Impeachment

Trump gives his pal Putin some early Christmas gifts

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Russian asset and unindicted co-conspirator Donald Trump has given his pal Putin some early Christmas gifts, just what Putin wanted for Christmas.

The “collusion” between the Trump campaign and Putin’s Russia was all about lifting sanctions on Russia. Trump’s campaign manager Paul Manafort reported directly to Oleg Deripaska, a Russian oligarch and close friend of Putin. On Wednesday, Trump lifted sanctions on Oleg Deripaska’s companies (a preview of sanctions relief to come?) Trump admin to lift sanctions on firms owned by Russian oligarch Deripaska:

The Treasury Department announced Wednesday that it would lift financial sanctions on Deripaska’s aluminum company, United Co. Rusal, as well as En+ Group plc and JSC EuroSibEnergo in 30 days, after Deripaska agreed to reduce his ownership stake in each of the companies to below 50 percent.

“Treasury sanctioned these companies because of their ownership and control by sanctioned Russian oligarch Oleg Deripaska, not for the conduct of the companies themselves,” Treasury Secretary Steven Mnuchin said in a statement.

“These companies have committed to significantly diminish Deripaska’s ownership and sever his control. The companies will be subject to ongoing compliance and will face severe consequences if they fail to comply,” he continued.

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A White House Under Siege (Updated)

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The cascade of investigations into the Trump crime family of grifters accelerated late last week with the Wall Street Journal reporting that the Trump Inauguration Committee is under investigation, Trump Inauguration Spending Under Criminal Investigation by Federal Prosecutors (subscriber content), and the New York Times following up to add that a Trump Super PAC is also under criminal investigation. Trump Inaugural Fund and Super PAC Said to Be Scrutinized for Illegal Foreign Donations:

Federal prosecutors are examining whether foreigners illegally funneled donations to President Trump’s inaugural committee and a pro-Trump super PAC, Rebuilding America Now, in hopes of buying influence over American policy, according to people familiar with the inquiry.

The inquiry focuses on whether people from Middle Eastern nations — including Qatar, Saudi Arabia and the United Arab Emirates — used straw donors to disguise their donations to the two funds. Federal law prohibits foreign contributions to federal campaigns, political action committees and inaugural funds.

The line of questioning underscores the growing scope of criminal inquiries that pose a threat to Mr. Trump’s presidency.

The inquiry into potential foreign donations to the inaugural fund and the super PAC is yet another front being pursued by multiple teams of prosecutors.

MSNBC put together a graphic for the burgeoning number of  investigations.

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The Washington Post attempts to summarize all of the current investigations that are known. Mounting legal threats surround Trump as nearly every organization he has led is under investigation:

Two years after Donald Trump won the presidency, nearly every organization he has led in the past decade is under investigation.

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Yes, a sitting president can be indicted for criminal misconduct (Updated)

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Lazy media villagers and cable news jockeys — lookin’ at you Chuck Todd –rotely recite that the Office of Legal Counsel has legal memorandums which say that a sitting president cannot be indicted, “so whatcha gonna do” about Donald Trump?

This is an unsettled question of law.  If you actually read the lengthy OLC memos in full, you will find that the OLC first found that a sitting president can be indicted irrespective of any impeachment proceeding by law, but then made a policy argument against the Department of Justice from doing so.

In contrast, independent counsels Leon Jaworski and Kenneth Star both prepared legal memorandums which found that a grand jury could indict a sitting president, and Ken Starr even had an indictment prepared, which he decided not to pursue (see below the fold).

With Republicans in Congress aiding and abetting obstruction of justice by Donald Trump and expressing their willingness to abdicate their constitutionally prescribed duty to permit Trump’s ongoing criminal misconduct to continue unimpaired by Congress, GOP shrugs at Trump’s involvement in Cohen crimes, and ‘I Don’t Care’: GOP Senators Dismiss Allegations Against Trump, effectively rendering the impeachment clause remedy a nullity (i.e., jury nullification), the indictment of Donald Trump by Robert Mueller for his criminal misconduct may be necessary in order to obtain justice.

44 former U.S. Senators are so concerned about Trump’s criminal misconduct and Senate Republicans willingness to abdicate their responsibilities that they are literally pleading with senators to do their constitutionally prescribed duty in an extraordinary letter. We are former senators. The Senate has long stood in defense of democracy — and must again.

Harvard law professor Laurence Tribe was a guest on The Last Word with Lawrence O’Donnell to explain that there is nothing in the Constitution that prevents the indictment of a sitting president. Video Link.

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It’s Mueller Time!

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Investigative reporter Michael Isikoff reports that Mueller is preparing endgame for Russia investigation:

Special counsel Robert Mueller’s prosecutors have told defense lawyers in recent weeks that they are “tying up loose ends” in their investigation, providing the clearest clues yet that the long-running probe into Russia’s interference in the 2016 election may be coming to its climax, potentially in the next few weeks, according to multiple sources close to the matter.

The new information about the state of Mueller’s investigation comes during a pivotal week when the special counsel’s prosecutors are planning to file memos about three of their most high profile defendants — former Trump national security adviser Michael Flynn, former Trump campaign chairman Paul Manafort and former Trump personal lawyer Michael Cohen.

A Flynn sentencing memo is due Tuesday, and memos about Manafort and Cohen are slated for Friday. All three documents are expected to yield significant new details on what cooperation the three of them provided to the Russia investigation.

There has been much speculation that Mueller might file his memo in Manafort’s case under seal in order to prevent public disclosure of the additional crimes his office believes Manafort committed when he allegedly lied to prosecutors and broke a plea deal after agreeing to cooperate.

But Peter Carr, spokesman for the special counsel, confirmed to Yahoo News on Monday that the Manafort memo “will be public,” although he added there could be some portions that are redacted or filed as a sealed addendum. The Manafort memo has been requested by the federal judge in his case so that prosecutors could, for the first time, spell out what matters they believe Manafort has lied to them about.

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The constitutional crisis coming after Election Day

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This is really information voters should have available before Election Day in order to make an informed decision, but due to long-standing Justice Department custom, prosecutors are generally advised to avoid public disclosure of investigative steps involving a candidate for office or related to election matters within 60 days of an election.

The Justice Department’s Inspector General recently noted in a report about the 2016 election: “The 60-Day Rule is not written or described in any Department policy or regulation. Nevertheless, high-ranking Department and FBI officials acknowledged the existence of a general practice that informs Department decisions.” So here we are.

Bloomberg News reports today, Mueller Ready to Deliver Key Findings in His Trump Probe, Sources Say:

Special Counsel Robert Mueller is expected to issue findings on core aspects of his Russia probe soon after the November midterm elections as he faces intensifying pressure to produce more indictments or shut down his investigation, according to two U.S. officials.

Specifically, Mueller is close to rendering judgment on two of the most explosive aspects of his inquiry: whether there were clear incidents of collusion between Russia and Donald Trump’s 2016 campaign, and whether the president took any actions that constitute obstruction of justice, according to one of the officials, who asked not to be identified speaking about the investigation.

That doesn’t necessarily mean Mueller’s findings would be made public if he doesn’t secure unsealed indictments. The regulations governing Mueller’s probe stipulate that he can present his findings only to his boss, who is currently Deputy Attorney General Rod Rosenstein. The regulations give a special counsel’s supervisor some discretion in deciding what is relayed to Congress and what is publicly released.

The question of timing is critical. Mueller’s work won’t be concluded ahead of the Nov. 6 midterm elections, when Democrats hope to take control of the House and end Trump’s one-party hold on Washington.

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