obstruction of justice

Senate Judiciary Committee defies Mitch McConnell, votes to protect Special Counsel Robert Mueller

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On Thursday, Sen. Chuck Grassley’s Senate Judiciary Committee defied Senate Majority Leader Mitch McConnel and voted for a bill to protect Special Counsel Robert Mueller from being fired by the chief suspect in his investigation, President Trump (this is a protection that existed under the old Independent Counsel law that Congress allowed to expire after Ken Starr). Senate panel approves bill to protect special counsel:

In a 14-7 vote, the Senate Judiciary Committee approved the bipartisan proposal that deeply divided Republicans on the committee.

With every committee Democrat backing the legislation, only one Republican was needed to secure passage.

In the end, four Republicans voted for the bill: Sens. Thom Tillis (N.C.), Lindsey Graham (S.C.), Chuck Grassley (Iowa) and Jeff Flake (Ariz.).

Republican Sens. Orrin Hatch (Utah), Mike Lee (Utah), John Cornyn (Texas), Mike Crapo (Idaho), Ben Sasse (Neb.), John Kennedy (La.) and Ted Cruz (Texas) opposed it.

The vote marks the first time Congress has advanced legislation to formally protect Mueller from being fired by President Trump, who has railed against him in public and reportedly talked in private of dismissing him.

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

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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?

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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

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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 March Madness of King Donald

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The “Friday night news dump” of things the White House wants to delay media scrutiny of until the following week has been raised to an art form in the Trump administration. It has become a Friday night “wheel of fortune” to see which member of the administration is being fired or replaced this Friday.

Prior to Friday night, the breaking news story was retired four-star Army Gen. Barry McCaffrey slamming President Donald Trump as a “serious threat to U.S. national security” for his failure to protect the nation from “active Russian attacks.” McCaffrey accused Trump in a tweet Friday of being “under the sway” of Russian President Vladimir Putin” for some “unknown reason.”

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That lede got buried when Confederate Attorney General Jefferson Beauregard Sessions III, who is supposed to be recused from anything to do with the Russia investigation, fired former FBI deputy director Andrew McCabe only 48 hours before he was set to retire, something President Trump had foreshadowed he would do out of spite back in December.

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Deputy Director McCabe was in charge of the FBI’s Russia investigation for a period of time, and he is a key fact witness in the firing of FBI Director James Comey and the obstruction of justice portion of the investigation by Special Counsel Robert Mueller. Sessions has clearly violated his recusal, signaling his willingness to do it again for others at the request of “Dear Leader.”

Sessions short-circuited the normal review process in federal personnel matters in order to carry out the petty vindictiveness of “Dear Leader.” He relied on an Inspector General report and a FBI report that have not yet been made public. Andrew McCabe, a Target of Trump’s F.B.I. Scorn, Is Fired Over Candor Questions:

Andrew G. McCabe, the former F.B.I. deputy director and a frequent target of President Trump’s scorn, was fired Friday after Attorney General Jeff Sessions rejected an appeal that would have let him retire this weekend.

Mr. McCabe is accused in a yet-to-be-released internal report of failing to be forthcoming about a conversation he authorized between F.B.I. officials and a journalist.

In a statement released late Friday, Mr. Sessions said that Mr. McCabe had shown a lack of candor under oath on multiple occasions.

“The F.B.I. expects every employee to adhere to the highest standards of honesty, integrity and accountability,” he said. “I have terminated the employment of Andrew McCabe effective immediately.”

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