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Impeachable Offenses?

~ The Use & Abuse of Impeachment in the 21st Century

Impeachable Offenses?

Tag Archives: Collusion

The Moscow Project Looms

29 Thursday Nov 2018

Posted by crosbysamuel in Articles, Uncategorized

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charge, cohen, Collusion, conspiracy to defraud, false statements, felix sater, fixer, guilty, house of representative, House of Representatives Permanent Select Committee on Intelligence, Impeachment, individual 1, individual 2, Lawyer, Michael, Moscow Project, Mueller, president, russia, Senate, Senate Select Committee on Intelligence, Special Counsel, trump, Trump Tower

Michael Cohen, President Trump’s former lawyer, pleaded guilty earlier today to a charge of “false statements,” for lying to Congress about the extent of his and President Trump’s involvement in plan to build a “Trump Tower” in Moscow, Russia. Cohen falsely represented, in a letter sent to the Senate Select Committee on Intelligence and House of Representatives Permanent Select Committee on Intelligence, that 1) “The ‘Moscow Project’ ended in January 2016 and was not discussed extensively with others in the Company;” 2) “Cohen never agreed to travel to Russia in connection with the Moscow Project and ‘never considered’ asking [President Trump] to travel for the project;” and 3) “Cohen did not recall any Russian government response or contact about the Moscow Project.” In fact Cohen communicated with Felix Sater, a real estate developer with Russian ties, about the project; told Sater he would travel to Russia; addressed Trump about the possibility of Trump traveling to Russia; and communicated directly with Russian officials about the project.

Obviously this looks bad for Trump. The evidence of these ongoing communications with Russian agents strengthen the case for collusion/conspiracy to defraud in that it helps to establish, at least, that Trump’s confidant and fixer had strong ties to Russia while Trump was campaigning for office, and goes a long way towards establishing that Trump had such ties as well. While that doesn’t get us all the way to conspiracy to defraud, it certainly helps to bring us closer. One email written by Sater in November 2015 about the project may be damning. It read in part: “our boy can become President of the USA and we can engineer it.”

e201bbe0-4806-4aef-a7f0-0a873d9738b7-AP_Trump_Lawyer_Party_Switch.jpgMary Altaffer, AP

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Manafort Flips Again

27 Tuesday Nov 2018

Posted by crosbysamuel in Articles, Uncategorized

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campaign chairman, Collusion, Conspiracy, impeachable offense, Impeachment, indictment, lying, pardon, paul manafort, plea agreement, president, Robert Mueller, russia, russians, Special Counsel, trump, wikileaks

Special Counsel Robert Mueller has submitted court filings indicating that his team will not be recommending that Paul Manafort’s, President Trump’s former campaign chairman, sentence be reduced as previously considered, because Manafort has not been cooperative with his investigation. Manafort plead guilty to two counts of conspiracy pursuant to a deal he made with prosecutors; however, contrary to that agreement, Manafort has been lying to authorities (about some unspecified things). David S. Weinstein, a former federal prosecutor, believes Manafort’s lack of cooperation may be due to a belief that he will ultimately receive a pardon for his crimes. The consequences of such a pardon and similar pardons have previously been considered on this blog.

manafort.jpg

 

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Will the Investigative Torch Pass to the House?

13 Tuesday Nov 2018

Posted by crosbysamuel in Articles, Uncategorized

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acting attorney general, Adam Schiff, attorney general, Collusion, Committees, donald trump, House appropriations committee, house intelligence committee, House of Representatives, investigation, Jeff Sessions, matt whitaker, midterms, Mueller, nancy pelosi, nita lowey, president, russia, zoe lofgren

With Jeff Sessions gone as Attorney General and Matt Whitaker positioned as acting AG, one has to wonder how much longer Mueller will be able to carry on his investigation unhindered. It may be the Special Counsel will have to pass his baton over to the House. But will  House Democrats vigorously investigate?

