• Home
  • Mission of This Site
  • Contact

Impeachable Offenses?

~ Examining the Case for Removal of the 45th President of the United States

Impeachable Offenses?

Tag Archives: investigation

Rosenstein Spared

09 Tuesday Oct 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

Department of Justice, deputy attorney general, firing, florida, Impeachment, investigation, midterm, Obstruction of Justice, police chief, president, rosenstein, trump

It has been reported that President Donald Trump has no intention of firing Deputy Attorney General Rod Rosenstein. There was some speculation that a firing or resignation would occur after it was reported by the New York Times that Rosenstein had discussed removing the President via the 25th amendment and recorded him secretly, though Rosenstein denied both allegations. Now, after a nice flight the two shared to Florida, Trump announces that he doesn’t intend to make any changes to the Justice Department.

This is surprising, considering the menagerie of firings Trump has collected throughout his campaign and administration.  However, there was some speculation that firing Rosenstein could amount to obstruction of justice, and with midterms looming, it may be that Trump is looking to avoid another scandal. This issue very well may resurface after November.

SUM7NGGLJUI6RI7GITNKHU263Y.jpgMandel Ngan/AFP/Getty Images

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Was Mueller’s Appointment Constitutional?

01 Monday Oct 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

Andrew Milller, donald trump, Impeachment, investigation, marine medvin, Mueller, Obstruction of Justice, paul kamenar, president, robert muelller, roger stone, russian collusion, Special Counsel, Washington D.C.

Marina Medvin, a contributor to Forbes.com, wrote today about a constitutional challenge which has been brought against the authority of Special Counsel Robert Mueller. The challenge was brought by counsel for Andrew Miller, an aide to Roger Stone, who was subpoenaed by Mueller. It comes in three parts: 1) that according to the Constitution, short of a presidential appointment, Congress must create a law empowering the Attorney General to appoint a special counsel and no such law exists; 2) even if such a law does exist, Attorney General Sessions’ recusal is not sufficient to empower Deputy Attorney General Rosenstein to make such an appointment; and 3) the powers which Mueller has utilized are far beyond those appropriate for a Special Counsel and are equivalent to those of a “super U.S. attorney.”

Miller’s argument lost in the district court and he has taken it up on appeal. Mueller filed a brief in response (interested readers can find it here). It is unclear what would happen to Mueller’s investigative findings should his powers be invalidated. The searches and subpoenas he has executed so far, if not backed by constitutional authority, are sure to equate to violations of the 4th amendment rights of his subjects. That being said, the invalidation of his power seems an unlikely result. As Mueller pointed out himself, there is strong precedent for his power, dating back to 1870.

download (1).jpg AP Photo

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Presidential Obstruction of Justice

20 Thursday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

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

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Losing a Two-Front War

16 Sunday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

campaign chairman, civil suit, conspiracy to defraud, constitution, domestic emoluments, donald trump, foreign emoluments clause, impeach, Impeachment, investigation, Manafort, maryland, Mueller, Obstruction of Justice, paul manafort, plea deal, president, Special Counsel, trump, trump internation hotel, two-front war, u.s. district court of maryland

This week has proven to be a difficult one for President Trump. As both civil and criminal investigations draw near and his tight spot becomes tighter, one can only begin to imagine his discomfort.

The world of Special Counsel Robert Mueller’s investigation has gotten a little brighter with the cooperation of Paul Manafort. Trump’s former Campaign chairman finally struck a plea deal last Friday and pleaded guilty to conspiracy to defraud the United States and obstruction of justice. Though Trump’s press secretary, Sarah Sanders, argues that the charges against Manafort have nothing to do with the President and could not incriminate him, Manafort apparently possesses information valuable enough for Mueller to agree to waive 5 of his 7 charges and argue leniency in his sentencing. Especially valuable is Manafort’s participation in the Russian lawyer meeting and any insight he may be able to give as to what happened there. Some theorize that Manafort’s cooperation promises the end of Mueller’s investigation.

On top of Mueller’s progress, Trump faces discovery requests pursuant to a civil suit in the U.S. District Court of Maryland. The suit alleges that Trump violated the Domestic and Foreign Emoluments Clauses of the United States Constitution through operation of the Trump International Hotel near the White House. Pursuant to those allegations, the plaintiffs, D.C. Attorney General Karl Racine and Maryland Attorney General Peter Frosh, are seeking communications between Trump and foreign and U.S. state government officials related to use of the hotel, records of the hotel’s business with foreign officials, records of cash transferred from the trust which collects the hotel’s funds to Trump, and documents from the General Services Administration and the U.S. Treasury Department which lease the hotel building to Trump.

