.

Mr. McGahn was stunned

.. Mr. Burck has explained to others that he told White House advisers that they did not appreciate the president’s legal exposure and that it was “insane” that Mr. Trump did not fight a McGahn interview in court.

..  the White House has to understand that a client like Mr. Trump probably made politically damaging statements to Mr. McGahn as he weighed whether to intervene in the Russia investigation.

.. Mr. McGahn and his lawyer grew suspicious. They began telling associates that they had concluded that the president had decided to let Mr. McGahn take the fall for decisions that could be construed as obstruction of justice, like the Comey firing, by telling the special counsel that he was only following shoddy legal advice from Mr. McGahn.

.. McGahn told people he was determined to avoid the fate of the White House counsel for President Richard M. Nixon, John W. Dean, who pleaded guilty to conspiracy to obstruct justice in the Watergate scandal.

Mr. McGahn decided to fully cooperate with Mr. Mueller. It was, he believed, the only choice he had to protect himself.

.. “This sure has echoes of Richard Nixon’s White House counsel, John Dean, who in 1973 feared that Nixon was setting him up as a fall guy for Watergate and secretly gave investigators crucial help while still in his job,” said the historian Michael Beschloss.

.. By exerting attorney-client privilege, which allows the president to legally withhold information, they would have gained the right to learn what Mr. McGahn planned to tell investigators and what he might reveal that could damage the president. But the president’s lawyers never went through that process, although they told people that they believed they still had the ability to stop Mr. Mueller from handing over to Congress the accounts of witnesses like Mr. McGahn and others.

.. Mr. Burck and Mr. McGahn met the special counsel team in November for the first time and shared all that Mr. McGahn knew.

.. Mr. McGahn gave to Mr. Mueller’s investigators, the people said,

.. it became apparent that Mr. McGahn and Mr. Burck had overestimated the amount of thought that they believed the president put into his legal strategy

 

 

Rep. Nunes’s memo crosses a dangerous line

On Monday, House Intelligence Committee Chairman Devin Nunes (R-Calif.) moved to release a memo written by his staff that cherry-picks facts, ignores others and smears the FBI and the Justice Department — all while potentially revealing intelligence sources and methods. He did so even though he had not read the classified documents that the memo characterizes and refused to allow the FBI to brief the committee on the risks of publication and what it has described as “material omissions of fact that fundamentally impact the memo’s accuracy.” The party-line vote to release the Republican memo but not a Democratic response was a violent break from the committee’s nonpartisan tradition and the latest troubling sign that House Republicans are willing to put the president’s political dictates ahead of the national interest.

The Swine of Conservatism

professional Christian Roy Moore, who is credibly alleged to have spent his thirties pursuing high school girls with the “I get older, they stay the same age” gusto of Matthew McConaughey’s character in “Dazed and Confused,”

.. a quick typology of the predators that flourish among the godly and moralistic and traditional.

.. rotten patriarch. This is the man who depends on the trappings of spiritual or familial authority to exploit the young and weak, shame them into silence, and pre-emptively discredit them.

.. the way conservative impulses protect this kind of figure — both in the suggestion that a man of his religious reputation should be trusted over his accusers, and in the risible invocation of Biblical examples to defend an older man’s lust for a 14-year-old girl.

.. the burrower, the networker, the institutionalist — the predator who embeds himself within a hierarchical system that protects him because it wants to protect itself.

Many Catholic priest-abusers fit this pattern.

.. the larger ecclesiastical entity saw its own self-protection as more important than their punishment.

.. serial repenter — the creep who relies on the promise of forgiveness to keep his place and his powers and his opportunities to prey again.

.. Harvey Weinstein ran Miramax the same way an abusive religious leader rules his cult. Bill Clinton was both a liberal pig backing feminist causes to buy immunity and a serial repenter in the style of his Baptist youth. A liberal academic eminence grooming disciples to be victims has a lot in common with a man of God who does the same.
.. Some cultural conservatives, in evangelical Christianity especially, combine a belief in male headship in churches and families with a “boys will be boys and girls shouldn’t tempt them” attitude toward sex. It’s a combination that’s self-contradictory and deeply toxic, handing men not just power but a permission slip to abuse it — which, predictably, they do.
.. the impulse to hide or dismiss scandal because it hurts the short-term cause, which is common to all institutions but particularly strong for conservative ones, is a path to self-destruction in the long run.

.. the Catholic Church’s sex abuse experience is a case study. And we may be watching something similar happen with evangelicals, who decided with Donald Trump and may decide with Roy Moore that in the war against secular liberalism, they simply can’t afford to police the morals of their leaders.

It’s a theory that makes sense if you think only of today’s elections, but in the long term it’s cultural suicide — because it tells your neighbors and your children that your religious convictions are always secondary to your partisanship.

The Missiles of August

In reality, the Cuban missile crisis was the kind of scenario many of us feared could follow the election of Donald Trump: An inexperienced president gets elected on promises of toughness and flagrant lies, makes a series of bad decisions that provoke escalation from our foes, at which point political considerations make him feel he can’t back down, and suddenly we’re staring at nuclear war.

.. That’s basically the sequence of events that gave us the Cuban crisis, as Ben Schwarz pointed out in a revisionist Atlantic essay in 2013. Kennedy was elected after attacking Richard Nixon over a supposed “missile gap” with Russia that did not exist. He proceeded to fulfill his promise to Make America Tough Again with a series of poorly planned, Mafia-entangled, occasionally ludicrous attempts to unseat Fidel Castro, culminating in the Bay of Pigs disaster. At the same time, he went ahead with a plan to place Jupiter missiles in Turkey, a provocative gesture that made the Soviets suspect that we were looking for opportunities for a nuclear first strike.

.. When Khrushchev responded to this aggression and incompetence with the missiles-to-Cuba scheme, Kennedy decided that while the missiles did not place the United States in greater military danger (a nuke is a nuke whether fired from Havana, Russia or a submarine off the U.S. coast), they created an unacceptable political problem for his presidential credibility. Thus the escalation that followed — the quarantine, the invasion threat, the nuclear brinksmanship.

.. “success” required giving the Russians the strategic concession they had originally sought. The Jupiters were removed as well, but on a delayed timetable to allow the Kennedy White House to deceive about the crisis’ resolution. Meanwhile, American efforts to overthrow Castro diminished, and his regime endures today.

.. The weapons’ purpose is blackmail and self-protection, with no Cold War grand strategy involved. The U.S. military seems more likely to be a restraining force in this crisis than a hawkish one.

.. Meanwhile Trump himself is far more publicly unmastered and privately ignorant than J.F.K. But in fairness, Trump also has confined his real bellicosity to Twitter, without ordering any Kennedy-esque military misadventures or escalations yet.

.. My sense is that he would gladly — nay, eagerly — take a version of the deal that Kennedy ultimately struck: a bargain that looked better publicly for the U.S. than in secret, that allowed him to claim success even if the reality were different.

..  the concessions we would have to make to Pyongyang are unlikely to be kept secret.

..  can see the price of letting a U.S. president save too much face.

.. So it’s more likely that if we avert war, it will be because Trump is fundamentally a bluffer, who will issue threats on Twitter but won’t overrule his advisers if they tell him not to give an order that will leave hundreds of thousands dead.

Unfortunately, the bluster and incompetence will also probably make any deal worse than it otherwise might be.

But that’s the nature of the Trump presidency: You root for the least-bad outcome, knowing that the best one is probably already out of reach.