This article from Vox, written by Ezra Klien, correctly points out that because Democrats took the House but not the Senate, they will have trouble passing legislation into law. Much of what power is left to them is in the  investigation of President Trump. With their new found majority, Democrats are taking over vital investigative committees in the House. New York Democrat Nita Lowey, will chair the Appropriations Committee, and has “a laundry list of potential areas for inquiry. . . . [including the] family separation policy and hurricane relief in Puerto Rico.” California Rep. Adam Schiff will lead the House Intelligence Committee, which has already been engaged in the Trump investigation.

However, Democrats may be reluctant to shift their focus to investigation. Nancy Pelosi, House Democratic Leader, has said that any investigations will be “strategic” aimed at “seek[ing] the truth.” And Rep. Zoe Lofgren, a Democrat from California, expressed a similar sentiment, stating: “if Mueller sends us an exploding bomb, we may have an obligation to deal with that. But absent that, I don’t think the country will be on board with impeachment, and nor should we.” She feels that focusing on the investigation will distract from what “really matters to people.” It may be Democrats are unwilling to focus their energy of uncovering a truth that, even if it leads to impeachment in the House, will fail to cause removal by the Senate.

pelosi.jpgJ. Scott Applewhite

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Trump Balks at “Chinese Propaganda”

27 Thursday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

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Abraham Denmark, bots, china, China Daily, chinese, Collusion, Conspiracy, conspiracy to defraud the united states, des moines, donald, Impeachment, interference, iowa, president, register, Russian, the des moines register, trump

President Trump charged China with “placing propaganda ads in the Des Moines Register and other papers,” in response to a 4-page advertorial purchased by a Chinese State-run paper. The advertorial was fashioned as a series of articles entitled “China Watch” (PDFs found here). Trump’s response is particularly striking in light of his relative silence in response to the established interference of Russian robots. Abraham Denmark, “a former senior Pentagon and U.S. intelligence official [and current] director of the Wilson Center’s Asia Program,” told the New Yorker that this was an old practice and much less extreme than recent Russian actions: ” . . . there’s a distinction between influence and interference. What China did was the former, what Russia did was the latter.”

Denmark brings up an interesting point for an impeachment discussion. President Trump is being investigated for conspiracy to defraud the United States for his possible collaboration with Russians with the intention of interfering with the Presidential election. Some scholars believe that could constitute fraud. Though Trump could not be charged with colluding with the Chinese, it is an interesting question whether the actions of the Chinese government could similarly constitute fraud. That seems unlikely. In addition to what Denmark has already suggested (that there is a distinction between influence and interference) we are also missing the element of deceit (as described by Professor Bowman in the link posted immediately above). The Chinese were very candid in their attempts to influence voters — there was a banner at the top of each page of their advert which read “section sponsored by China Daily.” This is far from the equivalent of the massive campaign of Russians who adopted American personalities online. Therefore there was no probably no fraud involved; making Trump’s reaction contrast even more starkly his silence in the face of Russian interference. That being said, that’s an answer to a question nobody was asking. More soon.

397c0ded-a693-4cc2-bf77-10f6043cadb3-IMG_5088.jpgThe Des Moines Register

 

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The Russians Influenced the Election — So What?

25 Tuesday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

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bots, Collusion, Conspiracy, conspiracy to defraud the united states, Cyberwar: How Russian Hackers and Trolls Helped Elect a President—What We Don’t, donald trump, Kathleen Hall Jamieson, overt act, president, robots, russia, russian hackers, trolls, trump

The New Yorker writes today that Russian bots and trolls likely did influence the 2016 election; or rather Kathleen Hall Jamieson, author of  “Cyberwar: How Russian Hackers and Trolls Helped Elect a President—What We Don’t, Can’t, and Do Know,” asserted as much during her interview with the paper. She writes about how, through an online campaign, Russian hackers influenced voters to garner support for Trump. These trolls adopted pseudo-American-identities to better influence their audience, and, according to Jamieson, succeeding in swaying the vote.

