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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: Mueller

Much ado about titillating tidbits in the Mueller investigation

26 Friday Jan 2018

Posted by impeachableoffenses in Uncategorized

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Comey, McGahn, Mueller, Obstruction of Justice, Robert Mueller, Special Counsel

By Frank Bowman

In the last week,  several items surfaced in relation to the Mueller investigation that set the media atwitter, in both the traditional and social media senses.

First, as my invaluable RA and blog co-author Sam Crosby noted, the New York Times reports that last June Mr. Trump ordered the firing of special counsel Robert Mueller, but backed down after White House Counsel Donald McGahn threatened to resign if he followed through with the order.  Since the story broke, commentators have tended to fall into three camps.  Mr. Trump himself called the report “fake news.” (Notably, neither Mr. McGahn nor anyone else from the White House has so far denied its veracity.)  Those who accept the report as true but are disposed to defend Mr. Trump have argued that he was just blowing off steam, which is no offense.  Those who view Mr. Trump less favorably have suggested either that this event is evidence of Mr. Trump’s state of mind in relation to obstruction of justice (i.e., it tends to prove that actions like firing James Comey were undertaken for the purpose of obstructing the Russia investigation), or that the rescinded order was itself an attempt to obstruct justice.

On this one, I’m more sympathetic than usual to the pro-Trump camp. Standing alone, Trump’s reported order is of no consequence.  NEWS FLASH: President decides to do something politically stupid and possibly illegal, but is talked out of it!  That’s not a crime. It’s not an impeachable offense. At most it demonstrates, as if more demonstration were needed, the extraordinary variability of our wayward chief executive’s brain.

As for the multiple commentators straining to make Mr. Trump’s almost-firing of Mueller part of the mosaic of evidence in a case of obstruction of justice, well, yeah, I guess it adds a teensy bit to the argument that Mr. Trump had a corrupt purpose in firing Mr. Comey.  But, let’s face it, not much.  Bob Mueller’s job, after all, is to be a highly public thorn in the president’s side.  The temptation to sack him would be intense, even for a president who was both entirely innocent and far more temperate than Mr. Trump.  Nearly yielding to that temptation, but pulling up short of actually doing it, just doesn’t prove much.

The week’s other big Trump-Mueller story was Mr. Trump’s apparently off-the-cuff declarations that he’d be happy to talk on the record, under oath, to Mueller’s investigators.  This was treated as earth-shaking news, perhaps signaling confidence by White House counsel and Mr. Trump’s private lawyers that the Mueller investigation would be winding up soon with nothing untoward to report about Mr. Trump.  This interpretation survived for a few hours — roughly the period it took for Mr. Trump’s lawyers to pick themselves up off the floor, swear colorfully at their client’s incorrigible refusal to listen to their advice, knock back a neat whiskey or two, and then get on the phones to start walking the story back.

Personally, I put Mr. Trump’s assertion that he looks forward to talking with the Mueller team, under oath or otherwise, in the same bin with his statements  during the campaign that he would release his tax returns once they were no longer under audit.  Mr. Trump’s whole life is a saga of promises blithely made and even more blithely broken.  His egotism may persuade him that he could dance nimbly through the minefield of an encounter with really good prosecutors.  But my bet is that his lawyers will dissuade him from a voluntary interview by Mr. Mueller, and that they will resist any effort to compel an appearance before a grand jury.

In short, nothing much of consequence happened this week on the Mueller front. Stay tuned.

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Trump Called to have Mueller Fired

26 Friday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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attempt, Comey, conflict of interest, corrupt, davos, don mcgahn, FBI, fired, impeach, Mueller, Obstruction of Justice, president, request, trump

Reports that President Trump called to have Special Counsel Robert Mueller fired surfaced last night. The request came only a month after Former FBI Director James Comey was fired, and soon after it was revealed that Mueller would be invesitgating potential charges for obstruction of justice against the President. Apparently, White house counsel Don McGahn refused to initiate the firing, because he did not agree with the President’s reasons for doing so (the President cited several conflicts of interest he believed Mueller had).

Trump denies that he asked that Mueller be fired, and Former White House Communications Director Anthony Scaramucci said the accusation was irrelevant because Mueller was not actually fired. However, it may not be so irrelevant. As discussed by Professor Bowman previously on this blog, 18 United States Code, Section 1512(c) outlaws a corrupt attempt to obstruct, influence, or impede an actual or impending proceeding. If the President’s request that Mueller be fired could constitute a corrupt attempt, that may mean additional charges for obstruction of justice against Trump.

mueller-fbi.jpgJ. SCOTT APPLEWHITE/AP

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The Firing of Flynn and Comey

24 Wednesday Jan 2018

Posted by crosbysamuel in Uncategorized

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ambassador, Collusion, Comey, firing, flynn, impeach, Impeachment, interview, kislyak, Mueller, Obstruction of Justice, president, russia, Special Counsel, trump

Special Counsel Robert Mueller is  seeking to interview President Trump about the firing of former FBI Director James Comey and the departure of former national security adviser Michael Flynn. Comey was in the midst of an investigation of Trump’s campaign’s connections with Russia when he was fired by the President, and Flynn resigned, apparently under pressure from the President, for lying about his contacts with the Russian Ambassador, Sergey Kislyak.

