After the release of three court filings yesterday (a sentencing recommendation for Michael Cohen from SDNY, another Cohen sentencing recommendation from Robert Mueller, and a statement from the Special Counsel of the lies from Paul Manafort that justify ending his plea agreement) the consensus of legal and political pundits is that Trump is essentially finished. How long he will continue as fake “president” is unclear, but he has been credibly accused of a crime by his own Justice Department.
I’ve gathered a number of opinion pieces that I think are very good. It’s difficult to excerpt these long pieces, so I’m just giving you the highlights. You’ll have to go to the sources for more details.
Jonathan Chait: The Department of Justice Calls Donald Trump a Felon.
Federal prosecutors released sentencing recommendations for two alleged criminals who worked closely with Donald Trump: his lawyer Michael Cohen, and campaign manager Paul Manafort. They are filled with damning details. But the most important passage by far is this, about Trump’s fixer: “Cohen himself has now admitted, with respect to both payments, he acted in coordination with and at the direction of Individual-1.”
The payments in question, as the document explains, concern a payoff to two women who claimed to have affairs with Trump. The payments, according to prosecutors, were intended to influence the campaign, and thereby constituted violations of campaign finance law. They have not formally charged Trump with this crime — it is a sentencing report for Cohen, not Trump — but this is the U.S. Department of Justice calling Trump a criminal….the fact that he is being called a felon by the United States government is a historic step. And it is likely the first of more to come…..
Cohen is providing helpful information on other crimes. Cohen reportedly gave the special counsel “useful information concerning certain discrete Russia-related matters core to its investigation that he obtained by virtue of his regular contact with Company executives during them.” And this contact continued into 2018. Cohen was not locked out and probably has access to some secrets….
The special counsel sentencing recommendation for Cohen also reveals that Russian contact with the Trump campaign began as early as 2015, not the following spring. And Russians promised “political synergy” — which is essentially a synonym for campaign collusion — and “synergy on a government level.” That means a quid pro quo in which Russia would help Trump win the election and Trump, if elected, would give Russia favorable policy. This is the heart of Mueller’s very much ongoing investigation.
There are suggestions in both the Cohen filings that The Trump Organization was involved in crimes, and that is very significant. As Emptywheel pointed out recently, even if Trump were to pull a Nixon and make a deal with Pence–the presidency in return for pardons–Pence could not pardon Trump’s company.
Marcy writes that the sentencing memorandum released by Cohen’s attorneys on November 30,
…puts Trump’s eponymous organizations — his company and his foundation — squarely in the bullseye of law enforcement. The known details of all those puts one or the other Trump organization as an actor in the investigation. And we’ve already seen hints that the Trump Organization was less than responsive to some document requests from Mueller, such as this detail in a story on the Trump Tower deal:
According to a person familiar with the investigation, Cohen and the Trump Organization could not produce some of the key records upon which Mueller relies. Other witnesses provided copies of those communications.
If there’s a conspiracy to obstruct Mueller’s investigation, I’m fairly certain the Trump Organization was one of the players in it….
But the Trump Organization did not get elected the President of the United States (and while the claims are thin fictions, Trump has claimed to separate himself from the Organization and Foundation). So none of the Constitutional claims about indicting a sitting President, it seems to me, would apply.
If I’m right, there are a whole slew of implications, starting with the fact that….it utterly changes the calculation Nixon faced as the walls started crumbling. Nixon could (and had the historical wisdom to) trade a pardon to avoid an impeachment fight; he didn’t save his presidency, but he salvaged his natural person. With Trump, a pardon won’t go far enough: he may well be facing the criminal indictment and possible financial ruin of his corporate person, and that would take a far different legal arrangement (such as a settlement or Deferred Prosecution Agreement) to salvage. Now throw in Trump’s narcissism, in which his own identity is inextricably linked to that of his brand. And, even beyond any difference in temperament between Nixon and Trump, there’s no telling what he’d do if his corporate self were also cornered.
In other words, Trump might not be able to take the Nixon — resign for a pardon — deal, because that may not be enough to save his corporate personhood.
Head over to Emptywheel for more details.
Ken White (AKA Popehat) at The Atlantic: Manafort, Cohen, and Individual 1 Are in Grave Danger.
