Giuliani: Trump Could Have Shot Comey And Still Couldn’t Be Indicted For It

Candidate Donald Trump bragged that he could shoot someone on New York’s Fifth Avenue and not lose any support, and now President Donald Trump’s lawyer says Trump could shoot the FBI director in the Oval Office and still not be prosecuted for it.

“In no case can he be subpoenaed or indicted,” Rudy Giuliani told HuffPost Sunday, claiming a president’s constitutional powers are that broad. “I don’t know how you can indict while he’s in office. No matter what it is.”

Giuliani said impeachment was the initial remedy for a president’s illegal behavior ― even in the extreme hypothetical case of Trump having shot former FBI Director James Comey to end the Russia investigation rather than just firing him.

“If he shot James Comey, he’d be impeached the next day,” Giuliani said. “Impeach him, and then you can do whatever you want to do to him.”

Norm Eisen, the White House ethics lawyer under President Barack Obama and now a senior fellow at the Brookings Institution, said the silliness of Giuliani’s claim illustrates how mistaken Trump’s lawyers are about presidential power.

“A president could not be prosecuted for murder? Really?” he said. “It is one of many absurd positions that follow from their argument. It is self-evidently wrong.”

Eisen and other legal scholars have concluded that the constitution offers no blanket protection for a president from criminal prosecution. “The foundation of America is that no person is above the law,” he said. “A president can under extreme circumstances be indicted, but we’re facing extreme circumstances.”

Giuliani’s comments came a day after The New York Times revealed that Trump’s lawyers in January made their case to special counsel Robert Mueller that Trump could not possibly have obstructed justice because he has the ability to shut down any investigation at any time.

“He could, if he wished, terminate the inquiry, or even exercise his power to pardon if he so desired,” Jay Sekulow and John Dowd wrote in a 20-page letter. Dowd has since left Trump’s legal team, replaced by Giuliani.

The letter also admits that Trump “dictated” a statement that was then released by his son, Donald Trump Jr., regarding a meeting held at Trump Tower in June 2016 between top Trump campaign officials and Russians with links to that country’s spy agencies.

That meeting was scheduled after the Russians said they had damaging information about Democratic presidential nominee Hillary Clinton that would be of use to the Trump campaign. The Trump-dictated statement falsely claimed the meeting was primarily about the adoption of Russian children by American families ― the same topic that Trump claimed had been the substance of a conversation he had had with Russian leader Vladimir Putin the previous evening in Germany.

The U.S. intelligence community concluded during the 2016 campaign that not only was Russia interfering in the U.S. election, but was actively trying to help Trump win.

Both Sekulow and White House press secretary Sarah Sanders claimed, falsely, that Trump had not dictated the statement, but had merely offered his son suggestions. Sanders on Sunday referred questions about the matter to Trump’s outside legal team.

Giuliani said Sekulow was misinformed about the Trump Tower meeting, which in any case was not that significant. “In this investigation, the crimes are really silly,” he said, arguing that the firing of Comey last year could not be construed as obstruction of justice because Trump had the right to fire him at any time and for any reason. “This is pure harassment, engineered by the Democrats.”

Comey had been leading the FBI probe into possible collusion between the Trump campaign and Russian intelligence until his dismissal, which led to the appointment of Mueller to take it over. Within two days of the firing, Trump told both NBC News and Russian officials visiting him in the Oval Office that he had done it because of the investigation.

Eisen said Giuliani’s assertion, taken to its logical conclusion, would mean that a mob boss under investigation by the FBI could give Trump a bribe to fire the FBI director, Trump could explain on television that he had done so “because of this Mafia thing,” and then not face criminal charges.

“Well, of course it would be appropriate to initiate a prosecution,” he said. “I think the legally correct answer is, as usual, the opposite of Giuliani’s answer.”

Giuliani, once the mayor of New York City and prior to that the U.S. attorney there, took charge of Trump’s outside legal team in April, saying then that he planned to wrap the whole thing up within a few weeks. Now he said he is not sure when it will end because Mueller is taking too long and not turning over material to Giuliani ― such as a report of what was learned from an FBI informant who made contact with several members of the Trump campaign with links to Russia.

