Category: Obstruction of Justice

Trump says WH lawyer McGahn isn’t ‘a John Dean type ‘RAT”

President Donald Trump insisted Sunday that White House lawyer Don McGahn isn’t “a John Dean type ‘RAT,'” making reference to the Watergate-era White House attorney who turned on Richard Nixon.

Trump, in a series of angry tweets, blasted a New York Times story reporting that McGahn has been cooperating extensively with the special counsel team investigating Russian election meddling and potential collusion with Trump’s Republican campaign.

“The failing @nytimes wrote a Fake piece today implying that because White House Councel Don McGahn was giving hours of testimony to the Special Councel, he must be a John Dean type ‘RAT,'” Trump wrote, misspelling the word “counsel,” as he often does. “But I allowed him and all others to testify – I didn’t have to. I have nothing to hide……”

The New York Times said in a tweet that it stands by the story.

Trump’s original legal team had encouraged McGahn and other White House officials to cooperate with special counsel Robert Mueller, and McGahn spent hours in interviews.

Trump’s personal attorney, Rudy Giuliani, said in an appearance on NBC’s “Meet the Press” that Trump didn’t raise executive privilege or attorney-client privilege during those interviews because his team believed — he says now, wrongly — that fully participating would be the fastest way to bring the investigation to a close.

“The president encouraged him to testify, is happy that he did, is quite secure that there is nothing in the testimony that will hurt the president,” Giuliani said.

McGahn’s attorney William Burck added in a statement: “President Trump, through counsel, declined to assert any privilege over Mr. McGahn’s testimony, so Mr. McGahn answered the Special Counsel team’s questions fulsomely and honestly, as any person interviewed by federal investigators must.”

Trump, in his tweets, continued to rail against the Mueller investigation, which he has labeled a “witch hunt.”

“So many lives have been ruined over nothing – McCarthyism at its WORST!” Trump wrote, referencing the indiscriminate and damaging allegations made by Sen. Joseph McCarthy in the 1950s to expose communists.

“Study the late Joseph McCarthy, because we are now in period with Mueller and his gang that make Joseph McCarthy look like a baby! Rigged Witch Hunt!” he later tweeted.

Dean was White House counsel for Nixon, a Republican, during the Watergate scandal. He ultimately cooperated with prosecutors and helped bring down the Nixon presidency, though he served a prison term for obstruction of justice.

Dean, a frequent critic of the president, tweeted Saturday night in response to the Times story: “McGahn is doing right!” He later wrote, “Nixon, generally very competent, bungled and botched his handling of Watergate. Trump, a total incompetent, is bungling and botching his handling of Russiagate. Fate is never kind to bunglers and/or botchers! Unlike Nixon, however, Trump won’t leave willingly or graciously.”

Critics of the president have recently compared his decision to target the security clearances of critics and those involved in the Russia investigation to the “enemies list” created by the Nixon White House to keep track of political opponents they intended to target with punitive measures.

[PBS]

Justice Department steps in to block whistleblowers from seeing Trump’s Washington DC hotel financial records

According to an Associated Press report, Justice Department lawyers stepped in late Friday and asked a judge to hold off on letting outsiders review financial data related to President Donald Trump’s hotel in Washington D.C.

In response to a ruling by U.S. District Judge Peter J. Messitte, who is based in Maryland, to allow a lawsuit demanding access to the records to go forward, the Justice Department asked for a stay while they appeal his decision to a higher court in Richmond, Virginia.

According to the report, allowing the case to go forward could “potentially unearth financial records such as Trump’s income tax returns.”

Plaintiffs in the case indicated they are seeking “information from the hotel, a Trump hotel steakhouse, and the General Services Administration as well as the president’s financial records.”

Justice Department lawyers objected by stating the “public interest is decidedly in favor of a stay because any discovery would necessarily be a distraction to the President’s performance of his constitutional duties.”

In response, D.C. Attorney General Karl Racine issued a statement saying: “After winning two major rulings in this case already, we anticipated President Trump’s most recent motion. Nonetheless, our case is still moving forward. We are on track to propose a schedule for discovery by September 14, and we hope to request relevant documents shortly thereafter.”

Whistleblowers are hoping to use discovery to make a case for the president violating the emoluments clause, banning Trump from profiting off of his presidency.

