obstruction of justice

Donald Trump channels the spirit of Richard Nixon

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Donald J. Trump is channeling the spirit of Richard M. Nixon, who told David Frost in an April 1977 interview that “If the President does it, that means it’s not illegal.”

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Or perhaps Trump is going back to the original source and is channeling the spirit of Louis XIV of France, an adherent of the concept of the divine right of kings, which advocates the divine origin of monarchical rule, who believed in the theory of absolute monarchy and consciously fostered the myth of himself as the Sun King, the source of light for all of his people. During Louis XIV’s reign, his main goal was “One king, one law, one faith.” “I am the State.”

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President Trump’s bumbling lawyer John Dowd gave this exclusive interview to Mike Allen of Axios.com. Exclusive: Trump lawyer claims the “President cannot obstruct justice”:

John Dowd, President Trump’s outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.

The “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd claims.

Dowd says he drafted this weekend’s Trump tweet that many thought strengthened the case for obstruction: The tweet suggested Trump knew Flynn had lied to the FBI when he was fired, raising new questions about the later firing of FBI Director James Comey.

Dowd: “The tweet did not admit obstruction. That is an ignorant and arrogant assertion.”

Why it matters: Trump’s legal team is clearly setting the stage to say the president cannot be charged with any of the core crimes discussed in the Russia probe: collusion and obstruction. Presumably, you wouldn’t preemptively make these arguments unless you felt there was a chance charges are coming.

Americans rejected the divine right of kings and absolute monarchy when we told George III of England to “go stuff it up your ass” with the American Revolution. The source of power is “WE the people” in a democratic republic. Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” And if he fails to do so, Article 1, Section 2, Clause 5, provides for the impeachment of the president. The hallmark of American jurisprudence is that “No man is above the law.”

The first article of impeachment against both Richard M. Nixon and Bill Clinton were for obstruction of justice. The articles of impeachment against Andrew Johnson alleged high crimes and misdemeanors that today might be construed as obstruction of justice.

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Latest developments in the Trump-Putin campaign investigation

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With each new revelation, Donald Trump and his campaign move the goalposts in the Russia investigation. At first there was the flat denial that anyone in the campaign had contacts with the Russians. Then the campaign had to concede, OK there were contacts with the Russians, but we did not discuss collusion. Then it was revealed that the Trump campaign did attempt to collude with the Russians to “get dirt” on Hillary Clinton, but the campaign was unsuccessful in obtaining that information, so “we’re good.”

Trump and his apologists appear to be unaware of “inchoate” crimes—attempts, conspiracy, and solicitation—actions that fall short of the final act of commission, but may still be a prosecutable crime.

George Papadapolous has already plead guilty for lying to the FBI about his multiple contacts with the Russians to “get dirt” on Hillary Clinton. Papadapolous reported on his activities to several senior Trump campaign officials: his supervisor Sam Clovis, then campaign manager Corey Lewandowski, subsequent campaign chairman Paul Manafort and his associate Rick Gates, and foreign policy adviser Walid Phares. Who’s who in the George Papadopoulos court documents (there are additional persons not identified).

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Obstruction of justice in plain sight

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The Washington Post recently editorialized, Trump pulls another stunt of cynical distraction:

The party in power is demanding the investigation and possible prosecution of its defeated political rival on trumped-up claims of wrongdoing. This is what happens in banana republics, not the world’s greatest democracy. Even if this is just a strategy to divert attention, it is unbecoming of the leaders of a rule-of-law state and a disservice to their oaths.

The authoritarian wannabe autocrat Donald Trump has gone full banana republic in the past few days, pressuring his Attorney General and the Justice Department to investigate and prosecute his “defeated political rival on trumped-up claims of wrongdoing” or, once again, he is threatening to fire Jeff Sessions for not using his office to pursue his political rivals. Trump breaches boundaries by saying DOJ should be ‘going after’ Democrats:

President Trump on Friday repeatedly called on the Department of Justice and FBI to investigate his Democratic political opponents, a breach of the traditional executive branch boundaries designed to prevent the criminal justice system from becoming politicized.

Trump urged federal law enforcement to “do what is right and proper” by launching criminal probes of former presidential rival Hillary Clinton and her party — a surprising use of his bully pulpit considering he acknowledged a day earlier that presidents are not supposed to intervene in such decisions.

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Trump-Putin campaign investigation developments

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While you were distracted by the end of summer Labor Day weekend, a couple of new important developments in the Trump-Putin campaign investigation occurred.

First, Special Counsel Robert Mueller has enlisted an elite investigative unit of the IRS in his investigation. Exclusive: Mueller Enlists the IRS for His Trump-Russia Investigation:

Special counsel Bob Mueller has teamed up with the IRS. According to sources familiar with his investigation into alleged Russian election interference, his probe has enlisted the help of agents from the IRS’ Criminal Investigations unit.

This unit—known as CI—is one of the federal government’s most tight-knit, specialized, and secretive investigative entities. Its 2,500 agents focus exclusively on financial crime, including tax evasion and money laundering. A former colleague of Mueller’s said he always liked working with IRS’ special agents, especially when he was a U.S. Attorney.

And it goes without saying that the IRS has access to Trump’s tax returns—documents that the president has long resisted releasing to the public.

Potential financial crimes are a central part of Mueller’s probe. One of his top deputies, Andy Weissmann, formerly helmed the Justice Department’s Enron probe and has extensive experience working with investigative agents from the IRS.

Martin Sheil, a retired IRS Criminal Investigations agent, said “When CI brings a case to a U.S. Attorney, it is done. It’s wrapped up with a ribbon and a bow. It’s just comprehensive.”

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Special Counsel Robert Mueller has impaneled a grand jury in Trump-Putin campaign investigation

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The Wall Street Journal is the first to report that Special Counsel Robert Mueller has recently impaneled a grand jury in the Trump-Putin campaign investigation (separate from the Gen. Michael Flynn grand jury) indicating that the investigation has entered a new phase. Special Counsel Robert Mueller Impanels Washington Grand Jury in Russia Probe (pay firewall article):

Special Counsel Robert Mueller has impaneled a grand jury in Washington to investigate Russia’s interference in the 2016 elections, a sign that his inquiry is growing in intensity and entering a new phase, according to people familiar with the matter.

The grand jury, which began its work in recent weeks, signals that Mr. Mueller’s inquiry will likely continue for months.

The Washington Post picks up the Journal’s report, Special Counsel Mueller using grand jury in federal court in Washington as part of Russia investigation:

Special Counsel Robert Mueller began using a grand jury in federal court in Washington several weeks ago as part of his probe into possible coordination between the Kremlin and the Trump campaign, according to two people familiar with the investigation.

The development is a sign that investigators continue to aggressively gather evidence in the case.

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