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Impeachable Offenses?

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

Impeachable Offenses?

Tag Archives: Special Counsel

Green to Continue the Push for Impeachment

31 Sunday Mar 2019

Posted by crosbysamuel in Articles, Uncategorized

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al green, articles of impeachment, Attorney General Barr, bigotry, Conspiracy, House of Representatives, impeach, impeaching, Impeachment, indictment, Mueller report, professor frank bowman, racism, Representative, Special Counsel, Summary, unfitness

Representative Al Green has expressed his intention to resubmit articles of impeachment this year. He introduced articles twice last year, citing Trump’s bigotry and racism as evidence of his lack of integrity and unfitness for office, and, forcing a vote on the floor, summoned the support of 60 democrats. He is not dissuaded by Attorney General Barr’s summary of Mueller’s report, and the lack of evidence of conspiracy between the President and the Russian government. He maintains that Trump is unfit for office because of his discriminatory decisions and statements.

Green’s position is similar, if more narrow, to that which has been put forth by Professor Bowman who presents  “a view of impeachment as an essential tool in the case of a president who consistently violates legal and behavioral norms essential to the preservation of American constitutional order.”

green.jpgDrew Angerer/Getty Images

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Barr Releases Summary of Mueller’s Report

24 Sunday Mar 2019

Posted by crosbysamuel in Articles, Uncategorized

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attorney general, Collusion, evidence, Federal Rules of Criminal Procedure 6(e), House of Representatives, impeach, Impeachment, indictment, insufficient, Obstruction of Justice, release, report, Robert Mueller, Rod Rosenstein, russia, Special Counsel, Summary, William Barr

Attorney General William Barr has released a four-page summary of Special Counsel Robert Mueller’s report. In it he announced that Mueller did not find sufficient evidence to establish the President Trump’s campaign conspired with Russian groups to manipulate the results of the 2016 election. Additionally, he writes that Mueller did not make a recommendation as to whether the President should be charged with obstruction of justice, but rather presented evidence on both sides of the issue and deferred to the Attorney General. Bar and Deputy Attorney General Rod Rosenstein have decided not to pursue indictment of the President on that charge. Barr notes that he intends to release as much of the report as will not violate Federal Rule of Criminal Procedure 6(e), governing the release of grand jury information. After the release of Mueller’s findings, the House of Representatives will have to decide whether they believe the evidence is sufficient for impeachment.

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Is Mueller Almost Finished?

21 Thursday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

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28 CFR 600, attorney general, Bill Barr, Collusion, confidential, Congress, discretion, donald trump, impeach, impeachable, Impeachment, investigation, Obstruction of Justice, president, privelege, report, Robert Mueller, russia, Special Counsel, subpoena, trump, William Barr

CNN Reported today that Special Counsel Robert Mueller may conclude his investigation as early as next week. Their information apparently came from sources familiar with Attorney General Bill Barr’s plan to announce the completion. But! Don’t get too excited. Though Mueller’s report may be finished soon, that doesn’t mean the public or Congress will get to see it.

The regulations which govern Special Counsels are contained in part 600 of title 28 of the Code of Federal Regulations. 28 CFR 600.8 says that when Mueller gets done, he needs to send his final product off to the Attorney General, Bill Barr. 28 CFR 600.9 says that Barr only has to tell Congress 1) that Mueller is done; and 2) if he disagreed with any of Mueller’s suggested actions because they were “inappropriate and unwarranted,” and an explanation of that conclusion. So what we’ll find out is, for the most part, at Barr’s discretion. However, Barr told Congress during his confirmation hearing that he intends to release his own summary of the report, and will be as transparent as possible within the confines of the law (for a thorough analysis of Barr’s statements, click here). If Barr releases less than what Congress would like, their remedy is a subpoena.

william-barr-nomination-hearing.jpgKevin Lamarque/Reuters

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E-Discovery in the Trump Age

04 Monday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

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ABA Journal, Brett Kavanaugh, data, discovery, donald trump, electronic, Emails, hillary clinton, impeach, impeachable, Impeachment, jason krause, Michael Cohen, paul manafort, Robert Mueller, Rod Rosenstein, Special Counsel, technology

Jason Krause’s article, “But their emails! Some of the Most Contentious Political Issues are E-Discovery Disputes” published in the ABA Journal, explores the e-discovery disputes surrounding the Trump campaign and presidency and modern politics in general. He notes:

A [large] debate over preserving electronic evidence continues to hang over national politics. Donald Trump Jr.’s meetings with Russians, Michael Cohen’s plea bargain, Brett Kavanaugh’s contentious confirmation to the U.S. Supreme Court, Paul Manafort’s fraud convictions and an attempt at impeaching Deputy Attorney General Rod Rosenstein all involve, at their core, electronic evidence.

Living in the computer age means our political disputes, especially those with criminal consequences, will frequently turn on electronic data and discovery. Interested readers should follow the link above.

trumpclintonhandshakegetty_2.jpgGetty Images

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Rosenstein Assures Trump he is Not a Target of the Mueller Investigation — The News Cycle Repeats Itself

01 Friday Feb 2019

Posted by crosbysamuel in Articles, Uncategorized

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bowman, deputy attorney general, donald trump, impeach, impeachable, Impeachment, investigation, Mueller, new york times, president, professor frank bowman, Robert Mueller, Rod Rosenstein, Special Counsel, subject, target, target v. subject, trump, united states

Trump said yesterday, during an interview with the New York Times, that Deputy Attorney General Rod Rosenstein informed him that he is not a target of the Mueller investigation. Trump also added that he is not a “subject” of the investigation, but it is unclear whether that is a word Rosenstein used or a descriptor Trump added. He seemed to use the words interchangeably saying first “he told the attorneys that I’m not a subject, I’m not a target,” and then added  “[t]he lawyers ask him. They say, ‘He’s not a target of the investigation.’”