White provides a very good summary of the yesterday’s three court filings, which you can read at the link. Here’s his conclusion:
The president said on Twitter that Friday’s news “totally clears the President. Thank you!” It does not. Manafort and Cohen are in trouble, and so is Trump. The Special Counsel’s confidence in his ability to prove Manafort a liar appears justified, which leaves Manafort facing what amounts to a life sentence without any cooperation credit. The Southern District’s brief suggests that Cohen’s dreams of probation are not likely to come true. All three briefs show the Special Counsel and the Southern District closing in on President Trump and his administration. They’re looking into campaign contact with Russia, and campaign finance fraud in connection with paying off an adult actress, and participation in lying to Congress. A Democratic House of Representatives, just days away, strains at the leash to help. The game’s afoot.
Another very good summary of the filings can be read at Lawfare, this one by Victoria Clark, Mikhaila Fogel, Quinta Jurecic, and Benjamin Wittes: ‘Totally Clears the President’? What Those Cohen and Manafort Filings Really Say. Here’s a short excerpt on Trump’s culpabililty:
In short, the Department of Justice, speaking through the acting U.S. attorney for the Southern District of New York, is alleging that the president of the United States coordinated and directed a surrogate to commit a campaign finance violation punishable with time in prison. While the filing does not specify that the president “knowingly and willfully” violated the law, as is required by the statute, this is the first time that the government has alleged in its own voice that President Trump is personally involved in what it considers to be federal offenses.
And it does not hold back in describing the magnitude of those offenses. The memo states that Cohen’s actions, “struck a blow to one of the core goals of the federal campaign finance laws: transparency. While many Americans who desired a particular outcome to the election knocked on doors, toiled at phone banks, or found any number of other legal ways to make their voices heard, Cohen sought to influence the election from the shadows.” His sentence “should reflect the seriousness of Cohen’s brazen violations of the election laws and attempt to counter the public cynicism that may arise when individuals like Cohen act as if the political process belongs to the rich and powerful.”
One struggles to see how a document that alleges that such conduct took place at the direction of Individual-1 “totally clears the president.”
Garrett M. Graff at Wired: The Mueller Investigation Nears the Worst Case Scenario.
WE ARE DEEP into the worst case scenarios. But as new sentencing memos for Trump associates Paul Manafort and Michael Cohen make all too clear, the only remaining question is how bad does the actual worst case scenario get?
The potential innocent explanations for Donald Trump’s behavior over the last two years have been steadily stripped away, piece by piece. Special counsel Robert Mueller and investigative reporters have uncovered and assembled a picture of a presidential campaign and transition seemingly infected by unprecedented deceit and criminality, and in regular—almost obsequious—contact with America’s leading foreign adversary.
A year ago, Lawfare’s Benjamin Wittes and Quinta Jurecic outlined seven possible scenarios about Trump and Russia, arranged from most innocent to most guilty. Fifth on that list was “Russian Intelligence Actively Penetrated the Trump Campaign—And Trump Knew or Should Have Known,” escalating from there to #6 “Kompromat,” and topping out at the once unimaginable #7, “The President of the United States is a Russian Agent.”
After the latest disclosures, we’re steadily into Scenario #5, and can easily imagine #6.
Read a detailed analysis at the link. Graff is the author of a book on Robert Mueller’s time as FBI Director.
Another highly recommended analysis from Ryan Goodman and Andy Wright at Just Security: Mueller’s Roadmap: Major Takeaways from Cohen and Manafort Filings. Goodman and Write offer eight “takeaways.”
1. SDNY Prosecutors named the President of the United States as a direct participant, if not the principal, in felonies….
2. Other Trump Campaign and Trump Organization officials may face criminal charges for the hush money scheme….
3. The Special Counsel ties Trump directly to possible Russia collusion….
4. Russian contacts began during the GOP Primary….
5. The Special Counsel targets many Manafort lies but is silent on the infamous Trump Tower meeting with Russians….
6. Some potential hints of obstruction and suborning perjury….
7. Mueller’s M.O.: What he’ll do with lying to the public (and lies in writing)….
8. Why Cohen was more forthcoming with Mueller than SDNY, and SDNY wants him to serve a significant prison sentence.
I’ll just share one interesting excerpt from point 7, on lies that are put in writing and lies to the public. Both of these could apply to Trump himself.
