obstruction of justice

Paul Manafort fails in one court, likely to fail in the other court as well

by

A federal judge in Washington, D.C. refused Tuesday to throw out criminal charges brought by special counsel Robert Mueller against former Trump campaign chairman Paul Manafort. Judge rejects Manafort claim that Mueller overreaching in probe:

Judge Amy Berman Jackson said the indictment “falls squarely within that portion of the authority granted to the Special Counsel that Manafort finds unobjectionable,” namely the order to investigate any links coordination between the Russian government and individuals associated with the campaign.

“Manafort was, at one time, not merely ‘associated with,’ but the chairman of, the Presidential campaign, and his work on behalf of the Russia-backed Ukrainian political party and connections to other Russian figures are matters of public record. It was logical and appropriate for investigators tasked with the investigation of ‘any links’ between the Russian government and individuals associated with the campaign to direct their attention to him,” the judge wrote.

Manafort had argued that Deputy Attorney General Rod Rosenstein improperly gave Mueller authority to investigate “any matters that arose or may arise directly from” the investigation of collusion with Russia. His lawyers said that violated Justice Department regulations which specify that a special counsel is appointed to investigate a specific matter.

What Rosenstein gave Mueller, Manafort’s lawyers said, amounted to “a blank check to be filled in after the fact.”

Jackson’s decision rejecting that claim also said the special counsel rules are for the internal management of the Justice Department and do not create any right to sue. Even if they did establish such a right, she said, Mueller didn’t violate them.

Judge Jackson has set a trial date in this case to begin September 17. Judge sets Sept. 17 trial date for Manafort on Mueller charges.

Mueller filed similar criminal charges in Alexandria, Virginia, and on May 4, Manafort’s lawyers urged Federal District Court Judge T.S. Ellis to toss them out, too. Ellis appeared to be somewhat receptive to their argument, taunting members of Mueller’s team.

“You don’t really care about Mr. Manafort’s bank fraud. Well, the government does. You really care about what information Mr. Manafort can give you that would reflect on Mr. Trump or lead to his prosecution or impeachment or whatever. That’s what you’re really interested in,” he said.

Read more

Senate Judiciary Committee releases Donald Trump, Jr. transcripts

by

The Senate Judiciary Committee on Wednesday released 1,800 pages of interview transcripts (.pdf) from Donald Trump Jr.’s testimony about a controversial meeting at Trump Tower in June 2016 with a Russian lawyer who has since admitted to being an “informant” for the Kremlin.

Donny Jr. was interviewed, not under oath, and not particularly aggressively questioned by committee staff.

Donny Jr. pulled an “Ollie North” with repeated denials of being able to recall details that a witness who has prepped for his testimony would be expected to be able to recall, or could refresh his recollection by referring to documents. 54 things Donald Trump Jr. couldn’t ‘recall’ or ‘remember’ in his testimony:

If there’s one thing Donald Trump Jr. cleared up with his congressional testimony, it’s that he doesn’t remember a lot of things.

In a newly released transcript of his testimony, Trump repeatedly couched his answers about that June 2016 Trump Tower meeting by saying he did not “remember” or that he didn’t “recall” certain things. Even when he was pretty sure, he’d say “not that I recall” or something like that. The result was a pretty cagey piece of testimony.

Below is a list of 54 substantive issues on which Trump cited his lack of a memory:

Read more

Cohen payments get curiouser and curiouser (Updated)

by

Last week we were left wondering how Michael Avenatti, Stormy Daniels attorney, got his hands on Michael Cohen’s financial information, which appeared to come from a Suspicious Activity Report (SAR). Avenatti’s memo was quickly confirmed by news media outlets.

We still don’t know how Avenatti got his hands on the SAR report, but we now know how the media was able to confirm the financial information in his memo so quickly: a government whistleblower provided the news media with a copy of the SAR report.

The New Yorker reports, Missing Files Motivated the Leak of Michael Cohen’s Financial Records:

Last week, several news outlets obtained financial records showing that Michael Cohen, President Trump’s personal attorney, had used a shell company to receive payments from various firms with business before the Trump Administration. In the days since, there has been much speculation about who leaked the confidential documents, and the Treasury Department’s inspector general has launched a probe to find the source. That source, a law-enforcement official, is speaking publicly for the first time, to The New Yorker, to explain the motivation: the official had grown alarmed after being unable to find two important reports on Cohen’s financial activity in a government database. The official, worried that the information was being withheld from law enforcement, released the remaining documents.

Read more

Rep. Devin Nunes would endanger a top-secret intelligence source in his quest to obstruct justice in the Russia investigation

by

The New York Times reported last week that top Justice Department and FBI officials “suspect that some GOP lawmakers were using their oversight authority to gain intelligence” about the Special Counsel’s evidence and work product in the Russia probe that could be handed over to the White House.

As I previously explained, GOP House Freedom Caucus members are accessories to a conspiracy for obstruction of justice.

But no one has been more blatant in his attempts to obstruct justice than Midnight Run Devin Nunes (R-CA), Chairman of the House Intelligence Committee.

Daily Kos reported Nunes threatens to hold Sessions ‘in contempt’ for not turning over documents he doesn’t even read:

[Nunes] has routinely demanded documents from the Department of Justice be handed over to him that, given the chance to review instead of actually take into his possession, he has declined to read.

Unfortunately, the fact that Nunes chairs the House Intelligence Committee is more than just a perverse joke by the universe, since he’s wielding his ignorance like a battering ram against the Justice Department’s special counsel investigation into Russia’s 2016 election interference.

On Sunday, Nunes threatened anew to hold a Justice Department official “in contempt” of Congress for not producing more documents he has no interest in actually reading. This time, Attorney General Jeff Sessions found himself in the crosshairs alongside Deputy Attorney General Rod Rosenstein, who has previously earned Nunes’ uninformed ire.

“The only thing left to do is we have to move quickly to hold the attorney general of the United States in contempt and that is what I will press for this week,” Nunes told Fox News.

Read more

Rudy Giuliani trots out yet another Trump story in signal to Michael Cohen to not flip

by

Back in early April, in his first public statement about the “hush money” his personal lawyer Michael Cohen paid to porn actress Stormy Daniels, Donald Trump denied having any knowledge of the matter. Trump: I don’t know anything about the $130,000 my lawyer paid Stormy Daniels:

Trump’s denial was the first time he’s made a public statement about the money given to Daniels ahead of the 2016 election to keep her silent about her alleged 2006 affair with Trump.

Trump replied “no” when asked if he had had knowledge about the payment to Daniels. A reporter then asked if he knew why Cohen made the payment.

“You’ll have to ask Michael Cohen. Michael Cohen is my attorney,” Trump said, according to the pool report. “You’ll have to ask Michael.”

Trump also denied knowing where the money to pay Daniels came from and ignored another question on whether he had ever set up a fund that Cohen could use to make such a payment.

Last week Trump called into his team of advisors on Fox & Friends on Trump TV, and in a bizarre half-hour rant, Trump says for first time that Cohen represented him in Stormy Daniels case:

[I]n an interview with Fox News on Thursday morning, Trump appeared to reveal that he had knowledge of Cohen’s payment to Daniels.

“Michael represents me, like with this crazy Stormy Daniels deal, he represented me,” Trump said. “And from what I’ve seen, he did absolutely nothing wrong. There were no campaign funds going into this.”

And asked how much of his legal work Cohen is responsible for, Trump said: “As a percentage of my overall legal work, a tiny, tiny fraction.”

Read more