Giuliani said he has so far met with Trump about 10 times and spoken to him on the phone another 40 or so times, totaling at least 75 hours of conversation. “I’m not billing by the hour, otherwise I could tell you exactly,” he joked about the case he has taken on for free.

Mueller’s investigation has so far resulted in the guilty pleas of five people, including three former Trump campaign staffers, and the indictment of 14 other people and three companies. That total includes 13 Russians, Trump’s former campaign chairman Paul Manafort, and the Internet Research Agency, a “troll farm” that was used to create and disseminate propaganda to help Trump win.

A related investigation by Giuliani’s former U.S. attorney’s office is examining the dealings of longtime Trump lawyer Michael Cohen. A former business partner has agreed to cooperate in that probe and plead to New York state charges.

[Huffington Post]

‘Stormtrooper tactics’: Trump compares his own Justice Dept. to Nazi assault troops

President Donald Trump on Sunday suggested that special counsel Robert Mueller’s investigation team was similar to Nazi “stormtroopers.”

In a tweet Sunday afternoon, Trump quoted Mark Penn, a former Democratic strategist.

“Why are there people from the Clinton Foundation on the Mueller Staff? Why is there an Independent Counsel? To go after people and their families for unrelated offenses…Constitution was set up to prevent this…Stormtrooper tactics almost,” the tweet quoting Penn said.

Trump added: “Disgrace!”

Trump attorney Rudy Giuliani also compared FBI agents to “stormtroopers” last month after they raided the office of former Trump attorney Michael Cohen.

“I know the New York FBI,” former FBI Director James Comey tweeted in response to Giuliani. “There are no ‘stormtroopers’ there; just a group of people devoted to the rule of law and the truth. Our country would be better off if our leaders tried to be like them, rather than comparing them to Nazis.”

[Raw Story]

Reality

Trump is referring to Jeannie Rhee, who did in-fact represent Hillary Clinton in a 2015 lawsuit that sought access to her private emails. She also represented the Clinton Foundation in a 2015 racketeering lawsuit, that was quickly thrown out for being frivolous and “did not allege any facts.”

What escapes Trump’s criticism is Rhee also has the experience and credentials to be a part of this investigation, having once served as the Deputy Assistant Attorney General under former Attorney General Eric Holder.

Why didn’t FBI, DOJ tell me agents were ‘secretly investigating’ Manafort?

President Trump on Sunday blasted the FBI and Department of Justice for not telling him that agents were “secretly investigating” his former campaign chairman, Paul Manafort, during the 2016 election.

“As only one of two people left who could become President, why wouldn’t the FBI or Department of ‘Justice’ have told me that they were secretly investigating Paul Manafort (on charges that were 10 years old and had been previously dropped) during my campaign?” Trump asked in a tweet.

He added that Manafort “came into the campaign very late and was with us for a short period of time,” but said the campaign “should have been told that Comey and the boys were doing a number on him, and he wouldn’t have been hired!”

Trump named Manafort head of his campaign in May 2016, but the businessman stepped down in August of that year after media reports of his dealings with the Ukrainian government emerged.

CNN reported last year that Manafort had been under FBI surveillance before and after the 2016 election. He reportedly became the central subject of a probe that began in 2014.

Manafort faces several charges as a result of special counsel Robert Mueller‘s investigation, including tax fraud, bank fraud and money laundering. The charges largely relate to his work for Ukrainian politicians.

Manafort has pleaded not guilty to the charges. His business associate and former Trump campaign staffer Richard Gates reached a plea deal with Mueller’s team and has agreed to cooperate with the special counsel.

[The Hill]

Reality

First, at the time you weren’t the president.

Second, if your top guys including Manafort were meeting with Russian spies and some of Putin’s best friends, why didn’t you tell the FBI?

Trump lawyers’ secret memo argues president has complete control over federal investigations

Lawyers for President Donald Trump argued in a secret memo submitted to special counsel Robert Mueller III in January that Trump could not have obstructed the FBI‘s probe into Russian interference in the 2016 election in part because, as president, he holds complete control over federal investigations.