The likely result of these two investigations is that allegations of impeachable offenses committed by Trump, conspiracy to defraud the American people, obstruction of justice, and violation of the emoluments clauses, will soon either be substantiated or refutable. And with midterm elections looming, this information could not have come at a better time. Soon there will be a Congress that can transform all of this discovery into articles of impeachment.

GettyImages-578331186-trump-manafort-2016-1120.jpgBill Clark, CQ Roll Call, Getty Images

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Getting to Know Jane Raskin

12 Wednesday Sep 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

bloomberg, defense, donald, donald trump, impeach, investigation, jane raskin, Lawyer, Mueller, president, rudy giuliani, Special Counsel, trump, white collar

Readers might be interested in an article published by Bloomberg today entitled “Trump’s Little-Known Lawyer on the Front Lines Against Mueller.” It details the background of Jane Raskin, a white-collar defense lawyer from Florida. Though she is less talked about than Giuliani, Raskin has been working as President Trump’s lawyer since April, shortly after John Dowd left the position. She has gone head-to-head with Special Counsel Mueller’s deputy, Jim Quarles, over permissible communications with President Trump, conducted much of the research behind Trump defense, and is the lead writer of a report meant to counter Mueller’s eventual findings. Interestingly the lawyer has personal ties to Mueller: “both lawyers were prosecutors in Boston early in their careers — Raskin tried organized crime and racketeering cases for the Justice Department while Mueller investigated financial fraud, terrorism and money laundering for the U.S. attorney’s office.”

raskin.jpgraskinlaw.com

 

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

The Value of Weisselberg

25 Saturday Aug 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

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

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

A Deeper Conspiracy: Saudi Arabia and the United Arab Emirates Enter the Mix

20 Sunday May 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 3 Comments

Tags

Conspiracy, defraud, Donald Trump Jr., Election, george, impeach, investigation, israel, joel, manipulation, nader, russia, saudi arabia, social media, trump, united arab emirates, zamel

The New York Times reports that Donald Trump Jr. met with George Nader, an emissary for the princes of Saudi Arabia and the United Arab Emirates, and Joel Zamel, an Israeli social media specialist, 3 months before President Trump’s 2016 election. Supposedly, the main purpose of the meeting was to develop relationships among the parties, but there was also discussion of the potential for social media manipulation on behalf of the Trump campaign. Nader and Zamel met with the Trump team again after he was elected. These meetings are being investigated by the FBI.

The question which may spring to one’s mind is whether this meeting could constitute further conspiracy to defraud the United States. This question has been analyzed thoroughly by Professor Bowman in the context of the Russian Lawyer Meeting. The crime is composed of two basic elements: 1) an agreement to 2) defraud the United States. The United States can be defrauded of its right to a fair and honest election, and we will assume for the sake of this post that the manipulation of social media constitutes such a fraudulent taking (though that may in fact be a gray area). So what is left to be examined is whether the meeting between Trump Jr., Nader, and Zamel constitutes an agreement.

Though we have no direct evidence of an agreement, a conspiracy may be established, at least in the context of antitrust, by parallel behavior accompanied by certain “plus factors” (those which add to the circumstantial possibility of agreement).  What we know is that Nader paid Zamel $2 million after President Trump was elected, the reason for which is unclear. We also know that Trump recently abandoned the Iran Nuclear Deal, a position Nader was known for advocating. This is probably not enough to establish a conspiracy, but perhaps further investigation will reveal more. There is also some evidence of ties between Nader and Zamel and Russia. Though it is very unclear as of yet, we may be dealing a conspiracy much larger than we first imagined.

20DC-INVESTIGATE-nader-superJumbo-v2.jpgRon Sachs/Picture-Alliance, via Associated Press

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Trump won’t be Indicted

17 Thursday May 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ 1 Comment

Tags

Congress, Impeachment, indicment, investigation, Mueller, president, report, rudolph giuliani, trump

Rudolph Giuliani claims that he has it on good authority that Mueller will not indict President Trump; and the Washington Post says that there is good reason to believe him, because the Justice Department guidelines say that he can’t.  This question has been examined by Professor Frank Bowman on this blog; and he pointed out that the question, as far as Mueller goes, is not whether an indictment will occur, but whether Mueller will recommend that Trump be indicted. Bowman proposed that this recommendation may come in two forms; that Trump be indicted after his presidency, or that he be indicted immediately. The latter recommendation, even if doomed to fail, will potentially have the same effect as the former recommendation: Mueller’s report will reach Congress and lead to impeachment.

