abuse of power

Protecting the Special Counsel from a ‘slow-motion Saturday night massacre’

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Neal Katyal, the Justice Department lawyer who wrote the rule book for the office of Special Counsel, offers his advice to what may be the next step in the “slow-motion Saturday night massacre” on Thursday, when Deputy Attorney General Rod Rosenstein meets with President Trump. How Rosenstein can protect the Mueller investigation — even if he’s fired:

Thursday’s meeting between Deputy Attorney General Rod J. Rosenstein and President Trump carries the highest of stakes: Besides special counsel Robert S. Mueller III, Rosenstein is the most important person involved in the investigation of the Trump administration’s possible ties to Russian interference in the 2016 election. That is by design. The special counsel regulations, which I had the privilege of drafting in 1999, make Rosenstein what corporate mavens call a “key man.” If Rosenstein is removed, Trump could very easily cripple the investigation.

The president knows it. Trump’s attorney, Jay Sekulow, this week called for Solicitor General Noel Francisco, who would probably replace Rosenstein in overseeing Mueller’s work if Rosenstein leaves office, to “pause” the investigation and to take “a step back.”

Which is why Rosenstein should prepare for Thursday by sending Congress, through appropriate channels, a description of the evidence of wrongdoing Mueller has already turned up. There’s no way to know what a meeting with the volatile president might bring. And the search for the truth might depend on what steps Rosenstein takes beforehand.

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(Update) A sham hearing and a denial of due process

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This. Is. Not. Normal.

This is unprecedented for a confirmation hearing.

The eleven privileged white male Republicans on the Senate Judiciary Committee are going to hide behind the skirts of a hired gun female prosecutor to question Christine Blasey Ford and Judge Brett Kavanaugh because they cannot contain their obvious contempt for a woman who is the victim of a sexual assault and express their view that the real victim here is privileged white male Brett Kavanaugh.

Senator Bob Corker (R-TN) concedes that GOP men can’t be trusted to treat Dr. Ford appropriately during hearing:

Sen. Bob Corker (R-TN) is praising the move by GOP Judiciary Committee members to use outside counsel to question the accuser of Supreme Court nominee Brett Kavanaugh during Thursday’s hearing. It’s pure genius, he said, because, frankly, GOP men simply can’t be trusted to act culturally appropriate toward a woman.

“I think it’s really smart of them to get outside counsel,” Corker told reporters on Capitol Hill Tuesday. When asked why he thought the all-male Republican members of the panel shouldn’t handle the questioning of Dr. Christine Blasey Ford themselves, Corker responded:

“Somebody will do something that you guys will run 24/7 and inadvertently somebody will do something that’s insensitive.”

Gee, “insensitive” like calling Dr. Blasey Ford “mixed up” such as Sen. Orrin Hatch (R-UT) did or saying her sexual assault claims have been a “drive-by shooting” of Kavanaugh like Sen. Lindsey Graham (R-SC) did? Both are members of the Judiciary Committee but, really, how could any man be expected to know that dismissing a PhD and trauma victim as “this woman” or “that lady” is sexist? C’mon, give the fellas a break—people are so touchy touchy these days about basic human decency.

“Gee, what could possibly be more sexist than hiring a woman to do the dirty work while the men ultimately continue to retain all the power?”

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Abuse of power and obstruction of justice in plain sight

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Russian asset and crime family boss Donald Trump just keeps digging his hole deeper with the Special Counsel’s investigation.

Yesterday he added two more counts, for abuse of power and obstruction of justice. The GOP House Freedom Caucus co-conspirators who are aiding and abetting his crimes should also be charged.

Steve Benen does a good job of breaking it down. Trump ignores security, crosses ‘red line’ with declassification gambit:

Donald Trump’s abuses have become routine, but that doesn’t make them any easier to tolerate. The president’s move yesterdayafternoon, for example, is awfully tough to defend.

In an unprecedented move that stunned current and former intelligence officials, President Donald Trump on Monday ordered the public release of highly classified documents and text messages related to the FBI investigation into whether his campaign conspired with Russia.

A statement by the White House press office said Trump had directed the Office of the Director of National Intelligence (ODNI), the Department of Justice and the FBI to declassify about 20 pages of a highly sensitive application for surveillance against Carter Page, a one-time Trump foreign policy aide.

The president suggested two weeks ago that he was considering such a move, but many hoped Trump was just blowing off steam and he’d end up in a more responsible place. That’s obviously not what happened.

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The GOP’s war on the Department of Justice and the rule of law

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When President Trump publicly demanded that the Justice Department open an investigation into the F.B.I.’s scrutiny of his campaign contacts with Russia, he crossed over a well-established bright line norm of constraint on executive power: The White House does not make decisions about individual law enforcement investigations. The independence of the Department of Justice is to be respected and preserved.

This is especially true when the president himself is the subject of a criminal investigation, or he would abuse the Department of Justice and use it as a weapon against his political opponents. This is what authoritarian despots do in a dictatorship or a banana republic.

This is precisely where the authoritarian Donald Trump and his Republican enablers in Congress are taking this country. They are engaged in the destruction of our long-cherished democratic institutions and norms, and the rule of law.

Charlie Savage writes at the New York Times, By Demanding an Investigation, Trump Challenged a Constraint on His Power:

“It’s an incredible historical moment,” said Rebecca Roiphe, a professor at New York Law School who helped write a coming scholarly article on the limits of presidential control over the Justice Department. Mr. Trump’s move, she said, “is the culmination of a lot of moments in which he has chipped away at prosecutorial independence, but this is a direct assault.”

Almost since he took office, Mr. Trump has battered the Justice Department’s independence indirectly — lamenting its failure to reopen a criminal investigation of Hillary Clinton that found no wrongdoing, and openly complaining that Attorney General Jeff Sessions recused himself from the Russia inquiry. But he had also acknowledged that as president, “I am not supposed to be involved with the Justice Department,” as he told a radio interviewer with frustration last fall.

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Trump’s personal animosity for Jeffrey Bezos results in abuse of power a la Nixon

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Included in the Articles of Impeachment for President Richard M. Nixon adopted by the House Judiciary Committee on July 27, 1974 was Article 2 for “abuse of power,” which included ordering the IRS to audit his “political enemies” list.

We are now confronted with a parallel abuse of power by President Donald Trump, albeit by a different federal agency. The Washington Post reports, Trump personally pushed postmaster general to double rates on Amazon, other firms:

President Trump has personally pushed U.S. Postmaster General Megan Brennan to double the rate the Postal Service charges Amazon.com and other firms to ship packages, according to three people familiar with their conversations, a dramatic move that probably would cost these companies billions of dollars.

Brennan has so far resisted Trump’s demand, explaining in multiple conversations occurring this year and last that these arrangements are bound by contracts and must be reviewed by a regulatory commission, the three people said. She has told the president that the Amazon relationship is beneficial for the Postal Service and gave him a set of slides that showed the variety of companies, in addition to Amazon, that also partner for deliveries.

The Wall Street Journal  reported last month that White House officials, eager to help the president understand reality, have put together “PowerPoint presentations and briefing papers they believed debunked his concerns.”

Despite these presentations, Trump has continued to level criticism at Amazon. And last month, his critiques culminated in the signing of an executive order mandating a government review of the financially strapped Postal Service that could lead to major changes in the way it charges Amazon and others for package delivery. See, Bloomberg, Trump Orders Post Office Review After Attacks on Amazon.

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