The president has the power to “order the termination of an investigation by the Justice Department or FBI at any time and for any reason,” Trump lawyers John Dowd and Jay Sekulow argued in the letter to Mueller, which was published Saturday by the New York Times.

As the nation’s chief law enforcement officer, Trump could “even exercise his power to pardon if so desired,” they argued. A person familiar with the letter confirmed its authenticity.

The 20-page letter offered a sweeping assertion of the powers of the presidency as well as a detailed and robust defense of Trump’s actions in dealing with the unfolding Russia probe, including his firing of FBI Director James Comey in May 2017. It concluded that Trump’s actions were in keeping with the expansive powers of the presidency and could not constitute crimes.

Ultimately, Trump’s lawyers argued that the president should not be compelled to sit for an interview to assist Mueller’s effort, arguing that the White House provided full access to documents and interviews with other senior staff that was sufficient to answer Mueller’s questions about the Trump’s actions.

“The President’s prime function as the Chief Executive ought not be hampered by requests for interview. Having him testify demeans the Office of the President before the world,” they wrote.

The arguments parallel those that the president’s attorneys have pressed publicly for months, even as quiet negotiations over whether Trump might agree to sit voluntarily for an interview have continued. They help underscore the legal battle now underway between the White House and the special counsel. Should Mueller seek to compel Trump’s testimony with a subpoena, the arguments advanced in the letter could ultimately form the basis of a courtroom battle that would probably reach the U.S. Supreme Court.

After former New York mayor Rudy Giuliani replaced Dowd as Trump’s chief lawyer in March, he reopened negotiations with Mueller about forestalling that kind of public battle through a voluntary interview. Giuliani, at first, expressed confidence that he could resolve the matter within weeks.

But the debate has dragged on and, more recently, Giuliani has expressed wariness over having his client sit for an interview and said he would only agree if the special counsel’s office first turns over internal documents that shed light on the beginnings of the FBI’s probe in 2016, before Mueller’s appointment.

He told The Washington Post last week that Trump’s lawyers are drafting a letter to Mueller laying out those terms and that Jane and Marty Raskin, a husband-and-wife team from Florida assisting Trump’s defense, are in contact with Mueller’s office three times a week.

Mueller’s team has told the president’s lawyers that they think they have the power to issue Trump a subpoena and compel his testimony, but they have not yet sought to go down that route.

“They may do a subpoena. The subpoena would then be contested. That would be going on for months,” Giuliani said.

In a statement Saturday, Sekulow noted the consistency of Trump’s legal position while bemoaning the leaking of the internal document.

“We have maintained a consistent legal argument throughout the many months of this inquiry. Our legal team would not disclose internal communications with the office of special counsel. We continue to maintain cooperative relations with the office of special counsel,” he said.

Likewise, in a tweet sent shortly before the New York Times story was posted online, Trump questioned whether Mueller’s team might have been responsible for the leak. “Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media?” he asked.

A spokesman for the special counsel’s office declined to comment.

The letter also provides new details about Trump’s actions in dealing with the Russia probe. For instance, his lawyers reveal that former national security adviser Michael Flynn twice told senior White House officials, including the vice president, before his firing in February 2017 that he had been informed that the FBI had closed its investigation into his contacts with the Russian ambassador during the presidential transition.

Comey has said that Trump asked him to let the case against Flynn go in an Oval Office meeting the day after Flynn’s firing. In their letter, Trump’s lawyers contested that account, but also argued that the president could not have been attempting to interfere in an investigation he was not aware was underway.

Trump’s lawyers also argued that the president could not have obstructed justice by firing Comey several months later. Trump’s decision to dismiss the FBI director was an appropriate use of presidential power intended to exert oversight over the bureau as a result of its missteps in the 2016 investigation of Hillary Clinton‘s use of a private email server while she was secretary of state, they wrote.

They asserted that Deputy Attorney General Rod Rosenstein, who is now supervising Mueller’s probe, “actually helped to edit” Trump’s letter terminating Comey and “actively advised the President accordingly.” At the time, Rosenstein also wrote his own memo criticizing Comey’s handling of the Clinton case.