The firing of Comey has often been cited as obstruction of justice, and the removal of both Comey and Flynn could indicate that the President is guilty of collusion. Regardless of whether that is the case, however, Mueller’s attempts to interview the President indicate that he is nearing the end of his investigation. Whether the President will submit to an interview remains to be seen.

170517210646-comey-mueller-super-tease.jpgNicholas Kamm/AFP/Getty Images

 

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Mueller to Interview Trump

09 Tuesday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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2018 midterms, Collusion, Comey, FBI, firing, impeach, Impeachment, interview, investigation, Mueller, Obstruction of Justice, Politics, Putin, Special Counsel, trump

Special Counsel Mueller intends to interview President Trump soon, a decision which some believe signals the nearing of the end of his investigation. Though Trump has said that he is happy to talk about Russian collusion, a conversation he believes he will clear his name, his lawyers are scrambling to find a way to avoid or limit Mueller’s interview. Commentators believe what they are trying to avoid are questions about obstruction of justice: namely the firing of former FBI Director James Comey, and the lies former national security adviser, Michael Flynn, told the FBI.

Regardless of the motive for the interview, however, the timing could not be better for Democrats. With the 2018 midterms fast approaching, should Mueller’s investigation come to a close soon, its results may be a boon to Democrats running for Congress. And of course, if Democrats are able to obtain a majority in the House and Senate, impeachment will become more likely.

robert-mueller-mckelvey_j4wbro.jpegAlex Wong/Getty Images

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A Mad Week: As Trump’s Unfitness Becomes Ever Plainer, Republicans Maneuver to Protect Him

06 Saturday Jan 2018

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Clinton Foundation, Fire & Fury, Graham, Grassley, hillary clinton, Jeff Sessions, Justice Department, Michael Wolff, Mueller, politics of impeachment, Steele

By Frank Bowman

During the past week, two discordant trends gathered strength in the parallel universes inhabited by the increasingly Trumpist Republican Party and pretty much everyone else.

One the one hand, evidence of Mr. Trump’s unfitness for office continued to mount.  Michael Wolff’s book about the Trump campaign and his early days in office, Fire & Fury, was breathlessly previewed, and then released early in the face of a threat by Trump to sue to stop it.  Whether or not all the details of the book are accurate, the thrust of its portrayal of Trump — an unprepared, barely literate, narcissist who ran for president as a brand-building stunt, never expected to win, and lacks the minimum levels of intelligence, rectitude, maturity, discipline, and psychological stability necessary for the job — is entirely consistent with the existing public record.

Mr. Trump is reportedly furious about the book, and his handlers have furiously disparaged both book and author.  But, typically, Trump’s own uncontrollable compulsion to return fire merely confirmed the truth of the book’s portrait of a man both pathologically insecure and cripplingly wanting in self-awareness.  This morning, in response to Wolff’s disparagement of his intelligence and stability, Mr. Trump tweeted that he is “a very stable genius.”

Meanwhile, at the other end of Pennsylvania Avenue, congressional Republicans seem to be unaffected by the ceaseless accretion of proof that Mr. Trump is dangerously unsuited to be president.  Indeed, as Trump’s troubles increase, an increasing number of Republican legislators evince a readiness to undermine long-standing governing norms to protect him.

Trump and his defenders obviously view the Mueller investigation as a major threat to the administration.  It is increasingly plain that an important faction of Republican legislators also see Mueller as a threat, although it is unclear whether they are most concerned about the danger Mueller poses to Mr. Trump, or the danger that adverse conclusions by Mueller would pose to Republican electoral prospects in coming down-ballot elections.  Regardless, a two-pronged Republican strategy seems to be emerging.

Prong one involves attacking Mueller directly, with insinuations that he and his team are servants of an anti-conservative “deep state” embedded in the Justice Department and FBI, and calls for the resignation of AG Jeff Sessions so that he can be replaced by someone who could control Mueller’s supposed “witch hunt.”

Prong two is a transparent, but deeply dangerous, effort to divert attention from Mueller’s work by pressing for federal criminal investigations of Hillary Clinton, the Clinton Foundation, former members of the Obama Administration, and others who are either already recognized boogiemen to consumers of far-right media or, like James Comey, are persons whose reputation for probity threatens Trump.

I have previously deplored the willingness of the Republican members of the House Judiciary Committee to call for legally baseless investigations of Hillary Clinton and her campaign.  Such requests are corrosive of the rule of law inasmuch as they seek to politicize the criminal investigative apparatus of the federal government.  Worse, they undermine democracy itself by transforming elections into struggles to the death in which all tactics, however reprehensible, are justified by the imperative to avoid losing in an arena where losing could mean prison, or at least the crippling cost of endless investigations.

The latter consequence has now materialized for Secretary Clinton, as it was this week reported that the Justice Department has opened, or re-opened, investigations into the Clinton Foundation and perhaps the e-mail matter. In short, Jeff Sessions’ Department of Justice has folded under political pressure and in the process severely damaged its own institutional credibility.