180503095830-01-rudy-giuliani-file-exlarge-169.jpgCarolyn Kaster, AP

 

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Mueller Subpoenas the Trump Organization

16 Friday Mar 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

business, Collusion, counsel, finance, Impeachment, interference, investigation, money, Mueller, records, russia, special, subpoena, trump, trump organization

Special Counsel Mueller has subpoenaed the Trump Organization for business documents. The subpoena is seeking documents related to Russia from the time before Trump ran for office. This is the first time President Trump’s business records have been subpoenaed, and marks an evolution in Mueller’s investigation.

Trump has previously stated that he would “draw a line” before he allowed his and his family’s records to be subpoenaed. Though Trump’s business records are not quite his personal records, they do bring the investigation closer to his private affairs. Mueller’s willingness to hone in on Trump indicates at least a reasonable belief that he will find documents related to Russia, and, considering the fragility of the situation, could mean an even greater suspicion.

Image result for trump org Getty

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...

Nunberg Considers Refusing Mueller’s Subpoena

06 Tuesday Mar 2018

Posted by crosbysamuel in Articles, Uncategorized

≈ Leave a comment

Tags

advisor, bannon, bloomberg t.v., campaign, contempt, court, Emails, former, grand jury, Impeachment, investigation, memo, Mueller, nunberg, Obstruction of Justice, of, roger, sam, steve, stone, subpoena, trump

Sam Nunberg, former campaign adviser for President Trump, has said that he intends to refuse to comply with the subpoena that was issued to him by Mueller’s investigation. Nunberg seems not to take so much issue with the idea of testifying against Trump, whom he is “not a fan of,”  as he does spending time going over the emails that he exchanged with Steve Bannon and Roger Stone. He is quoted as saying”I think it would be really really funny if they wanted to arrest me because I don’t want to spend 80 hours going over emails . . . .” Nunberg also said he is planning to appear on Bloomberg TV to tear up the subpoena.

The Mueller investigation issues grand jury subpoenas to obtain interviews and documents. Grand Jury Subpoenas are governed by Rule 17 of the Federal Rules of Criminal Procedure. Rule 17(g) of the FRCP holds that a person refusing to comply  with a subpoena may be held in contempt of court. Section 402 of title 18 of the U.S. Code describes when contempt may be considered a crime:

Any person . . . . willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, . . . . if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted . . . . and shall be punished by a fine under this title or imprisonment, or both.

So, what that says is that if in refusing to comply with a court order one commits an additional crime, they are subject to a fine and imprisonment. But has Nunberg committed a crime? He would if he were to actually follow through with his plan to tear up his subpoena on Bloomberg TV. Section 1519 of Title 18 of the U.S. Code reads:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

So, this law makes destruction of documents related to a federal investigation a crime. Additionally, the mental state written in this statute is pretty broad: one need only intend to “impede, obstruct, or influence” an investigation. If Nunberg is using the destruction to demonstrate his contempt, it is arguable that in so doing that he intended to impede or influence Mueller’s investigation. So, if Nunberg were to refuse to comply with Mueller’s subpoena, and in so doing destroyed his subpoena, he could be charged with criminal contempt, as well as punished for the destruction of the document itself.

Luckily for Nunberg, however, he thought better of this course of action. He conceded late Monday that he would cooperate with Mueller. Considering the possible ramifications of his actions, that seems a wise choice.

05-sam-nunberg.w710.h473.jpgPhoto: MSNBC

Share this:

  • Twitter
  • Facebook

Like this:

Like Loading...
← Older posts
Newer posts →

Blog Owner

Frank O. Bowman, III


Floyd R. Gibson Missouri Endowed Professor of Law
University of Missouri School of Law

Web Profile

Enter your email address to follow this blog and receive notifications of new posts by email.

Professor Bowman on Impeachment »

Bibliographies

Explore bibliographies categorized by author and subject, and find other resources.

Posts by Topic

  • The Case for Impeachment
  • Defining Impeachable Conduct
  • Impeachment on Foreign Policy Grounds
  • Impeachment for Unfitness
  • Obstruction of Justice
  • Abuse of Criminal Investigative Authority
  • Election Law Violations
  • Foreign Emoluments
  • Conspiracy to Defraud the   United States
  • Politics of Impeachment
  • Lying as an Impeachable Offense
  • Abuse of Pardon Power
  • Electoral College
  • House Impeachment Resolutions
  • The Logan Act
  • The Mueller Investigation
  • Impeachment of Missouri Governor Greitens
  • Historical Precedent for Impeachment
  • Messages from Professor Bowman

Student Contributors »

Enter your email address to follow this blog and receive notifications of new posts by email.

Blog at WordPress.com.

  • Follow Following
    • Impeachable Offenses?
    • Join 204 other followers
    • Already have a WordPress.com account? Log in now.
    • Impeachable Offenses?
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

    %d bloggers like this: