Attorney General

The madness of King Donald and a worst case scenario

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The New York Times reported over the weekend on a 20-page letter sent to the special counsel, Robert S. Mueller III, by President Trump’s shyster lawyers John Down and Jay Sekulow, asserting that the president cannot illegally obstruct any aspect of the investigation into Russia’s election meddling because the Constitution empowers him to, “if he wished, terminate the inquiry, or even exercise his power to pardon.” In short, he cannot obstruct himself. As the nation’s chief law enforcement officer, Trump could “even exercise his power to pardon if he so desired,” they argued.

Trump’s other shyster lawyer, Rudy Giuliani, told the Huffington Post on Sunday that Trump Could Have Shot Comey And Still Couldn’t Be Indicted For It:

Candidate Donald Trump bragged that he could shoot someone on New York’s Fifth Avenue and not lose any support, and now President Donald Trump’s lawyer says Trump could shoot the FBI director in the Oval Office and still not be prosecuted for it.

Giuliani said impeachment was the initial remedy for a president’s illegal behavior ― even in the extreme hypothetical case of Trump having shot former FBI Director James Comey to end the Russia investigation rather than just firing him.

“If he shot James Comey, he’d be impeached the next day,” Giuliani said. “Impeach him, and then you can do whatever you want to do to him.”

This assertion of absolute executive power by Trump’s shyster lawyers is simply a restatement of French King Louis XIV’s assertion that “I am the state.” News Flash: absolute monarchy was rejected by Americans under our Constitution.

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Resist normalizing criminal behavior in the age of Trump

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This is not normal and should not be happening. Period. Full stop.

Today the FBI and intelligence agencies will provide a briefing in an ongoing criminal investigation of the Trump campaign’s “collusion” with Russia to Midnight Run Devin Nunes, the House Intelligence Committee chairman who previously had to recuse himself from his own committee’s Russia investigation because he was caught conspiring with the Trump administration to fabricate the conspiracy theories that the Obama administration surveilled Trump Tower and inappropriately unmasked the identities of Trump campaign officials picked up on signal intelligence to undermine the Special Counsel’s investigation; and Trey “Benghazi!” Gowdy, who spent years promoting Benghazi conspiracy theories against Hillary Clinton that amounted to nothing according to the findings of his own committee reports. These are two of the least credible partisan members of Congress.

More importantly, this meeting is going to occur without the presence of their Democratic counterparts. This is entirely improper and unacceptable. Moreover, Trey Gowdy does not possess the necessary security clearance for this classified intelligence briefing (he is not a member of the Gang of Eight).

There is no doubt that this meeting is certain to result in Nunes and/or Gowdy selectively leaking cherry-picked classified intelligence (a crime) to FAUX News aka Trump TV as soon as today to support the new conspiracy theory of “Spygate,” a label that Trump and his propaganda machine have concocted in order to undermine the Special Counsel’s investigation. The Special Counsel should be considering charging them as accessories to Trump’s conspiracy to obstruct justice, which is what this briefing constitutes.

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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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Right-wing media outs U.S. intelligence asset in pursuit of bogus Trump conspiracy theory

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Just as I predicted on Saturday, it did not take long for the conservative media entertainment complex to out the U.S. intelligence asset who was the “informant” who contacted members of the Trump campaign who were in engaged in suspicious contacts with the Russians.

It is a crime to reveal the identity of a classified intelligence asset. Scooter Libby was convicted for outing Valerie Plame as a CIA NOC.

This intelligence asset, his family, and his entire network of contacts are now in jeopardy, and any other intelligence projects he was working on have now been compromised as a direct result of President Trump and his Republican allies in Congress and the media seeking to out this “informant” in pursuit of their wild conspiracy theory in their efforts to discredit and to undermine the Special Counsel’s Russia investigation.

Axios.com has a good tick-tock of events that led to the outing of this FBI informant (revised):

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Obstruction of justice in plain sight

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Last month after the U.S. Attorney’s office for the Southern District of New York executed search warrants against the homes and offices of Michael Cohen, negotiations between the White House and the Special Counsel for an interview of President Trump reportedly broke down (pro tip: this is all kabuki theater, Trump’s lawyers have absolutely no intention of ever allowing their client whom they know to be a pathological liar to ever sit for an interview, or to testify; Trump will “take the Fifth” in the end).

It was widely reported at the time that the Special Counsel could wrap up the obstruction of justice phase of the investigation “as early as May or as late as July.” Trump, Mueller teams prepare to move forward without presidential interview.

On Sunday, Rudy Giuliani, Trump’s “TV lawyer,” asserted that Mueller Hopes Obstruction Inquiry Into Trump May Wrap Up by Sept. 1:

Mr. Giuliani said that the office of the special counsel, Robert S. Mueller III, shared its timeline about two weeks ago amid negotiations over whether Mr. Trump will be questioned by investigators, adding that Mr. Mueller’s office said that the date was contingent on Mr. Trump’s sitting for an interview. A spokesman for the special counsel’s office declined to comment.

Giuliani has made a number of claims recently about what the Special Counsel has allegedly told him which I find suspect, and which has not been verified by the Special Counsel. For all we know, this shyster lawyer is just making up shit.

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