[Raw Story]

Trump Threatens the Career of Another Official Involved in the Russia Investigation

President Donald Trump said Friday that he would likely strip the security clearance of a Justice Department official “very quickly,” opening a new front in his battle with figures related to the special counsel investigation into his campaign and Russian election interference.

The official, Bruce Ohr, is a longtime government prosecutor who up until this week had not been a household name.

That changed on Wednesday when press secretary Sarah Sanders listed Ohr from the White House podium alongside a list of former national security and law enforcement officials who have been critical of the President and are now having their security clearances reviewed. On Friday, Trump expanded on his targeting of Ohr, whose name stood out on the list as the only official currently serving in government.

“I think Bruce Ohr is a disgrace,” Trump told reporters at the White House. “For him to be in the Justice Department and doing what he did, that is a disgrace.”

Ohr is currently an attorney within the DOJ’s criminal division, according to a source familiar with his position. He was demoted last year from a senior position within the deputy attorney general’s office, CNN reported, after it was discovered that he had communicated with Christopher Steele, the ex-British spy who crafted the dossier of salacious and unverified information about Trump and Russia, and the founder of the US firm, Fusion GPS, that was hired to dig up that dirt.

Little is known publicly about the extent of the relationships between Ohr and Steele and Glenn Simpson, the Fusion GPS founder, but some House Republicans have seized on them as proof of an untoward connection between government officials and the roots of the Russia investigation that they criticize.

The President has also tweeted criticism about Ohr and his wife, who was an employee of Fusion GPS. Simpson disclosed in a court filing last year that Ohr’s wife, Nellie, worked for Fusion on “research and analysis of Mr. Trump,” and that Simpson met with Bruce Ohr “at his request, after the November 2016 election to discuss our findings regarding Russia and the election.”

Neither Bruce nor Nellie Ohr have made public remarks about the President. CNN has reached out to Ohr’s personal attorney for comment.

In testimony before the House Intelligence Committee in June, Deputy Attorney General Rod Rosenstein described Bruce Ohr’s role in sober terms.

“Mr. Ohr is a career employee of the department. He was there when I arrived. To my knowledge, he wasn’t working on the Russia matter,” Rosenstein said. “When we learned of the relevant information, we arranged to transfer Mr. Ohr to a different office.”

A Justice Department spokeswoman said she could not comment on personnel matters when asked about Ohr’s position within the department and the President’s criticism of him.

It’s not clear what level of clearance Ohr possesses, but former officials say all Justice Department attorneys have a security clearance and its loss would be detrimental to agency work.

“Within the Department of Justice, every federal prosecutor has some level of security clearance because they’re dealing with sensitive information,” said Jodi L. Avergun, a former section chief at the DOJ’s criminal division who now heads the white collar defense and investigations group at the law firm Cadwalader, Wickersham & Taft LLP.

“If someone in a sensitive position with the Department of Justice lost their security clearance it would likely make their job difficult to do,” Avergun said.

[CNN]

Trump Praises Strzok Firing: ‘Crooked Hillary Clinton Sham Investigation’ Should Be ‘Redone’

President Donald Trump celebrated the firing of FBI agent Peter Strzoktoday and took the opportunity to bring up both the “Witch Hunt” and the Clinton email investigation.

In his tweets this afternoon, the President questioned whether the Mueller probe will “be dropped” and even suggested the “sham investigation” into Clinton be redone:

[Mediaite]

Trump calls Attorney General Jeff Sessions ‘scared stiff and Missing in Action’

President Donald Trump called Attorney General Jeff Sessions “scared stiff and Missing in Action” on Saturday in his latest broadside on Twitter against the nation’s top law enforcement officer.

The attack on the attorney general came as Trump claimed the news media “refuses to report” on meetings held between Christopher Steele, the ex-British intelligence officer who authored an opposition research dossier on Trump, and former Associate Deputy Attorney General Bruce Ohr.

Ohr was demoted from his position in the deputy attorney general’s office after the discovery of certain meetings he held with Steele and the head of the opposition research firm that hired him to compile the dossier, Fusion GPS founder Glenn Simpson, CNN reported last year, citing a source familiar with the matter. Ohr’s wife, Nellie Ohr, worked for Fusion GPS doing research and analysis on Trump, Simpson has disclosed.

