DNC sues the Trump Campaign, Russia and Wikileaks

Donald Trump’s consigliere Michael Cohen proved to me that he is not a lawyer. If he was, he would have known that filing a civil lawsuit against Stormy Daniels and against Buzzfeed allowed them to conduct legal discovery. He learned a valuable lesson this week.

Now that he knows he is under criminal investigation by the U.S. Attorney’s office for the Southern District of New York, he cannot afford to have a parallel civil case where discovery is also being conducted. Cohen drops libel suits against BuzzFeed, Fusion GPS.

Trump’s friend David Pecker at the trash rag National Enquirer took notice as well this week in its case with Trump’s former girlfriend, Karen McDougal. The first domino just fell after the Michael Cohen raid:

The former Playboy playmate reached a settlement Wednesday with American Media, which publishes the National Enquirer, in a deal that allows her to spill about her alleged months-long affair with President Trump. And importantly, the terms of the deal appear quite favorable to McDougal. One possible reason, according to reports and experts: The Cohen raid bolstered her case.

Experts say the combination of that and the favorable terms of the settlement — McDougal basically has to share only a small portion of the profits she might make from selling her story — suggest AMI was worried about what lay ahead.

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Beg your pardon, but this is obstruction of justice hiding in plain sight

Last Friday, Donald Trump’s consigliere Michael Cohen was in court on a motion to suppress evidence seized in a raid by the FBI on his office, home, and hotel room, and a bank deposit box. (It did not go well for him on Monday).

Trump called Cohen on Friday to “check in,” according to two people briefed on the call. Depending on what else was discussed, the call could be problematic, as lawyers typically advise their clients against discussing investigations. Trump Sees Inquiry Into Cohen as Greater Threat Than Mueller.

This could be viewed as witness intimidation or tampering, or even suborning perjury. “Don’t say nothing, Mikey. You keep your mouth shut! You know whadda mean?

Federal prosecutors revealed Friday that Cohen has been under criminal investigation for months and that they have impaneled a grand jury to probe his business dealings.

Donald Trump sent another message to Michael Cohen on Friday to keep his mouth shut: he pardoned Scooter Libby, who was convicted of one count of obstruction, two counts of perjury and one count of lying to the FBI about how he learned of Valerie Plame’s identity and whom he told (leaking classified information, Valerie Plame was a nonofficial cover (NOC) CIA spy, putting her life and those of all her known associates and contacts at risk). Jurors Convict Libby on Four of Five Charges.

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Did Trump’s lawyer John Dowd raise the prospect of a pardon to witnesses?

The New York Times, and others, reported this week that President Trump’s lawyer John Dowd – who has resigned – broached the idea of President Trump’s pardoning two of his former top advisers, Michael T. Flynn and Paul Manafort, with their lawyers last year, according to three people with knowledge of the discussions. Trump’s Lawyer Raised Prospect of Pardons for Flynn and Manafort:

The discussions came as the special counsel was building cases against both men, and they raise questions about whether the lawyer, John Dowd, who resigned last week, was offering pardons to influence their decisions about whether to plead guilty and cooperate in the investigation.

The talks suggest that Mr. Trump’s lawyers were concerned about what Mr. Flynn and Mr. Manafort might reveal were they to cut a deal with the special counsel, Robert S. Mueller III, in exchange for leniency. Mr. Mueller’s team could investigate the prospect that Mr. Dowd made pardon offers to thwart the inquiry, although legal experts are divided about whether such offers might constitute obstruction of justice.

Mr. Dowd’s conversation with Mr. Flynn’s lawyer, Robert K. Kelner, occurred sometime after Mr. Dowd took over last summer as the president’s personal lawyer, at a time when a grand jury was hearing evidence against Mr. Flynn on a range of potential crimes. Mr. Flynn, who served as Mr. Trump’s first national security adviser, agreed in late November to cooperate with the special counsel’s investigation. He pleaded guilty in December to lying to the F.B.I. about his conversations with the Russian ambassador and received favorable sentencing terms.

Mr. Dowd has said privately that he did not know why Mr. Flynn had accepted a plea, according to one of the people. He said he had told Mr. Kelner that the president had long believed that the case against Mr. Flynn was flimsy and was prepared to pardon him, the person said.

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AG Jeff Sessions’ repeated violations of his recusal from DOJ probes

Confederate Attorney General Jefferson Beauregard Sessions III said during his confirmation hearing in January 2017 that he would recuse himself from any potential investigations of former secretary of state and presidential candidate Hillary Clinton if he were confirmed as attorney general. Jeff Sessions Says He Would Recuse Himself from Any Investigations into Hillary Clinton.

On March 2, 2017, Sessions announced that he would also recuse himself from any investigations related to the 2016 presidential campaign, which would include any Russian interference in the electoral process. Attorney General Jeff Sessions will recuse himself from any probe related to 2016 presidential campaign. (This is what almost got him fired by President Trump).

Deputy Attorney General Rod Rosenstein is supposed to be in charge of these probes. Period.

But Jeff Sessions has repeatedly violated his recusal, which is a violation of the Rules of Professional Conduct for attorneys, and may also constitute his aiding and abetting a conspiracy to obstruct justice.

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The social media leg of the Special Counsel’s Russia investigation comes into focus (Updated)

Cambridge Analytica is a company created by Robert Mercer, a billionaire patron of right-wing outlets like Breitbart News. Mercer’s daughter, Rebekah, is a board member. Donald Trump’s campaign manager, Steve Bannon, is a former vice president of Cambridge Analytica, and the former editor of Breitbart News. Trump confidant Gen. Michael Flynn also had “a brief advisory role” with Cambridge Analytica. Cambridge Analytica, the shady data firm that might be a key Trump-Russia link, explained:

Cambridge Analytica specializes in what’s called “psychographic” profiling, meaning they use data collected online to create personality profiles for voters. They then take that information and target individuals with specifically tailored content.

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In June 2016, the Trump campaign hired Cambridge Analytica to take over its data operations.

We know from the reporting of Nicholas Confessore and Danny Hakim at the New York Times that Jared Kushner, who was charged with overseeing Trump’s digital operations, is the reason Cambridge Analytica joined the Trump campaign.

Kushner hired a man named Brad Parscale, a Texas-based digital expert who had worked previously for team Trump. According to Confessore and Hakim, Cambridge Analytica convinced Parscale (who has since agreed to be interviewed by the House Intelligence Committee) to “try out the firm.” The decision was reinforced by Trump’s campaign manager, Steve Bannon, a former vice president of Cambridge Analytica.

It’s not clear to what extent Cambridge Analytica helped (Parscale denied that Cambridge was of any use in a recent 60 Minutes interview), but we do know that Trump’s digital operation was shockingly effective. Samuel Woolley, who heads the Computational Propaganda project at Oxford’s Internet Institute, found that a disproportionate amount of pro-Trump messaging was spread via automated bots and anti-Hillary propaganda. Trump’s bots, they reported at the time of the election, outnumbered Clinton’s five to one.

Pro-Trump programmers “carefully adjusted the timing of content production during the debates, strategically colonized pro-Clinton hashtags, and then disabled activities after Election Day.”

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