Department of Justice

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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It is time for Congress to act to protect the Special Counsel investigation

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Axios reported Monday morning that Deputy Attorney General Rod Rosenstein  “has verbally offered to resign to White House Chief of Staff John Kelly, according to a source close to Rosenstein, but as of now, it’s unclear whether his resignation has been accepted.”

Well, that set off a cable news frenzy, so I hear. Headlines blared that Rosenstein had been summoned to the White House where he ws expected to resign or be fired. Rosenstein was filmed arriving and departing the White House.

It now appears that all the excitement was a bit premature: Rosenstein will meet with Donald Trump on Thursday to discuss his future at DOJ.

This all has to do with a New York Times report from Friday, citing sources who were not participants in the room at the time of the conversations reported. Rod Rosenstein Suggested Secretly Recording Trump and Discussed 25th Amendment:

The deputy attorney general, Rod J. Rosenstein, suggested last year that he secretly record President Trump in the White House to expose the chaos consuming the administration, and he discussed recruiting cabinet members to invoke the 25th Amendment to remove Mr. Trump from office for being unfit.

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Mr. Rosenstein made the remarks about secretly recording Mr. Trump and about the 25th Amendment in meetings and conversations with other Justice Department and F.B.I. officials. Several people described the episodes in interviews over the past several months, insisting on anonymity to discuss internal deliberations. The people were briefed either on the events themselves or on memos written by F.B.I. officials, including Andrew G. McCabe, then the acting bureau director, that documented Mr. Rosenstein’s actions and comments.

The Washington Post, which cites participants who were in the room for the conversations says the remark was sarcastic. NBC News also had a competing account, which includes Rosenstein “joking when he discussed wearing a wire.”

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The FOX News presidency is a threat to U.S. national security

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I previously posted about how the intelligence agencies and the Department of Justice believe that President Trump has “crossed a red line” in ordering the declassification of the Carter Page FISA warrant applications and emails of FBI and Department of Justice personnel in pursuit of his “deep state” conspiracy theory concocted by his co-conspirators in obstruction of justice in the GOP House Freedom Caucus and House Intelligence Committee chairman Rep. Devin Nunes. Abuse of power and obstruction of justice in plain sight.

It turns out that Trump has not even read these documents, and is ordering them released on the advice of his “FOX News cabinet” of advisors who want the materials to further their “deep state” conspiracy theory effort to discredit federal law enforcement agencies and the Special Counsel’s Russia investigation. Trump ordered the government to declassify information he apparently hasn’t read:

It wasn’t a surprise when the White House announced Monday that it was ordering the Justice Department to declassify a set of material related to the genesis of the investigation into Russian interference in the 2016 election. For weeks, President Trump’s allies on Fox News and in the House had been echoing one another’s calls to do precisely that.

So on Monday, that very specific order from Trump: Declassify precisely those pages of the application for a warrant to surveil former Trump campaign adviser Carter Page that were mentioned in a news conference held by 12 staunchly Trump-loyal members of the House in September. What’s more, Trump ordered the department to declassify text messages involving a number of names familiar to the Fox News audience. Former FBI agent Peter Strzok, Justice Department official Bruce Ohr and so on.

Those elected officials and the Fox News hosts who echoed their demand insisted that the declassifications would demonstrate anti-Trump rot in the Justice Department. Rep. Devin Nunes (R-Calif.) promised that revelation would help Republicans win in November.

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Roll Call: Kavanaugh Accuser’s Schoolmate Says Assault Was Chatter at School Afterward

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As I said in the previous post, the FBI needs to complete a background check of the allegations of Christine Blasey Ford before any testimony before the Senate Judiciary Committee:

The FBI could discover circumstantial evidence which matches Dr. Blasey’s description of events and speak to other persons who were at the party in question who could corroborate Dr. Blasey’s description of events (she went upstairs with Kavanaugh and Judge, locked herself in a bathroom, fled the party, etc.) Someone at that party must have saw something. Republicans don’t want to take that risk.

Roll Call reports today that Dr. Blasey’s sexual assault was “chatter” among her classmates contemporaneously around the time that it occurred. Someone at that party must have saw something, and the White House by refusing to request the FBI to conduct a follow-up background investigation is actively engaged in a coverup. Kavanaugh Accuser’s Schoolmate Says Assault Was Chatter at School Afterward:

A schoolmate of Christine Blasey Ford, the California psychology professor who has accused Supreme Court nominee Brett Kavanaugh of sexually assaulting her when they were in high school, backed Ford’s claim Wednesday in a letter she posted to Facebook.

“Christine Blasey Ford was a year or so behind me, I remember her,” wrote Cristina King Miranda, who graduated a year ahead of Ford at Holton-Arms School in Bethesda, Maryland. Holton-Arms is an all-girls school whose students frequently socialized with Kavanaugh’s all-male alma mater, Georgetown Prep.

“This incident did happen,” Miranda wrote. “Many of us heard about it in school and Christine’s recollection should be more than enough for us to truly, deeply know that the accusation is true.”

In order for this to have been chatter at the school contemporaneously around the time that it occurred, it means that someone at that party must have saw something and there are corroborating witnesses whom the FBI has not interviewed solely because the White House has refused to direct the FBI to do a  follow-up background investigation.

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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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