Trump’s lawyers wrote that it would be “unthinkable” for a president acting under his constitutional authority and with the “overt participation” of his deputy attorney general to have obstructed justice.

A Justice Department spokeswoman declined to comment.

In another episode Mueller has been probing, Trump’s lawyers conceded for the first time that in July 2017, Trump “dictated” a statement to be released on behalf of his son Donald Trump Jr. about a meeting that the son had taken with a Russian lawyer during the campaign.

The Post first reported in July that the president had authored his son’s statement, which misleadingly said the meeting was “primarily” about Russian adoptions. In fact, Donald Trump Jr. had accepted the meeting after being told the lawyer would provide dirt about Clinton.

In their letter, Trump’s lawyers contended that the statement was “short but accurate,” and a “private” matter to be hashed out between the president and the New York Times, which had requested the statement, rather than an issue for federal prosecutors.

[Chicago Tribune]

Reality

Read the letter here.

 

Trump Boasts Fox News’ Ratings, Trashes CNN on Twitter: ‘Fake News CNN is Dead!’

It’s no secret that President Trump plays favorites when it comes to his cable news watching.

In the cable news war, Fox News continues to dominate in ratings and has remained the #1 cable news network for 197 consecutive months. Meanwhile CNN saw a 25% decrease in viewership.

Real @FoxNews is doing great, Fake News CNN is dead!” Trump tweeted.

It is worth noting though that instead of attacking the “Failing” New York Times today, Trump seemed to have endorsed some of their reporting as of late. At least on Twitter

[Mediaite]

EPA paid $1,560 for 12 fountain pens, emails show

A close aide to Scott Pruitt last year ordered a set of 12 fountain pens that cost the Environmental Protection Agency $1,560, according to agency documents.

Each $130 silver pen bore the agency’s seal and Administrator Pruitt’s signature, according to the documents, which were obtained by the Sierra Club through a Freedom of Information Act request.
“Yes, please order,” an aide wrote.

The order from the Washington shop Tiny Jewel Box also included a set of journals that cost $1,670.

EPA spokesman Jahan Wilcox said the pens were similar to purchases made by Pruitt’s predecessors “for the purpose of serving as gifts to the Administrator’s foreign counterparts and dignitaries upon his meeting with them.”

Purchasing records show the EPA under the Obama administration made a $2,952 purchase from the same shop in 2009 for “non-monetary awards for Administrator.”

The purchase stands out not only for the cost but also because it was approved by a close aide who Pruitt described in congressional testimony last month as “longtime friend.”

Pruitt has sought to distance from the agency’s controversial spending, including a $43,000 phone booth in his office. He has recently blamed some purchases on “decisions made by career staff,” as he told the Washington Free Beacon, a conservative publication, this week.

Pruitt’s actions are currently under scrutiny by investigators at the EPA inspector general, the Government Accountability Office and Congress. At least 12 investigations have been opened.

Other emails released by the agency and obtained by the Sierra Club show the same aide working on Pruitt’s apartment search during work hours. In her first year on the job at EPA, she received two raises that boosted her pay by 72%.

The pen purchase was first reported by The Washington Post.

[CNN]

Trump gets caught up in his own lie after just 8 minutes

On Tuesday afternoon, North Korean dignitaries met with Donald Trump to deliver a mysterious letter from the North Korean regime.

A while later, Donald Trump held a press conference, where in the course of under ten minutes changed his story about the letter.

Reuters reported that Trump had said the letter “was a very nice letter, a very interesting letter.” Around 8 minutes later—according to the Reuters time stamp—Trump confessed that he hadn’t opened it yet.

On Twitter, the Toronto Star’s Washington correspondent Daniel Dale joked “The Trump era in two Reuters alerts.”

[Raw Story]

Media

Trump tears into Canada for treating U.S. farmers ‘very poorly’

President Donald Trump attacked Canada on Friday morning, seemingly offering a defense of the controversial tariffs he imposed this week and accusing America’s northern neighbor of treating U.S. agricultural industries “very poorly.”

“Canada has treated our Agricultural business and Farmers very poorly for a very long period of time. Highly restrictive on Trade!” the president wrote on Twitter. “They must open their markets and take down their trade barriers! They report a really high surplus on trade with us. Do Timber & Lumber in U.S.?”

