Presidential Pardons

Check and check mate for Paul Manafort

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The second court to sentence former Trump campaign manager Paul Manafort in the past week delivered its sentence today, giving him a additional 3.5 years in prison. Paul Manafort Sentenced to 3.5 More Years in Prison: President Trump’s former campaign chairman, Paul Manafort, has been ordered to serve a total of seven and a half years … Read more

William P. Barr should not be confirmed by the Senate for Attorney General

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William P. Barr, who faces a Senate Judiciary Committee confirmation hearing this week, should not be confirmed by the Senate due to his past and present sins against the rule of law and constitutional democracy.

Past Sins

William Barr was previously the Attorney General under President George H. W. Bush when he advocated that the president issue a blanket pardon to everyone charged in the Iran-Contra Affair just as independent prosecutor Lawrence Walsh was focused on obstruction of justice by President Bush himself. Barr thus was an architect of the cover-up of the Iran-Contra Affair in which no one was ever brought to justice for their crimes, establishing the perverse precedent that IOKIYAR. See, Bush Pardons 6 in Iran Affair, Aborting a Weinberger Trial; Prosecutor Assails ‘Cover-Up’ (December 24, 1992):

Six years after the arms-for-hostages scandal began to cast a shadow that would darken two Administrations, President Bush today granted full pardons to six former officials in Ronald Reagan’s Administration, including former Defense Secretary Caspar W. Weinberger.

Mr. Weinberger was scheduled to stand trial on Jan. 5 on charges that he lied to Congress about his knowledge of the arms sales to Iran and efforts by other countries to help underwrite the Nicaraguan rebels, a case that was expected to focus on Mr. Weinberger’s private notes that contain references to Mr. Bush’s endorsement of the secret shipments to Iran.

In one remaining facet of the inquiry, the independent prosecutor, Lawrence E. Walsh, plans to review a 1986 campaign diary kept by Mr. Bush. Mr. Walsh has characterized the President’s failure to turn over the diary until now as misconduct.

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Obstruction of justice in plain sight: ‘all the president’s men’ are lying to the FBI and Special Counsel (Updated)

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Back in September, George Papadopoulos, a former Trump campaign adviser, was sentenced on Friday to 14 days in prison for lying to the F.B.I. about his contacts with Russian intermediaries during the 2016 presidential race. George Papadopoulos, Ex-Trump Adviser, Is Sentenced to 14 Days in Jail:

Prosecutors argued that Mr. Papadopoulos’s repeated lies during a January 2017 interview with investigators hampered the Russia investigation at a critical moment. In part because Mr. Papadopoulos misled the authorities, prosecutors said in court papers, they failed to arrest a London-based professor — suspected of being a Russian operative — before he left the United States in February 2017, never to return.

Andrew D. Goldstein, a prosecutor on Mr. Mueller’s team, told the judge that because Mr. Papadopoulos lied, investigators were forced into a painstaking monthslong examination of 100,000 emails and other communications to establish how Russian intermediaries tried to use him as a channel to the Trump campaign. Even after he pleaded guilty, Mr. Goldstein said, Mr. Papadopoulos made only “begrudging efforts to cooperate.”

Judge Randolph D. Moss said that Mr. Papadopoulos deserved a stiffer sentence because he had impeded an investigation of “grave national importance.”

On Monday, Ex-Trump campaign adviser Papadopoulos reports to prison: Former Trump campaign foreign policy adviser George Papadopoulos began serving his two-week prison sentence on Monday after a judge rejected his last-minute bid to remain free.

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Analysis of Trump lawyers’ defense memo (shorter version: It’s all B.S.)

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When former U.S. President Richard Nixon sat down for an interview with British journalist David Frost in 1977, Nixon asserted a broad interpretation of executive authority:

Screen Shot 2018-06-03 at 6.22.09 AM Frost:…Would you say that there are certain situations – and the Huston Plan was one of them – where the president can decide that it’s in the best interests of the nation, and do something illegal?

Nixon: Well, when the president does it, that means it is not illegal.

Frost: By definition.

Nixon: Exactly, exactly. If the president, for example, approves something because of the national security, or in this case because of a threat to internal peace and order of significant magnitude, then the president’s decision in that instance is one that enables those who carry it out, to carry it out without violating a law. Otherwise they’re in an impossible position.

You should note the context: If the president orders someone in the federal government to do something for a national security or domestic security reason, those individuals carrying out the president’s order “are not violating the law.”

Donald Trump and his shyster lawyers have taken Nixon’s assertion “[W]hen the president does it, that means it is not illegal,” and extended this to a blanket assertion of presidential immunity from (1) being subpoenaed in a criminal investigation, and (2) being indicted for criminal activity while president. It is a novel theory that the president is above the law, and a bold rejection of the bedrock foundational American principles that we are a nation of laws and that no man is above the law.

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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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