“The big story that the Fake News Media refuses to report is lowlife Christopher Steele’s many meetings with Deputy A.G. Bruce Ohr and his beautiful wife, Nelly. It was Fusion GPS that hired Steele to write the phony & discredited Dossier, paid for by Crooked Hillary & the DNC….,” Trump wrote on Saturday.

[CNN]

Trump Quotes Dubious Claim From Maria Bartiromo’s Show Slamming Russia Investigation

Sitting in for Neil Cavuto Thursday on Fox News, Maria Bartiromo took on a subject that has become a consistent field of coverage for the business anchor: the supposedly corrupted Russia investigation.

And the president was apparently watching.

Bartiromo, during a discussion on special counsel Robert Mueller probe, made the claim that there was “no evidence whatsoever” to support an investigation into collusion between President Donald Trump and Russia.

“[Rep.] Devin Nunes (R-CA), the chairman of the Intel committee on the House, has been with me several times telling me there was no evidence whatsoever to launch even an investigation into potential collusion between Donald Trump and the Russians. And so here we are a year and a half later, the special counsel still going on, and we continue to see texts from FBI agents showing this incredible amount of bias.”

Trump quoted from the segment on Twitter Friday morning.

The idea that there is no evidence to support a collusion investigation is simply false. As NBC News’ Ken Delanian lays out here, the FBI began investigating the Trump campaign after Trump foreign policy adviser George Papadopoulos told an Australian diplomat that Russians offered him dirt on Hillary Clinton. Further, there is extensive documented contact between various individuals connected with Donald Trump’s campaign, and Russia. To say collusion hasn’t yet been proven is entirely fair. The idea that there’s no evidence to start an investigation is not.

[Mediaite]

Immigration judge removed from cases after perceived criticism of Sessions

The Justice Department plans to take dozens of cases away from an immigration judge who has delayed deportation orders, in part for perceived criticism of Attorney General Jeff Sessions, the union representing immigration judges said Wednesday.

CNN reported Tuesday that the Justice Department replaced Philadelphia Immigration Judge Steven Morley with an assistant chief immigration judge last month to hear a single case on his docket, which resulted in a young undocumented immigrant, Reynaldo Castro-Tum, being ordered deported.

Assistant Chief Immigration Judge Jack Weil told Morley that comments in the Castro-Tum case were perceived as “criticism” of the Board of Immigration Appeals and attorney general’s decisions and that they were “unprofessional,” according to the grievance filed by the National Association of Immigration Judges. The cases all involve young undocumented immigrants and whether they got adequate notice from the government about hearings at which they failed to appear. Weil also told Morley that he himself should have either ordered Castro-Tum deported or terminated the case altogether.

It’s the most public fight yet between the union that represents the nation’s roughly 350 immigration judges and Sessions, who has intently focused on the immigration courts under his purview. The immigration judges have long bemoaned their structure under the Justice Department, but have taken particular issue with many of the moves pursued by the Trump administration that they say interfere with their ability to conduct fair and impartial court proceedings.

Unlike federal judges, immigration judges are employees of the Justice Department and the attorney general has the authority to hire them, manage their performance measures and even rule on cases with binding authority over how the judges must decide similar issues.

The judge’s union says DOJ broke the collective bargaining agreement by violating Morley’s independent decision-making authority.

Morley denied those comments were unprofessional and reiterated he made the proper decisions in the case based on the facts and due process, the grievance said.

“He’s being targeted for what is perceived to be criticism of the attorney general when it is in fact just a judge doing his job, raising concerns about due process,” Judge Ashley Tabaddor said Wednesday on behalf of the National Association of Immigration Judges.

[CNN]

Reality

The removal of Judge Steven Morley subverted the judicial process, undermined his independence, and impugned his competence and integrity, all to obtain a particular outcome in the case, according to the judges’ union and its labor complaint.

Trump compares Paul Manafort to Al Capone, fails to mention their tax evading similarities

President Trump deployed quite the metaphor for the first trial in Special Counsel Robert Mueller’s Russia probe.