Until this week, I was somewhat comforted by the relative restraint of Republican senators, some of whom had signaled opposition to any effort to fire Mueller or distort the ordinary professional judgments of the Department of Justice.  However, my tentative confidence in the relative rectitude of Republican senators was shaken this week when Senators Charles Grassley (R-Iowa) and Lindsey Graham (R-S.C.) made a formal referral to the Justice Department suggesting that criminal charges be brought against Christopher Steele, the former British intelligence agent whose consulting company assembled the famous dossier about Trump’s connections with Russia.

It is, to be frank, doubtful that the Justice Department will take serious action on this request.  But the mere making of it is plainly part of a larger strategy to diffuse the impact of the Mueller investigation, and to discredit Trump critics and sources of information about his Russian contacts. In short, at least some Republican senators are now joining in the deeply dangerous, profoundly corrosive tactic of using the Department of Justice as a pawn in the game of protecting Donald Trump.

Again, the dissonance between the mounting evidence of Mr. Trump’s unsuitability for the presidency and the increasing willingness of elected and appointed Republicans to undermine governmental institutions and democratic norms to protect him, and by extension the Republican Party, is stark.

A collision is coming.  I am not confident that the result will be a happy one.

Frank Bowman

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Chairman Nunes on the Prowl

01 Monday Jan 2018

Posted by crosbysamuel in Articles, Uncategorized

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firing, house intelligence committee, Mueller, nunes, Politics, Representative, special investigation

Representative Nunes, Chairman of the House Intelligence Committee, is using his position to take an offensive role against the Federal Bureau of Investigation (FBI). Nunes intends to issue a contempt citation against the agents who sent texts about President Trump,  and plans to issue a corruption exposé about the FBI. There has been some speculation that these offensive tactics, indicate that Special Investigator Mueller will soon be fired. If Nunes carries out his intentions, it may help to build a case for said termination.

download.jpgAP Photo

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The New Email Scandal

18 Monday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, email, Mueller, political, russia, Special Counsel

Special Counsel Mueller has obtained emails belonging to ‘Trump for America’ (TFA), the team which assisted in President Trump’s transition into the White House. The emails apparently reveal that several campaign members were aware of General Flynn’s communications with the Russian Ambassador, and serve to further establish the foundation for collusion permeated throughout the Trump campaign. Trump’s legal team is claiming that the emails were obtained improperly, and violate attorney-client privilege. Mueller denies the claim.

18dc-emails-master768.jpgAlex Wong/Getty Images

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Mueller Under Fire

16 Saturday Dec 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, Department of Justice, investigation, Mueller, political question, Politics, Special Counsel

Special Counsel Robert Mueller has been under attack by both President Trump and the Department of Justice. President Trump has called the FBI investigation into his campaign’s connections with Russia a “Democratic hoax,” and has brought into question the Bureau’s efficacy. Meanwhile, the Department of Justice has been playing a subtle political game with the FBI, by releasing the text messages exchanged between investigators on Mueller’s team which criticized Trump. All of this comes in the face of General Flynn’s cooperation with the Mueller campaign. Though defensive measures are not clearly indicative of guilt, they suggest a strong motive to hinder the investigation. More information may surface after Mueller meets with the President’s legal team next week. 

robert-mueller-gty-jpo-171101_31x13_992.jpgTom Williams/Getty Images

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Kushner Talks with Mueller

30 Thursday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, Kushner, Mueller, russia, russian lawyer, Special Counsel

Earlier this month Jared Kushner, President Donald Trump’s son-in-law and advisor, was questioned by special counsel Robert Mueller’s team of investigators.  This questioning was apparently related to the prosecution of former national security advisor Michael Flynn. Flynn’s lawyers recently stopped communicating with Trump’s, leading some commentators to believe that he is planning to inform on other members of the Trump campaign. It is unclear how Kushner’s interview impacts that theory; however, Kushner was present for the Russian lawyer meeting at Trump tower, and, if he cares to share, may have important information on collusion between Russia and the Trump campaign.

104740519-RTS1DWVH-kushner.530x298.jpgJonathan Ernst | Reuters

 

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Flynn Cuts off Communication with Trump

24 Friday Nov 2017

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, flynn, former national security advisor, implicate, Michael Flynn, Mueller, Obstruction of Justice, russian collusion, Special Counsel

This article from the Washington Post, reports that former National Security Adviser Michael Flynn’s legal team has halted communication with President Donald Trump’s legal team. Norm Eisen, who has worked with Special Counsel Mueller before, believes that the reason for that is that Flynn is planning to implicate a ‘higher up’ in the Trump campaign — possibly Trump himself. That could leave the President on the hook for either collusion or obstruction of justice; either of which is an impeachable offense.

tdy_alexander_flynn_170214.nbcnews-ux-1080-600.jpgNBC News

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Frank O. Bowman, III


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Floyd R. Gibson Missouri Endowed Prof of Law Emeritus
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