In terms of perjury and false statements, Mueller seizes on fact that Cohen lies were in written testimony rather than arising “spontaneously from a line of examination or heated colloquy.” That’s a danger sign for people like Trump, who may have thought they had greater safety in written responses to Mueller, and people like Roger Stone, whose apparent lies to Congress are on the face of his written testimony.
Another important insight is how Mueller seizes on Cohen’s lies made to the public.
First, Mueller’s theory of the case recognizes that public statements are methods of communication with other witnesses. That’s important for potential conspiracies to commit perjury or otherwise obstruct justice. This also increases the likelihood that Mueller will regard public statements by President Trump and his lawyers as signals to other witnesses–such as publicly dangling pardons and favoring the “strength” of uncooperative witnesses.
Second, Mueller considers lies to the public can be an attempt to undermine the investigation. The memo states, “By publicly presenting this false narrative, the defendant deliberately shifted the timeline of what had occurred in the hopes of limiting the investigations into possible Russian interference in the 2016 U.S. presidential election.” That sounds awfully similar to the creation of a cover story about the June 9 Trump Tower meeting, which the President himself reportedly directed from aboard Airforce One.
Third, Mueller considers Cohen’s false statements to be even more significant because he “amplified” them by “by releasing and repeating his lies to the public.” That approach spells trouble for several Trump campaign associates including Roger Stone, Donald Trump Jr., Erik Prince, and Michael Caputo.
Barry Berke, Noah Bookbinder and Norman Eisen at The Washington Post: Is This the Beginning of the End for Trump? A brief excerpt:
The special counsel focuses on Mr. Cohen’s contacts with people connected to the White House in 2017 and 2018, possibly further implicating the president and others in his orbit in conspiracy to obstruct justice or to suborn perjury. Mr. Mueller specifically mentions that Mr. Cohen provided invaluable insight into the “preparing and circulating” of his testimony to Congress — and if others, including the president, knew about the false testimony or encouraged it in any way, they would be at substantial legal risk.
Mr. Trump’s legal woes do not end there. The special counsel also advanced the president’s potential exposure under the Foreign Corrupt Practices Act for activities relating to a potential Trump Tower Moscow. Mr. Mueller noted that the Moscow project was a lucrative business opportunity that actively sought Russian government approval, and that the unnamed Russian told Mr. Cohen that there was “no bigger warranty in any project than the consent” of Mr. Putin.
If recent reports that Mr. Cohen floated the idea of giving Mr. Putin a $50 million luxury apartment in a future Trump Tower Moscow prove true, both the president and his company could face substantial jeopardy.
There’s much more analysis at the WaPo link.
It has been quite a week, ending with a bang yesterday. As Trump often says, “we’ll see what happens.” What stories have you been following?
George Bush the elder died last night at age 94. I’m not going to lie and say I’m grieving.
During Watergate Bush was Nixon’s RNC chairman and supported him to the bitter end; but once the White House tapes came out, he urged Nixon to resign. Bush served about a year as CIA director under Gerald Ford. As Vice President, Bush famously claimed to have been “out of the loop” while Oliver North and the gang were running guns and drugs during the Iran-Contra affair. As president, Bush pardoned
…former National Security Adviser Robert C. McFarlane, former Assistant Secretary of State Elliott Abrams, former CIA Central American Task Force Chief Alan D. Fiers, Jr., former CIA Deputy Director for Operations Clair E. George, and former CIA Counter-Terrorism Chief Duane R. Clarridge. The Weinberger pardon marked the first time a President ever pardoned someone in whose trial he might have been called as a witness, because the President was knowledgeable of factual events underlying the case.
He also refused to be interviewed by the special counsel. That quote is from the Walsh report on Iran-Contra.
In 1992, Walter Pincus wrote in The Washington Post:
Buried among 1,700 pages of notes written by then-Defense Secretary Caspar W. Weinberger during the Iran-contra affair is one referring to a January 1986 meeting at which Weinberger voiced opposition to covert arms sales to Iran in the presence of George Bush, then the vice president.
