Mueller at the Crossroads

After almost a year, Mueller has offered no evidence that Trump colluded with the Russians. Aside from former Trump campaign chairman Paul Manafort, a few minor and transitory campaign officials have been indicted or have pleaded guilty to a variety of transgressions other than collusion.

Ironically, the United States has often interfered in foreign elections to massage the result. Recently, Bill Clinton joked about his own efforts as president to collude in the 1996 Israeli election to ensure the defeat of Benjamin Netanyahu. “I tried to do it in a way that didn’t overtly involve me,” Clinton said.

.. In his search for Russian collusion, Mueller might also investigate Steele, Glenn Simpson of Fusion GPS, and the Clinton campaign. All used Russian sources to leak unproven gossip and smears to the press in an effort to warp the 2016 election.
In his search for obstruction of justice, Mueller might also investigate whether top DOJ and FBI officials deliberately misled the FISA court by withholding evidence that the Steele dossier was flawed. Did Justice Department officials inform the FISA court that Steele’s dossier was hired research paid for by the Clinton campaign? Did they tell the court that the FBI had stopped using Steele as a source because he purportedly leaked information to the media? Did they tell the court that Comey was on record as saying the Steele dossier might not have been credible?
In his search for obstruction of justice, Mueller might also investigate whether top DOJ and FBI officials deliberately misled the FISA court by withholding evidence that the Steele dossier was flawed. Did Justice Department officials inform the FISA court that Steele’s dossier was hired research paid for by the Clinton campaign? Did they tell the court that the FBI had stopped using Steele as a source because he purportedly leaked information to the media? Did they tell the court that Comey was on record as saying the Steele dossier might not have been credible?
.. In his search for felonious behavior concerning the leaking of classified documents, Mueller might determine:1) Whether Comey’s memos regarding presidential conversations, which Comey leaked to the press, were classified;

2) Whether former top national-security and intelligence officials — among them John Brennan, James Clapper, Samantha Power, Ben Rhodes, and Susan Rice — requested that the redacted names of surveilled Americans be unmasked, and whether officials then illegally leaked those names to the media;

.. 3) Whether FBI officials such as Comey and McCabe leaked confidential findings from their investigations to the press during the 2016 campaign and lied to investigators about it.

Raid on Trump’s Lawyer Sought Records on ‘Access Hollywood’ Tape

The F.B.I. agents who raided the office and hotel of President Trump’s lawyer on Monday were seeking all records related to the “Access Hollywood” tape in which Mr. Trump was heard making vulgar comments about women, according to three people who have been briefed on the contents of a federal search warrant.

The search warrant also sought evidence of whether the lawyer, Michael D. Cohen, tried to suppress damaging information about Mr. Trump during the 2016 presidential campaign.

.. People close to Mr. Trump and Mr. Cohen regard the warrant as an attempt by the special counsel, Robert S. Mueller III, to pry into Mr. Trump’s personal life — using other prosecutors as his proxy.

Trump attacks Mueller ‘witch hunt’ as WH source calls investigation ‘out of control’

President Trump reacted angrily Monday to news that federal agents had raided the office and home of his personal attorney, Michael Cohen — calling the action “disgraceful” and describing special counsel Robert Mueller’s investigation as “an attack on our country.”

.. “It’s a disgraceful situation. It’s a total witch hunt,” said Trump, who claimed that he had “given over a million pages in documents to the special counsel. They continue to just go forward … and I have this witch hunt constantly going on for over 12 months now. Actually it’s much more than that. You could say right after I won the [2016 Republican] nomination it started.”

Trump also accused Mueller’s investigators of being “the most biased group of people [with] the biggest conflicts of interest” and said Attorney General Jeff Sessions “made a terrible mistake for the country” when he recused himself from overseeing the Russia investigation last year.

A source close to the White House told Fox News’ John Roberts that the raid showed that the Mueller investigation “is out of control” and was a “demonstration of bad faith” on the part of the special counsel.

.. Cohen’s attorney, Stephen Ryan, said Monday’s raid was conducted by the U.S. Attorney’s office in Manhattan and was based at least partly on a referral from Mueller.

.. A source close to the Trump legal team told Fox News’ Catherine Herridge that the raid on Cohen was “aggressive” and designed to “squeeze the president.” The source, who has knowledge of talks between Mueller and the president’s legal team, added that the raid “puts a fork in” the prospect of Trump agreeing to be interviewed by the special counsel.

.. Under Justice Department regulations, Mueller is required to consult with Deputy Attorney General Rod Rosenstein when his investigators uncover new evidence that may fall outside his original mandate. Rosenstein then would determine whether to allow Mueller to proceed or to assign the matter to another U.S. attorney or another part of the Justice Department.

.. “Why don’t I just fire Mueller?” asked Trump, repeating a reporter’s question to him Monday night. “Well, I think it’s a disgrace what’s going on. We’ll see what happens, but I think it’s really a sad situation when you look at what happened.

“And many people have said, ‘You should fire him.'” Trump added. “… So we’ll see what happens … this is a pure and simple witch hunt.”

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.