Paul Manafort, Trump’s former campaign chair whose trial for tax and bank fraud began Tuesday, is being treated worse than infamous mobster Al Capone, the president declared. Scratch that — “Alfonse Capone.”

“Alfonse” is presumably the knockoff cousin of Alphonse “Al” Capone, Chicago’s murdering gangster eventually taken down for tax evasion. Manafort is similarly charged with hiding millions of dollars from the IRS, which is probably not the comparison Trump was hoping to draw.

[The Week]

Reality

Manafort is not “serving” his sentence yet. He violated the terms of his bail by attempting to influence witnesses and publish while under a gag order. He *earned* his jail confinement.

Trump Tells Sessions to ‘Stop This Rigged Witch Hunt Right Now’

President Trump called on Attorney General Jeff Sessions on Wednesday to end the special counsel investigation, an extraordinary appeal to the nation’s top law enforcement official to end an inquiry directly into the president.

The order immediately raised questions from some lawyers about whether it was an attempt to obstruct justice. The special counsel, appointed last year to oversee the government’s Russia investigation, is already looking into some of the president’s previous Twitter posts and public statements to determine whether they were intended to obstruct the inquiry into Russia’s interference in the 2016 election and any ties to the Trump campaign.

Mr. Trump’s lawyers quickly moved to contain the fallout, saying it was not an order to a member of his cabinet, but merely an opinion. An hour and a half after the tweet was posted, Mr. Trump’s lawyers contacted a reporter for The New York Times. In a subsequent telephone conversation, one of his lawyers, Rudolph W. Giuliani, dismissed the obstruction of justice concerns, calling it a “bizarre and novel theory of obstruction by tweet,” adding that it was “idiotic.”

Presidents typically do not weigh in on active Justice Department investigations, but Mr. Trump has been outspoken about his anger and frustration with the Russia inquiry. Mr. Trump has also said that he never would have made Mr. Sessions his attorney general if he had known Mr. Sessions would recuse himself from the inquiry.

The Justice Department declined to comment.

Mr. Sessions recused himself in early 2017 in part to avoid the kind of conflicts Mr. Trump proposed. Later, the special counsel, Robert S. Mueller III, was appointed to carry out the inquiry.

The president’s lawyers, Jay A. Sekulow and Mr. Giuliani, said in a telephone interview that Mr. Trump was not ordering the inquiry closed but simply expressing his opinion.

“It’s not a call to action,” Mr. Giuliani said, adding that it was a sentiment that Mr. Trump and his lawyers had previously expressed publicly and that it was a statement protected by the president’s constitutional right to free speech.

“He doesn’t feel that he has to intervene in the process, nor is he intervening,” Mr. Sekulow said.

The president wanted the legal process to play out, his lawyers said. “He’s expressing his opinion, but he’s not talking of his special powers he has” as president, Mr. Giuliani said.

[The New York Times]

Trump casts doubt on Russian election meddling ahead of Putin summit

President Donald Trump continues to cast doubt on US intelligence assessments that Russia meddled in the 2016 presidential contest, just as his aides announced details of his upcoming summit talks with President Vladimir Putin.

“Russia continues to say they had nothing to do with Meddling in our Election!” Trump wrote on Twitter Thursday morning. He went on to question why US law enforcement agencies weren’t investigating other perceived influences on the election, which he has repeatedly said was rigged for his opponent Hillary Clinton.

“Where is the DNC Server, and why didn’t Shady James Comey and the now disgraced FBI agents take and closely examine it? Why isn’t Hillary/Russia being looked at? So many questions, so much corruption!” he wrote.

The President’s tweet was sent roughly a half hour before the White House announced the two leaders will meet on July 16 in Helsinki, Finland, where they will “discuss relations between the United States and Russia and a range of national security issues.”

Trump’s summit with Putin is likely to draw criticism from the US President’s domestic critics, who accuse him of currying favor with Putin, and jitter US allies, who fear Trump will take a less hawkish position with Russia on issues like the annexation of Crimea and military exercises near the Russian border in eastern Europe.

The summit takes place four days after a NATO meeting in Brussels, where Trump will meet leaders of US military allies. NATO members were worried that if the summit with Putin had taken place earlier, Trump might have agreed to something with the Russian leader that they would have been forced to go along with.

[CNN]

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