The note, which appears to contradict Bush’s repeated assertion that he was never present when either Weinberger or then-Secretary of State George P. Shultz objected to the arms sales, is among classified documents being reviewed for possible use in Weinberger’s upcoming trial, according to informed sources. The note is important because it confirms earlier testimony by Shultz placing Bush at the January meeting.
Questioned again lately by reporters about Iran-contra, Bush sought to dismiss further discussion of his role in the worst political scandal of the Reagan administration. But new information emerging from court cases and congressional records since Bush last ran for president has cast fresh doubt on his assertions that he was “out of the loop,” generally uninvolved in and largely unaware of the most controversial Iran-contra operations.
There are numerous indications in the documentary record that Bush was at meetings where decisions were taken in the mid-1980s about both the secret sale of arms to Iran and some of the covert efforts to aid the contra rebels in Nicaragua.
Polls have shown that the public is skeptical of the president’s denials of involvement.
That was written before Bush issued the pardons.
As president, Bush started the Persian Gulf War in order to protect Saudi Arabia after Iraq took over Kuwait. He decided to leave Saddam Hussein in power in Iraq, and of course that led George Bush the younger to attack Iraq again in 2003, leaving us mired in the Middle East ever since.
As we watch Trump suck up to Saudi Arabia, we can forget that the Bushes also loved the Saudis and protected them after the 9/11 attacks. I could go on, but I won’t. Here are some obituaries of George H.W. Bush if you want to read the good stuff:
The New York Times: George Bush, 41st President, Dies at 94.
The Washington Post: George H.W. Bush, 41st president of the United States, dies at 94.
The Guardian: George HW Bush, former US president, dies aged 94.
One good thing I will say about Bush: he didn’t like Trump.
“I don’t like him. I don’t know much about him, but I know he’s a blowhard. And I’m not too excited about him being a leader.” – George H.W. Bush on Donald Trump After he voted for Hillary Clinton.
The Wall Street Journal has a scoop on the murder of Washington Post journalist Jamal Kashoggi: CIA Intercepts Underpin Assessment Saudi Crown Prince Targeted Khashoggi.
Saudi Crown Prince Mohammed bin Salman sent at least 11 messages to his closest adviser, who oversaw the team that killed journalist Jamal Khashoggi, in the hours before and after the journalist’s death in October, according to a highly classified CIA assessment.
The Saudi leader also in August 2017 had told associates that if his efforts to persuade Mr. Khashoggi to return to Saudi Arabia weren’t successful, “we could possibly lure him outside Saudi Arabia and make arrangements,” according to the assessment, a communication that it states “seems to foreshadow the Saudi operation launched against Khashoggi.” [….]
Excerpts of the Central Intelligence Agency’s assessment, which cites electronic intercepts and other clandestine information, were reviewed by The Wall Street Journal.
The previously unreported excerpts reviewed by the Journal state that the CIA has “medium-to-high confidence” that Prince Mohammed “personally targeted” Khashoggi and “probably ordered his death.” It added: “To be clear, we lack direct reporting of the Crown Prince issuing a kill order.”
The electronic messages sent by Prince Mohammed were to Saud al-Qahtani, according to the CIA. Mr. Qahtani supervised the 15-man team that killed Mr. Khashoggi and, during the same period, was also in direct communication with the team’s leader in Istanbul, the assessment says. The content of the messages between Prince Mohammed and Mr. Qahtani isn’t known, the document says. It doesn’t say in what form the messages were sent.
No wonder Trump refused let CIA director Gina Haspel report to Congress.
There are lots of stories about former Trump fixer Michael Cohen today. Cohen’s attorneys released his full sentencing memo (pdf) last night. For a summary, check out this Twitter thread from Adam Klasfeld.
CNN reports that if Trump had been nicer to his former lawyer, Cohen might not have flipped: Cohen believed Trump would pardon him, but then things changed.
After a March 2018 visit to Mar-a-Lago, the President’s private club in Florida, Cohen returned to New York believing that his former boss would protect him if he faced any charges for sticking to his story about the 2016 payments to adult film actress Stormy Daniels, according to one source with knowledge. Trump was also at Mar-a-Lago at the time of Cohen’s visit.