Trump has made resetting U.S. trade relationships around the globe a key priority for his administration, most notably with China, but also with top U.S. allies and trade partners like Mexico and Canada. He has complained previously about Canada’s treatment of the U.S. lumber and dairy industries, among others.

His attack against Canada came just hours after tariffs on imports of steel and aluminum from three key U.S. trade partners — Mexico, Canada and the European Union — went into effect at midnight Friday, after the administration said on Thursday that exemptions would not be extended.

Canadian Prime Minister Justin Trudeau offered a blistering rebuke to Trump during a news conference on Thursday.

“Let me be clear: These tariffs are totally unacceptable,” Trudeau said. “Canadians have served alongside Americans in two world wars and in Korea. From the beaches of Normandy to the mountains of Afghanistan, we have fought and died together.”

The tariffs have proved to be a controversial step that has also drawn the ire of prominent Republicans who have long supported free trade policies.

House Speaker Paul Ryan (R-Wis.) said in a statement that “I disagree with this decision” and that “instead of addressing the real problems in the international trade of these products, today’s action targets America’s allies when we should be working with them.” Sen. Ben Sasse (R-Neb.), a regular and outspoken critic of the president’s, said the tariffs were similar to the policies that he said sparked the Great Depression.

“This is dumb. Europe, Canada, and Mexico are not China, and you don’t treat allies the same way you treat opponents,” Sasse said. “‘Make America Great Again’ shouldn’t mean ‘Make America 1929 Again.’”

[Politico]

Trump imposes steel, aluminum tariffs on U.S. allies and Europe retaliates

President Trump followed through on a threat to impose steep metal tariffs on U.S. allies Thursday, a long-awaited decision that analysts said moved the country closer to a trade war.

Commerce Secretary Wilbur Ross said that Canada, Mexico and the European Union would be subject to a 25% tariff on steel and a 10% tariff on aluminum beginning at midnight on Thursday. Brazil, Argentina and Australia agreed to limit steel exports to the U.S. to avoid tariffs, he said.

“The president’s overwhelming objective is to reduce our trade deficit,” Ross said.

The decision was the latest by the Trump administration to project a more protectionist stance amid ongoing trade negotiations with China and other countries. But it drew a sharp rebuke and promises of retaliation from longstanding allies.

“These tariffs are totally unacceptable,” Canadian Prime Minister Justin Trudeau said Thursday. “These tariffs are an affront to the long-standing security partnership between Canada and the United States.”

European trade officials have previously threatened to respond to Trump’s move with  duties on U.S.-made motorcycles, orange juice and bourbon, among other things. Jean-Claude Juncker, president of the European Commission, reiterated that position Thursday, saying Europe would impose duties on “a number of imports from the U.S.”

“This is protectionism, pure and simple,” he said.

The Mexican economic ministry said it would move to place tariffs on U.S.-made pork, flat steel, apples, cheese and other products.

Trump announced the tariff and aluminum tariffs in early March but offered temporary exemptions to the European Union, Canada, Mexico and a number of other allies. He extended those exemptions in late April, noting at the time it would be the “final” delay unless the countries agreed to other concessions.

“We are awaiting their reaction,” Ross said of the other countries. “We continue to remain quite willing, indeed eager, to continue discussions.”

The move promoted criticism from a number of Republicans on Capitol Hill, especially those with large agricultural industries.

“This is dumb,” said Sen. Ben Sasse, R-Neb. “Europe, Canada and Mexico are not China, and you don’t treat allies the same way you treat opponents.”

The decision comes days after the Trump administration announced $50 billion of new tariffs on Chinese imports, after officials had earlier said it was “putting the trade war on hold” with Beijing. Ross is set to travel to China this weekend to continue trade talks.

The Trump administration has relied on a 1962 law that allows countries to impose trade restrictions for national security purposes. The president has also justified the tariffs by pointing out “shuttered plants and mills” and the decades-long slide of manufacturing.

Several analysts said they are concerned the approach will have the opposite effect.

