If Trump Pardons, It Could Be a Crime

President Trump and his lawyers have discussed whether he could pardon his relatives and aides to undercut, or even end, the special counsel’s investigation into charges that his campaign colluded with Russia to influence the 2016 election, The Washington Post reported on Thursday night.

There’s no question that with a stroke of his pen, Mr. Trump can shield his son Donald Trump Jr., his son-in-law, Jared Kushner, and other close associates from potential prosecution. Despite the uproar that would set off, we know by now that Mr. Trump loves the grand gesture, whatever the consequences. Besides, his family is at stake.

.. The president can pardon anyone for any crime at any time — even before a suspect has been charged.

.. If a president sold pardons for cash, though, that would violate the federal bribery statute. And if a president can be prosecuted for exchanging pardons for bribes, then it follows that the broad and unreviewable nature of the pardon power does not shield the president from criminal liability for abusing it.

.. they opened an investigation into possible bribery charges arising out of President Bill Clinton’s pardon of the fugitive financier Marc Rich, whose former wife had donated $450,000

..  person commits a crime when he “corruptly” impedes a court or agency proceeding. If it could be shown that President Trump pardoned his family members and close aides to cover up possible crimes, then that could be seen as acting “corruptly” and he could be charged with obstruction of justice.

.. the Senate split 50-50 on whether to remove President Clinton from office

.. the pardoned individuals might be compelled to testify against Mr. Trump without any recourse to the Fifth Amendment right against self-incrimination, since they would no longer have any concern about incriminating themselves.

.. He could ensure that his family members and aides get off scot-free for any crimes they may have committed during the 2016 campaign. But by extricating those individuals from a legal predicament, he might make his own predicament worse.

Let’s Not Get Carried Away

even if you took a paragon of modern presidents — a contemporary Abraham Lincoln — and you directed a democratically unsupervised, infinitely financed team of prosecutors at him and gave them power to subpoena his staff and look under any related or unrelated rock in an attempt to bring him down, there’s a pretty good chance you could spur even this modern paragon to want to fight back. You could spur even him to do something that had the whiff of obstruction.

.. In the politics of scandal, at least since Watergate, you don’t have to engage in persuasion or even talk about issues. Political victories are won when you destroy your political opponents by catching them in some wrongdoing. You get seduced by the delightful possibility that your opponent will be eliminated. Politics is simply about moral superiority and personal destruction.

.. The politics of scandal is delightful for cable news. It’s hard to build ratings arguing about health insurance legislation. But it’s easy to build ratings if you are a glorified Court TV, if each whiff of scandal smoke generates hours of “Breaking News”

.. Donald Trump rose peddling the politics of scandal — oblivious to policy, spreading insane allegations about birth certificates and other things — so maybe it’s just that he gets swallowed by it. But frankly, on my list of reasons Trump is unfit for the presidency, the Russia-collusion story ranks number 971, well below, for example, the perfectly legal ways he kowtows to thugs and undermines the norms of democratic behavior.

 

Trump: The Presidency in Peril

If Donald Trump leaves office before four years are up, history will likely show the middle weeks of May 2017 as the turning point.

.. If Trump has nothing to hide, he is certainly jumpy whenever the subject comes up and his evident worry about it has caused him to make some big mistakes.

.. Though younger and more composed, Kushner is a lot more like Trump than is generally understood.

  • Both of them moved their father’s businesses from the New York periphery to Manhattan.
  • Like his father-in-law, Kushner came to Washington knowing a lot about real estate deals but almost nothing about government.
  • Both entered the campaign and the White House unfamiliar with the rules and laws and evidently disinclined to check them before acting.

.. Thus, Kushner has reinforced some of Trump’s critical weaknesses.

.. Kushner, who has a high self-regard, has taken on a preposterous list of assignments.

.. He was able somehow (likely through his own leaks) to gain a reputation—along with his wife, Ivanka Trump—as someone who could keep the president calm and prevent him from acting impulsively or unwisely.

.. Richard Nixon, who was a lot smarter than Trump is, similarly misread the way the public would react when he arranged for the firing of his special prosecutor, Archibald Cox

.. Mueller’s investigation is limited to considering criminal acts.

.. His purview doesn’t include determining whether Trump should be held to account for serious noncriminal misdeeds he or his associates may have committed with regard to his election

.. of the three articles of impeachment adopted by the Judiciary Committee against Richard Nixon in 1974, the most important was for “abuse of power.”

.. Unless a single act is itself sufficiently grave to warrant impeachment—for example, treason—a pattern of behavior needs to be found. That could involve, for example, emoluments or obstruction of justice.