Another source said that after the April 2018 FBI raid on Cohen’s office and home, people close to the President assured Cohen that Trump would take care of him. And Cohen believed that meant that the President would offer him a pardon if he stayed on message. It is unclear who specifically reached out to Cohen….
Following the raid on Cohen’s home and office, Cohen’s attorneys had a legal defense agreement with Trump and his attorneys. During this time, there was a steady flow of communication between the two sides, according to two sources familiar with the matter.
At first, publicly, Trump seemed very supportive of his former attorney. On the day of the raid, Trump said Cohen was “a good man” and that the investigation reached “a whole new level of unfairness.” He unloaded on law enforcement, calling the raids “a disgraceful situation.”
But in the days that followed the raid, one source says, things started heading south with the President.
Trump started to distance himself from Cohen. And when Trump appeared on “Fox and Friends” two weeks after the raids and said that Cohen only did a “tiny, tiny little fraction” of his legal work, Cohen knew the game had changed. According to one source, Cohen knew that things had changed and he acted to protect his family — and himself.
…Michael Cohen said Friday he was in “close and regular contact” with Trump’s White House staff and legal team when he prepared a statement for Congress that he now says falsely downplayed Trump’s effort to land a Trump Tower Moscow deal during the 2016 presidential campaign.
In a filing seeking a lenient sentence, Cohen’s attorneys say his false statement to Congress — which Cohen pleaded guilty to on Thursday — was based on Trump and his team’s efforts to “portray contact with Russian representatives” by Trump, his campaign or his company “as having effectively terminated before the Iowa caucuses of February 1, 2016.”
“Seeking to stay in line with this message, Michael told Congress that his communications and efforts to finalize a building project in Moscow on behalf of the Trump Organization, which he began pursuing in 2015, had come to an end in January 2016, when a general inquiry he made to the Kremlin went unanswered,” Cohen’s lawyers Guy Petrillo and Amy Lester write.
But “Michael had a lengthy substantive conversation with the personal assistant to a Kremlin official following his outreach in January 2016, engaged in additional communications concerning the project as late as June 2016, and kept [Trump] apprised of these communications,” they wrote. “He and [Trump] also discussed possible travel to Russia in the summer of 2016, and Michael took steps to clear dates for such travel.”
The Daily Beast: Cohen: Trump Knew I Called Kremlin for Help With Trump Tower Moscow.
Another bombshell lobbed by Michael Cohen exploded late Friday night: He says he told Donald Trump about a phone call to the Kremlin asking for the Russian government’s help to build a Trump Tower in Moscow in 2016.
And Cohen also claims he was talking to Trump’s lawyers and White House staff in 2017 while he crafted a misleading statement to Congress seeking to cover up the truth about the Moscow project and the level of Trump’s involvement.
If this is true, former White House Counsel Don McGahn could be in trouble for witness tampering. I wonder what his talked with Mueller’s team have been like?
There are quite a few stories on fake AG Matthew Whitaker too. Some links to check out:
The New York Times: Whitaker’s Ascent at Justice Dept. Surprised Investigators of Firm Accused of Fraud.
I’ll put a few more links in the comment thread. What stories are you following today?
This has been a disastrous week for Trump. The Guardian summarizes: Trump’s terrible week: stunning news and whispers of impeachment.
…even by the standards of the Trump universe, this week has been a blur. And at its heart was a single, devastating hour on Tuesday 21 August that effectively turned the president of the United States into an unindicted co-conspirator in a federal crime….
…first, there was Rudy Giuliani. Trump’s lawyer, the former New York mayor, set the tone last Sunday with an Orwellian comment on the NBC network’s Meet the Press. Asked whether the president would give his version of events in testimony to Robert Mueller, the special counsel who is investigating Russian interference in the 2016 presidential election, Giuliani warned of a perjury trap and said: “Truth isn’t truth.”
Monday passed with just an embarrassing White House event to celebrate ICE during which Trump
…said that a border patrol agent, who is Latino, “speaks perfect English” as he beckoned him to the stage. He also misstated the acronym for US Customs and Border Protection at least eight times, referring to it as “CBC”, as in Canadian Broadcasting Corporation.
On Tuesday, the shit really hit the fan.
But then came, to use primary election parlance, Super Tuesday. At around 4.30pm, in courtrooms 200 miles apart, a pair of Trump associates delivered a one-two punch that stunned the White House and revived whispers of impeachment.