“The initial blows in the trade wars have finally landed,” said Eswar S. Prasad, former head of the International Monetary Fund’s China division and a professor at Cornell University. “It is now clear that Trump’s threats about trade sanctions are more than just bluster and are to be taken seriously.”

Prasad said the hard line approach might net Trump some short-term wins, but said “it could eventually result in the U.S. playing a diminished” role in global trade.

“He doesn’t have a strategy that’s going to lead to making American manufacturing great again,” said Robert Scott, a trade expert at the Economic Policy Institute. “There will continue to be a series of tit-for-tat battles.”

The U.S. imported 34.6 million metric tons of steel last year, a 15% increase from 2016, according to the U.S. Department of Commerce.

Canada was the top source of U.S. imported steel, accounting for 77%, according to the International Trade Administration. Mexican steel accounts for about 9% of U.S. imports.

The majority of that metal is used in construction, auto manufacturing and appliances.

The tariffs, as well as export controls agreed to by Brazil and others, will raise the price of steel and aluminum in the U.S., making domestic producers more competitive while adding to the price buyers of the metals must pay.

“We think that’s going to put the industry in real peril,” said Jerry Howard, president of the National Association of Home Builders. “We were very excited by the tax bill, but it turns out the tax bill giveth, and tariffs taketh away.”

Ann Wilson with the Motor & Equipment Manufacturers Association said its members are already paying tariffs on many of the components they import to make auto parts. Imposing additional barriers on the metals used to make those parts, she said, amounts to a “double tariff.”

“There is little doubt that the uncertainty and added costs the administration is creating will put U.S. investments and jobs at risk,” Wilson said.

Steel trade with Canada and Mexico is covered under the North American Free Trade Agreement, but the president is relying on a provision of U.S. law that allows him to claim the imports represent a threat to national security.

Many observers believe the announcement Thursday is the latest effort to prod stalled negotiations over rewriting NAFTA, which Trump repeatedly promised to do during his campaign for president.

“This really is an attempt to strengthen the negotiating power of the U.S. when it comes to renegotiating NAFTA,” said Ned Hill, who teaches economic development at Ohio State University. “This is just very public, bare-knuckle negotiating.”

[USA Today]

Reality

Trump promised he would go after countries who “cheated” in trade, but we do not have a major trade imbalance with our friends and allies.

Trump breaks the law and jolts markets by teasing secret jobs numbers

President Donald Trump moved markets and busted norms on Friday morning with a tweet about the May employment report more than an hour before the numbers came out.

The post appeared to skirt strict rules on government employees not commenting on the highly sensitive economic data until an hour after its public release at 8:30 a.m. Eastern time.

Trump, who received the numbers Thursday night on Air Force One, did not include any of the jobs data in his tweet. But it appeared positive enough to suggest to Wall Street that a good number was coming Friday morning.

“Looking forward to seeing the employment numbers at 8:30 this morning,” the president tweeted at 7:21 a.m.

And the numbers were in fact quite good, showing a better than expected gain of 223,000 jobs and a dip in unemployment to 3.8 percent, the lowest level since April of 2000, sending Dow futures higher.

But markets were already moving before the release and popped immediately after Trump’s tweet, with the yield on the 10-year Treasury note moving higher along with stock market futures. The rise in the 10-year yield suggested traders assumed Trump’s tweet meant the jobs number would be strong and push the Fed to raise interest rates more quickly.

Former Obama administration officials pounced on Trump’s tweet even before the public got to see the numbers, saying it violated rules banning federal employees with access to the jobs data from saying anything at all about it until 9:30 a.m. Eastern time.

The one-hour lag is meant to allow the jobs data—compiled by non-partisan career employees at the Bureau of Labor Statistics—to stand on its own without any immediate spin from elected officials.

“We took the one-hour delay 100 percent seriously,” Jason Furman, who served as chairman of the Council of Economic Advisers under President Barack Obama, said in an interview. “There were times when there was a good number and they wanted to send the president out to talk about it, but Air Force One was scheduled to leave at 9:15 a.m. and we would tell them to delay the flight until after 9:30 a.m.”

Furman suggested Trump should no longer get the numbers in advance.

[Politico]

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