Daily Archives: December 5, 2018

Discovery in Emoluments Clause case to be resisted by the Grifter-in-Chief

Grifter-in-Chief Donald Trump’s lawyers made a desperate last-minute bid over the weekend to block the discovery process in the Emoluments Clause case filed by the Attorneys general of Maryland and the District of Columbia.  U.S. District Court Judge Peter Messitte rejected their arguments.

The attorneys general of Maryland and the District of Columbia have wasted no time in seeking discovery. Maryland and District of Columbia Seek Business Records Related to Trump Hotel:

The State of Maryland and the District of Columbia began issuing subpoenas on Tuesday for records related to President Trump’s hotel in Washington, seeking evidence of conflicts of interest that violate the Constitution’s anti-corruption provision.

See Subpoena For Documents (.pdf) to U.S. Department of Commerce (for payments made to Trump International Hotel, etc.), and Subpoena For Documents (.pdf) to DJT Holdings, LLC (for financial records from as many as 13 of President Trump’s private entities, including all state and federal business income tax returns, etc.) Production of documents is due on January 3, 2019.

The subpoenaed documents could lead to depositions with Trump Organization officials.

Their demands for a vast array of documents, including tax records related to the president’s business, are certain to run headlong into a legal challenge by the administration. The Justice Department is expected to contest rulings by a federal judge who allowed the litigation to go forward, and the case appears bound for the Supreme Court.

The governments of Maryland and the District of Columbia are claiming that Mr. Trump is violating the emoluments clauses of the Constitution by accepting payments from foreign leaders or state officials who patronize the Trump International Hotel, which is on Pennsylvania Avenue just blocks from the White House. They are seeking documents from about a dozen entities connected to Mr. Trump’s business, including the trust in which he placed assets when he became president, as well as from numerous other entities.

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Michael Flynn sentencing memorandum indicates that the Special Counsel is far from done

The media waited with bated breath in high anticipation of the release of Special Counsel Robert Mueller’s sentencing memorandum for Michael Flynn, hoping that it would lay out a more complete narrative of his case, as the indictments previously filed have done.

The media was disappointed by the Sentencing Memorandum (.pdf) and heavily redacted Addendum (.pdf). This is because Michael Flynn is a cooperating witness in at least three criminal investigations that are ongoing, and the Special Counsel must maintain this information as confidential. The non-public sentencing memorandum is filed under seal.

Andrew Prokop at Vox.com analyses, 4 takeaways from Mueller’s sentencing memo for Michael Flynn:

[T]here’s a lot in the text itself and between the redacted lines in the documents, amounting to four key takeaways.

First off, Mueller is quite happy with Flynn’s cooperation — happy enough to recommend that he serve no prison time. (This is a notable contrast to the positively scathing memo Mueller’s team wrote about George Papadopoulos, in which they said he did not provide “substantial assistance” and complained that he talked to the press.)

Second, Flynn is cooperating in not one but three different investigations — Mueller’s investigation of the Trump campaign’s ties to Russia, a separate criminal probe, and a third investigation of some kind. But most of the details of these other probes are redacted, including even the type of the third investigation.

Third, the cooperation Flynn provided to Mueller’s probe specifically appears to break down into two main areas. One focused on contacts between the Trump transition team and Russia, but we don’t know what the other one is yet.

Finally, the many redactions indicate that there’s still a whole lot going on behind the scenes that Mueller doesn’t yet want the public to know about.

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Face It: Republican Leaders do not believe in Democracy

It should be apparent to most political observers that the Party of Lincoln is dead at the local. state, and federal levels. It has been replaced by a Party (called Trumpist) that rejects everything democracy and republics profess to be about.

This did not start with Donald Trump. This evolution has been proceeding since 1965 when ex Dixiecrats in the Democratic Party forged ties in corporate interests in the Republican and foreign policy hawks that produced the Reagan Presidency, the Gingrich House, and the George W. Bush Administration.

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