In New York, Trump’s longtime lawyer and “fixer” Michael Cohen implicated the president in a crime to influence the 2016 presidential election. Pleading guilty to dodging taxes and campaign finance violations, he alleged that Trump directed him to pay hush money to prevent two women – a Playboy model and pornographic actor – speaking out about extramarital affairs.
In Alexandria, Virginia, Paul Manafort, Trump’s former campaign chairman, was found guilty of eight tax and bank fraud charges and could now spend the rest of his life behind bars – unless Trump chooses to pardon him.
On Wednesday morning, Fox aired Trump’s interview in which he claimed that the campaign finance violations Cohen had pleaded guilty to were not crimes and that it should be illegal for people accused of crimes to turn states evidence in order to reduce their sentences. Then on Wednesday night he watched Tucker Carlson’s show.
There he saw a spurious Tucker Carlson report pushing a white nationalist conspiracy theory that white farmers in South Africa are being persecuted and murdered in Zimbabwe-style land grabs. Trump tweeted his outrage and promised to consult the state department, whose own human rights report on South Africa had made no mention of the issue.
It was one more white grievance dog whistle to add to all the rest. The South African government issued a swift rebuke and summoned US officials. Patrick Gaspard, the former US ambassador to South Africa, described the intervention as “astounding and deeply disturbing”. He said: “I can draw a line from the irresponsible statements he made in the wake of the violence in Charlottesville and him lifting up tropes from white nationalists in South Africa.”
It emerged that David Pecker, chairman of American Media Inc, which owns the pro-Trump National Enquirer, had been granted immunity to provide information about Cohen and Trump’s involvement with payments to the two women who allege sexual affairs. The Associated Press added fuel to the fire by reporting thatthe Enquirer kept such secrets locked in a safe, lending it extraordinary power.
That night, the New York Times reported that the Manhattan district attorney’s office was considering pursuing criminal charges against the Trump Organization and two senior company officials in connection with one of the hush money payments.
The coup de grâce came with the news that Allen Weisselberg, the CFO of the Trump Organization had been given immunity to testify against Trump’s former personal lawyer Michael Cohen.
Clearly the news about Weisselberg is the most damaging to Trump, but it’s not clear exactly kind of immunity the long-time “financial gatekeeper” has. According the The New York Times, it’s limited to the case against Cohen .
The person briefed on the deal said that it was narrow in scope, protecting Mr. Weisselberg from self-incrimination in sharing information with prosecutors about Mr. Cohen, Mr. Trump’s former personal lawyer, who pleaded guilty on Tuesday to tax and campaign finance charges. The latter charges stemmed from payments during the campaign to two women who said they had affairs with Mr. Trump. It was not, the person said, a blanket immunity extending beyond the information he shared, and Mr. Weisselberg remains in his job at the Trump Organization.
Mr. Weisselberg figured into the charges filed against Mr. Cohen this week, having facilitated the processing of what prosecutors described as “sham invoices” at the Trump Organization, through which Mr. Cohen was reimbursed for the money he had paid to quiet one of the women alleging an affair with Mr. Trump, the pornographic film actress Stephanie Clifford.
It sounds like it’s use immunity, which protects Weisselberg from being prosecuted based on the specific information he provided about the hush money deals. It’s likely that Weisselberg indicated he would take the fifth and prosecutors used immunity to force him to talk. Weisselberg could still be charged with a crime if investigators find independent evidence that he was involved in criminal activities. If he’s eventually charged with a crime, Weisselberg might agree to cooperate fully with prosecutors, but so far that doesn’t seem to be happening.
Nevertheless, the fact that prosecutors have gotten testimony from the man who supposedly “knows where the bodies are buried” in the Trump Organization is huge. And some knowledgeable writers are claiming Weisselberg has agreed to cooperate fully and are speculating about what he could reveal about Trump.
On Twitter, Renato Mariotti says he would be surprised if Weisselberg only got use immunity.
Obviously he knows a hell of a lot more than I do.
Luppe B. Luppen (AKA @NYCsouthpaw) and Hunter Walker at Yahoo News: For Trump, Allen Weisselberg may be the man who knew too much.