Readers will recall that Trump already received the news that he is not a target of the Mueller investigation from Mueller himself in April of 2018. As Professor Bowman wrote then, what that could mean, according to the definition of “target” in the United States Attorneys Manual, is that DOJ policy prevents Trump from becoming an indicted defendant and therefore a target. However, if that is not what Rosenstein meant and Trump could be a target, then it is significant that he has not, in the past 10 or so months, become one. What is more significant is if Trump is indeed not a subject of Mueller’s investigation. That could mean that there is not enough evidence to continue investigating Trump or enough evidence to have exonerated Trump.  That, however, seems unlikely.

rosen.jpegAndrew Harrer | Bloomberg | Getty Images

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Roger Stone Arrested and Indicted

25 Friday Jan 2019

Posted by crosbysamuel in Articles, Uncategorized

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arrested, Collusion, Conspiracy, cooperation, DNC, donald trump, Emails, hillary clinton, indicted, investigation, president, Putin, Randy Credico, Robert Mueller, roger stone, russia, russian hackers, Special Counsel, wikileak

Roger Stone was arrested and received a seven count indictment this morning which included charges of misleading lawmakers about his communications with Wikileaks, the organization that released the emails which scandalized Hillary Clinton’s campaign, and intimidating fellow witness Randy Credico, who was also in contact with Wikileaks. Credico ultimately pleaded the 5th at Stone’s urging.

The emails released by Wikileaks were stolen by Russian hackers, and Stone is a long time friend and supporter of President Trump. If Stone chooses to cooperate with Special Counsel Mueller, he could provide the evidence need to finally establish collusion between Russia and the Trump Campaign. However, if Stone’s past comments are to be believed, he will not be cooperating. Much is yet to be seen.

stone.jpgAlex Wong/Getty Images

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Manafort Lied about Dealings with Kilimnik

09 Wednesday Jan 2019

Posted by crosbysamuel in Articles, Uncategorized

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Collusion, Conspiracy, conspiracy to defraud, conspire, donald trump, impeachable, Impeachment, konstantin kilimnik, lie, lying, madrid, paul manafort, polling data, president, Robert Mueller, russian collusion, russian intelligence, Special Counsel, ukraine, witness tampering

Special Counsel Robert Mueller believes that Paul Manafort, former Trump campaign chairmen, shared polling data with Konstantin Kilimnik, a Ukranian translator and campaign adviser believed to have ties with Russian intelligence, and that he later lied about it. Apparently, Manafort’s lawyers have conceded that Manafort neglected certain details of his Ukrainian dealings, as they wrote in a court filing that “[i]t is not surprising at all that Mr. Manafort was unable to recall specific details prior to having his recollection refreshed.” The filing also notes that Manafort forgot  and later recalled that he had met with Kilimnik in Madrid in January or February of 2017, which was after Trump became President-elect, but also after Manafort’s tenure as campaign chairmen. Manafort and Kilimnik have previously been accused of witness tampering, for allegedly reaching out to members of the Hapsburg group, and asking them to lie about secret, pro-Ukrainian lobbying done at Manafort’s behest.

If it is to be believed that Kilimnik does have ties to Russian intelligence, then this information establishes, at least, a Russian interest in President Trump’s candidacy. Of course, that is not new information. At most, it could go to establishing communication between Trump and Russia post-election. That being said, it is only circumstantial evidence. The fact that foreign powers are interested in Trump’s nomination and presidency, does not mean he cooperated with foreign powers, and the fact that Manafort cooperated with foreign powers, does not mean that Trump participated. Still, this another straw on the camel’s back.

gettyimages-975251610_wide-a5b8c154718a06791ada3f9447c359251dd114b5.jpgAFP/Getty Images

 

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House Democrats are Taking Things Slow

18 Tuesday Dec 2018

Posted by crosbysamuel in Articles, Uncategorized

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Frank Bowman, Impeachment, impeachment debates, investigation, nancy pelosi, oversight committee, Robert Mueller, saudi arabia, speaker of the house, Special Counsel, The House of Representatives, turkey, united arab emirates

Politco reports that Nancy Pelosi, incoming Speaker of the House, is reining in impeachment efforts in order to give Special Counsel Robert Muller more time with his investigation. She is joined in this effort even by progressive Democrats who voted to start impeachment efforts last year, such as Rep. Pramila Jayapal. Though representatives, such as California Rep. Eric Swalwell, recognize that the campaign finance law violations, established by Michael Cohen when he confessed to paying hush money to models Stormy Daniels and Karen McDougal, do constitute impeachable offenses, they feel they do not alone justify impeachment. It has been suggested that this may be in part because they are reluctant to risk the blow-back that Republicans faced after the impeachment of President Clinton for the mild offenses brought incident to the Lewinsky scandal. They are however planning to start oversight hearings in January.

House Democrats are wise to wait. With new reports that Saudi Arabia, the United Arab Emirates, and Turkey may have had their hands in President Trump’s election, it is apparent that whatever conspiracy exists, it has many more as of yet not-established parts. Additionally, as Professor Bowman has written, the impeach-ability of Trump rests on the slue of missteps he has committed since before and during his presidency. It will take the whole of his crimes, well established by Mueller’s investigation, to justify impeachment efforts.

download (3).jpgChip Somodevilla/Getty Images

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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.

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Frank O. Bowman, III


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

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