Though this is an alarming proposition, it is worth noting that it is not one that needs to be established for a charge of conspiracy to defraud the United States. A showing of success is not necessary for a charge of collusion — all that is necessary is that there is a conspiracy with the aim of defrauding the U.S. and some overt act taken in pursuit of that goal. Whitfield v. United States, 543 U.S. 209, 214, 125 S. Ct. 687, 691, 160 L. Ed. 2d 611 (2005). As such, it would be sufficient if Trump were to have conspired with Russian hackers, the Russian hackers assumed American avatars, and then the whole plan went belly up. That being said, the idea that the presidency was handed to Trump by internet trolls could add fervor to impeachment efforts.

trump.jpg

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Presidential Obstruction of Justice

20 Thursday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

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2016 surveillance, bruce ohr, Carter Page, Collusion, communication, donald trump, FBI, federal bureau of investigation, firing, former, Impeachment, investigation, James Comey, Obstruction of Justice, president, release, russia, texts

This article from the California Law Review, written by Daniel J. Hemel and Eric A. Posner and entitled Presidential Obstruction of Justice, examines the standard for charging a United States president with obstruction of justice in light of his role as head of the executive branch and federal law enforcement. The authors assert that a president does violate the law when he obstructs justice with an improper purpose and explore what that improper purpose might be. They ultimately claim that when a president acts/obstructs justice to “take care that the laws be faithfully executed,” his purpose is proper, but that otherwise it is not.

This analysis is of course significant in light of President Trump’s firing of Former FBI James Comey which some believe was an act obstructing justice. The friction between Comey and Trump was brought to the forefront again on Monday when the President ordered that Comey’s communications be released to the public along with ” 20 pages of a 2016 surveillance application targeting former Trump campaign adviser Carter Page and Justice Department official Bruce Ohr’s notes related to the Russia probe.” Comey believes that Trump is trying to root out a procedural mistake made by the FBI, but is confident he will not find one.

comey.jpgCarsten Koall/Getty Images

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The Anonymous Letter

06 Thursday Sep 2018

Posted by crosbysamuel in Articles

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25th amendment, Collusion, Fear, Impeachment, incompetence, leak, new york times, president, quiet resistance, removal, resistance, russia, tough, trump, Woodward

The nation is abuzz with talk of the anonymous op-ed piece published by the New York Times. The writer is apparently a senior official in the Trump Administration and names him-or-herself  as part of the “quiet resistance.” The piece describes efforts taken by its author and others to walk-back, avoid, and otherwise subvert the President’s more rash decisions. In essence, it paints Trump as an out-of-control child. Some readers will wonder how this is news; however the piece is significant for several reasons. 1) It corroborates other, similar accounts of the Trump administration, such as those leaked by aides and those written in “Fear,” Bob Woodward’s book; 2)  it simultaneously bolsters and rebuffs the 25th amendment theory of removal. The author of the piece wrote that Trump’s cabinet considered removing the President for incompetence, but ultimately decided against it because “no one wanted to precipitate a constitutional crisis.” This confirms both that at some point use of the 25th amendment was a real possibility and also that it will likely never happen. That being said, confirmation of the President’s incompetence could add strength to other removal proceedings, such as through impeachment in the House; 3) perhaps most importantly, it helps to resolve the mixed relationship the Trump Administration has with Russia. The author wrote that though Trump has complained about Russian sanctions, the ‘resistance’ has worked to ensure it sanctioned and otherwise punished the nation for stepping out of line. Trump has boasted in the past that “there’s never been a president as tough on Russia as I have been.” Now we know that the punitive steps that the Trump Administration has taken towards Russia may very well have had nothing to do with Trump or have been done in spite of him. Though it may seem a small thing in light of evidence mounting elsewhere, this strengthens the case for collusion and could perhaps help to usher in impeachment.

920x920.jpgSusan Walsh, AP

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The Value of Weisselberg

25 Saturday Aug 2018

Posted by crosbysamuel in Articles, Uncategorized

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allen, chief financial officer, clause, Collusion, constitution, cooperating, emoluments, financial, foreign, Impeachment, investigation, Mueller, records, russia, Special Counsel, trump, weisselberg