Prosecutors investigating Trump’s inner circle reportedly now reportedly have a limited deal with Weisselberg, who has provided testimony against former Trump lawyer Michael Cohen. If his cooperation expanded, it could play a crucial role in multiple ongoing investigations.
According to the Wall Street Journal, federal prosecutors granted immunity to Weisselberg in exchange for information about payments to Cohen, which were made to two women during the 2016 presidential campaign in order to suppress their stories of alleged affairs with Trump….
The Associated Press subsequently reported that the immunity deal was “restricted to Weisselberg’s grand jury testimony last month in the Cohen case.”
What could Weisselberg reveal if he were forced to cooperate fully?
If Weisselberg decided to fully open his kimono and reveal all he knows, the federal investigation in the Southern District of New York would be the most obvious potential beneficiary. However, in some ways, the nature of that office’s interest in Trump is the most mysterious. As of Friday afternoon, it is not known what other subjects that federal investigation is pursuing. If Trump Organization executives, or even the president, are in its cross hairs, then Weisselberg could offer key insights.
Special counsel Mueller’s investigation, headquartered in Washington, D.C., is another potential beneficiary. For Mueller’s investigators, Weisselberg could detail the nature and extent of the financing the Trump Organization has received from sources connected to Russia. He could also offer them insight into any investments or potential investments Trump has made either in Russia or with Russian partners. A spokesperson for the special counsel’s office declined to comment for this story.
Weisselberg could also potentially be a valuable material witness in the New York attorney general’s state-level investigation into President Trump’s charitable foundation. In June, New York Attorney General Barbara Underwood filed a lawsuit against the Trump Foundation alleging a “pattern of illegal conduct,” including “willful self-dealing.” Weisselberg has long been the treasurer of the Trump Foundation. In preparation for its lawsuit, the attorney general’s office conducted a lengthy interview with Weisselberg and obtained his emails. The investigators allege that Weisselberg collaborated with Trump and campaign officials in advance of the 2016 Iowa primary to use the charity’s funds to benefit the campaign.
At The New Yorker, the very knowledgeable Adam Davidson has more:
As the C.F.O., Weisselberg tracked the money that came into the Trump Organization and the money that went out of it, former employees told me. I often found myself wondering what the Weisselberg part of the operation looked like. (I called and e-mailed him a few times, but, not surprisingly, never heard back.) Some told me he had a couple of bookkeepers, but that he personally handled most of the paperwork. Weisselberg knew who was paying or lending money to Trump, and he knew to whom Trump was giving money. When Trump became President, he placed his business interests in a revocable trust overseen by his son Donald Trump, Jr., and Weisselberg….
This summer…Weisselberg’s role in the organization came into sharper focus. In a recording that Michael Cohen made of a conversation he had with Donald Trump about a payment to keep secret an affair, Cohen described setting up a shell company to pay hush money during the 2016 campaign to Karen McDougal, a woman who claimed to have had an affair with Trump. This week, Cohen pleaded guilty to violating campaign-finance laws, in part by setting up this secretive payment. He said that he knew at the time that it was illegal to secretly make a payment for campaign-related activity, but he did so anyway at Trump’s direction. Strikingly, Cohen makes it clear on the tape that Weisselberg also knew about the shell company and payment. “I’ve spoken to Allen Weisselberg about how to set the whole thing up,” Cohen explains to Trump.
It is difficult to hear the tape and not wonder how Weisselberg developed this particular expertise and whether he had deployed it before.
Here’s what Davidson has to say about Weisselberg’s immunity deal:
The Journal story and other news coverage suggest that Weisselberg has narrow immunity, related, solely, to the payments that Michael Cohen made to silence two women with whom Trump had affairs. With evidence of that crime in hand, prosecutors can subpoena other records from the company. If they have a reasonable basis to believe another crime has been committed, they can ask Weisselberg about it. Weisselberg, fearing jail time himself, could broaden his coöperation. The fact that Weisselberg has “flipped”— and may flip further—could shift the calculus of other figures in the Trump orbit as well. Weisselberg is a big fish—perhaps the biggest fish of all. Fearing that Weisselberg might implicate them in a crime, any cronies, dealmakers, attorneys, and others who might want to exchange information for leniency from prosecutors, will now do so.