 .. Many of what seemed disparate acts—well beyond the famous break-in in the Watergate complex and the cover-up—were carried out in order to assure Nixon’s reelection in 1972, and they amounted to the party in power interfering with the nominating process of the opposition party. That way lay fascism.
.. By definition, impeachable offenses would appear to concern conduct only during a presidency. But a number of constitutional law scholars, including the Harvard Law professor Laurence Tribe, who was dubious at first, believe that if a president or his associates working on his behalf acted corruptly and secretly to rig the election, then the preinaugural period should be included.
.. Trump asked for Flynn’s resignation only on February 13, after stories about Yates’s warning appeared in the press—and then, two days after he fired him, the president called Flynn “a wonderful man.”
.. weirdly, recently told aides that he’d like to have Flynn back in the White House.
.. Flynn, in conversations with outgoing national security adviser Susan Rice during the transition, asked that the Obama administration hold off on its plan to arm Kurdish forces to help the effort to retake Raqqa, the ISIS capital in Syria. Since Flynn was a paid lobbyist for the Turkish government, which strongly opposed the plan, this action could possibly lead to a charge of treason.
.. Flynn was leading the Russians to believe that they’d receive much better treatment under a President Trump and the Russians went along.
.. A big question is whether Flynn discussed such important policy matters with the Russians without the knowledge of the president-elect.
.. Trump tweeted: “Great move on delay (by V. Putin)—I always knew he was very smart!”
.. Brennan testified he was worried that the Russians may even have recruited some Americans to cooperate with their effort to tilt the election.
.. Intelligence analysts picked up conversations by Russians in which they bragged that they’d cultivated Flynn and Manafort and believed they would be useful for influencing Trump. (This doesn’t prove guilt on the part of either man.)
.. Laurence Tribe is gathering what he believes are impeachable offenses committed by Trump.2
.. Tribe sees Trump flouting the constitutional ban on accepting “emoluments”—
.. Trump’s firing of Comey for, as he ultimately admitted, “this Russia thing.”
.. Trump’s saying to Russia’s foreign minister Sergey Lavrov and to Ambassador Kislyak, of firing Comey: “I faced great pressure because of Russia. That’s taken off.”
.. There were also Trump’s efforts very early in the administration to get Comey to pledge “loyalty” to him
.. In another form of pressure, Trump asked Comey when the FBI would announce that he wasn’t under investigation. Comey didn’t respond.
.. Before it was revealed that Comey had taken notes of their conversations, Trump made a not-very-veiled threat that Comey “better hope that there are no ‘tapes’ of our conversations.”
.. Where are all the leaks coming from? Many Republicans want to make this the issue rather than what the leaks reveal, but the fact that they keep coming is a sign of the state of near collapse of the White House staff.
.. It’s not an exaggeration to say that Trump has the most unhappy staff ever, with some feeling a higher duty to warn the public about what they see as a danger to the country.
.. Trump is a nearly impossible person to work for:
  • he screams at his staff when they tell him something he doesn’t want to hear;
  • he screams at them as he watches television news for hours on end and sees stories about himself that he doesn’t like, which is most of them.

.. Leaks are also being made by the intelligence community, many of whom see Trump as a national menace.

.. McMaster has yet to recover his reputation from having emphatically refuted things the Post story didn’t say.

.. Trump’s reckless act is believed to have endangered the life of an Israeli intelligence asset who had been planted among ISIS forces, something extremely hard to pull off.

.. Rosenstein found himself in a meeting with Trump and Attorney General Jeff Sessions (who had supposedly recused himself from any dealings on the campaign and the Russia matter) and under pressure to write a memo expressing his own strong negative views of how Comey had handled Hillary Clinton’s e-mail case. The choices before Rosenstein were to write the report, knowing that Comey was going to be fired anyway, or refuse to and resign or be fired. Then what use could he be?

.. he spoke melodramatically of his anguish in having to decide between two choices: to “speak” or to “conceal.” But many observers believed that he had a third choice: quietly to get a warrant and check out some of the e-mails that had traveled from Clinton’s laptop to her close aide Huma Abedin’s to that of Abedin’s then-husband Anthony Weiner before reopening an investigation, much less announcing one and perhaps affect the outcome of the election.

.. Comey’s testimony also angered Democrats by wildly exaggerating the number of Clinton’s e-mails that had landed on Weiner’s laptop—“hundreds and thousands,” he said, when actually there had been just a handful.

.. Comey’s comment that the thought that his actions may have affected the election made him “mildly nauseous” enraged Trump.

.. Everyone who hewed to the White House line that the firing had been based on Rosenstein’s memo, including Pence, was now embarrassed and lost credibility with the press and the public.

.. the respected Cook Report anticipates substantial Republican losses in the House. Republicans are starting to panic.

..Their challenge is how to overcome the twin blights of

  1. Trump’s chaotic governing and
  2. his lack of achievements on Capitol Hill

.. unlike Nixon, he can also make use of social media, Fox News, and friendly talk shows to keep them loyal.

.. Trump is, for all his deep flaws, in some ways a cannier politician than Nixon; he knows how to lie to his people to keep them behind him.

.. The critical question is: When, or will, Trump’s voters realize that he isn’t delivering on his promises,

  • that his health care and tax proposals will help the wealthy at their expense,
  • that he isn’t producing the jobs he claims?
  • His proposed budget would slash numerous domestic programs, such as food stamps, that his supporters have relied on heavily. (One wonders if he’s aware of this part of his constituency.)

 

Impatient for Impeachment

How will Trump deal with a stacked deck?

Mueller’s sterling character has eased concerns about the fact that he and Comey are longtime friends. But some of the investigators and advisers he’s hired have had the opposite effect. Paul Mirengoff, a Washington lawyer and contributor to the Power Line blog, looked into the political backgrounds of some of them and found a left-winger, donors to Hillary Clinton’s campaign, and a lawyer named Jeannie Rhee who “provided legal services for the Clinton Foundation.”

.. Rhee also donated $5,400 to Hillary Clinton’s campaign PAC. Mirengoff writes: “As bitter as the Clintonistas are about losing the election (or rather having it ‘stolen’ by the Russians), it seems unconscionable that Rhee would be on a team that will decide whether to prosecute President Trump at the end of a ‘Russian interference’ election.”