This Bloomberg article, written by Justin Sink, accounts for each of the Trump associates which are now helping to build a case against the President. Interestingly, included among their numbers is Allen Weisselberg, the chief financial officer of the Trump Organization. Information from Weisselberg could prove especially threatening to Trump.  He has been the C.F.O of the Trump Organization for years,  has worked with the Trump family in some capacity since 1970, serves as treasurer to President Trump’s personal foundation, and is the only non-family member that serves as a trustee to the trust that owns the Trump Organizations business interests. This is significant, because investigators have been previously unable to access Trump’s financial records. Now they have the next best thing. Weisselberg, with his intimate knowledge of the President’s finances, could provide the information previously sought from the records, such as evidence of Russian dealings or violations of the foreign emoluments clause. Even if this information is not sufficient to build a case, it could very well be sufficient enough to get a subpoena for the President’s records.

im-23399.jpgThe Wall  Street Journal

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Recall-est, recall-est, the 21st of August

22 Wednesday Aug 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 2 Comments

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admitted, articles of impeachment, bank, campaign manager, cohen, Collusion, dark, foreign account, fraud, guilty, Impeachment, invesitgation, Lawyer, Manafort, manhattan, Mueller, plea, tax, trump, tuesday

Of campaign finance law violations and plot! “Tuesday was one of the darkest days of Trump’s year and a half in office.”  That’s a quote from a Politico article describing the beating Trump’s presidency took today from Paul Manafort’s and Michael Cohen’s respective guilty verdict and plea.

Manafort has been convicted on 8 counts of tax fraud, bank fraud, and hiding foreign bank accounts. This is exciting news, but has been largely overshadowed by the accusations which accompanied the guilty plea of Michael Cohen, which came only hours before. When Cohen stepped into the New York federal district courtroom to plead guilty to breaking campaign finance laws, he also admitted that the payments he made to the adult film stars were issued at the bequest of President Donald Trump.

If this it true, it is groundbreaking news. Though Trump has brushed it off, stating that it has “nothing to do with Russian collusion,” it still (shockingly) warrants consideration. First off all, the payments very well may have something to do with Russian collusion. The money used to pay Stormy Daniels (one of the actresses) could have come from Russian officials (a full post about that subject can be found here). Additionally, regardless of whether the payments were related to collusion, Trump could still be considered a conspirator to Cohen’s crimes. This is almost certain to result in an article of impeachment, and perhaps someday indictment. And lastly, the simultaneous plea and verdict are bound to light a fire under Mueller’s investigation as each conviction adds to its credibility. If there is treason and plot, Mueller will find it.

michael-cohen-court-1-ap-thg-180821_hpMain_2_16x9_992.jpgABC News

 

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The Consequences of Pardoning Manafort

18 Saturday Aug 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 5 Comments

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18 U.S.C. 1510, bribe, campaign, Collusion, deliberations, Election, Impeachment, interference, jury, Manafort, manager, Mueller, pardon, president, russia, trial, trump, ukraine

Today marked the second day of jury deliberations for the trial of Paul Manafort, the former Trump campaign manager. Manafort is being tried for 18 criminal charges for bank and tax fraud related to the time he spent working for a Ukrainian political party. Manafort refused to cooperate with the Mueller investigation, and it has been theorized that this decision was based on a belief that President Trump would pardon him if he were convicted.

Whether Trump will pardon Manafort is unknown; however he has used his pardon power politically in the past, and his former lawyer, John Down, apparently broached the subject of a possible pardon with Manafort’s lawyers. When asked whether he would consider pardoning Manafort, the President refused to say, but did comment that  “the whole . . .  trial is very sad.”

In an article written for the American Constitutional Society, entitled Why President Trump Can’t Pardon His Way Out of the Special Counsel and Cohen Investigations, Noah Bookbinder, Norman Eisen, Caroline Fredrickson, and Conor Shaw write that “a prospective pardon of a witness in the Russia investigation might . . . constitute an obstruction of a criminal investigation . . . .” They are referring to section 1510 of title 18 of the the United States Code, which makes the “[willful endeavoring], by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator” a federal crime. If President Trump did, directly or indirectly, promise Manafort a pardon in exchange for his refusal to cooperate with Mueller, then he may not only be subject to criminal indictment but yet another article of impeachment as well.

5b3f9a219e2a102f008b47ed-750-375.jpgDrew Angerer/Getty Images

 

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Frank O. Bowman, III


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Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
Univ of Missouri School of Law

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