If you’re interested in what kinds of crimes Weisselberg might know about, I’d suggest reading the entire article as well as Davidson’s other New Yorker pieces about Trump’s business dealings.
What else is happening? What stories have you been following?
There’s been a development in the Manafort case. The jury has sent out a note with a question for the judge. Unfortunately, the question is somewhat ambiguous.
It sounds like they are saying they are deadlocked on one of the 18 counts, but it’s also possible they are saying they can’t reach a unanimous decision on any of the counts. The judge is taking a five minute recess to prepare his response. I’ll update when I learn more.
Joyce Vance responds:
More breaking news on MSNBC, a report from WNBC that Michael Cohen is in talks with the prosecutors in the Southern District of New York, and a plea deal could be reached as early as today. It’s possible that we will learn something this afternoon.
The jury is back in the courtroom. Ken Dilanian says they are probably deadlocked on only one count, and they need guidance on how to enter that into the verdict sheet. Expert on MSNBC is saying it would be highly unlikely that there would be not guilty decisions on 17 counts.
The jury has now received instruction from the judge and has returned to the jury room. Ken Dilanian says the indecision is on only one count. So maybe we’ll get a verdict today. I sure hope so.
President Trump’s former personal attorney Michael Cohen is discussing a possible guilty plea with federal prosecutors in Manhattan in connection with tax fraud and banking-related matters, multiple sources familiar with the matter tell NBC News and News 4.
Those sources stress no deal has been reached but do say the potential deal could be reached as early as Tuesday.
The plea could have significant implications for Trump, who has blasted Cohen ever since his former fixer and his attorney, old Clinton hand Lanny Davis, began signaling this summer that Cohen might cooperate with special counsel Robert Mueller’s investigation.
When reached by NBC, Davis said he cannot comment on advice of counsel since there is an ongoing investigation.
Maybe that partially explains Trump’s hysterical behavior over the past several days.
Jonathan Dienst of WNBC is now reporting on MSNBC that we should know something in an hour or so. The two sides are close, but if the deal falls through, the prosecutors will proceed to prepare charges against Cohen and indict him in the next week or two.
Some stories to check out while we wait for these breaking stories to resolve themselves:
The Hill: Paul Manafort never believed the rules applied to him; I know — I worked with him for a decade, by K. Riva Levinson.
A good plot, most writers will tell you, is built on conflict. Working for Washington’s first bipartisan lobbying firm, Black, Manafort, Stone & Kelly, reporting to Paul Manafort, was my conflict; what came thereafter, my self-reckoning.
I was a recent college grad, broke, with no political connections when I managed to talk my way into an interview with Manafort and told him, boldly — and naively — “There is no place I will not go.” And from 1985 to 1995 (the beginning and end of BMS&K), there was no place that Manafort wouldn’t send me: war zones, states under armed occupation, the African bush or the cocaine-trafficked jungles of Latin America.
I had a front-row seat to a world changing in fast-forward with the collapse of the Soviet Union. It was thrilling, scary and, at times, overwhelming. But I never said no to a mission, or turned back. And despite all that unfolded, I will always remain grateful to Manafort for giving me a chance to learn first-hand how world events are often shaped.
BMS&K was where my mettle was tested, my foundational skills acquired, and where I struggled with my conscience, asking myself, “What am I doing here?”
Manafort had no such concerns about right and wrong.
I saw in Manafort no evident distress about the collateral damage that unfolded, the lives that were damaged or lost. He could self-justify anything. And as time went on, it seemed to me that he became all about the money. I and my colleagues were left to defend the extravagant expenses he charged to our clients.
I watched Manafort bend the rules, and so did everyone else, until eventually the firm’s new management asked him to leave. I left him, too.
I haven’t seen nor spoken directly with Paul since 1995, though I did receive an angry email when The Guardian wrote a story upon the release of my book in June 2016, quoting a passage where I call him “mercenary.”
The Washington Post: I miss Richard Nixon, by Philip Allen Lacovara.
I am hardly a Nixon defender. I was part of the special prosecutor investigation that led to his downfall. I was and remain shocked at the extent of his crass and criminal behavior, which first became palpable to me listening to the secret Oval Office tapes that we pried away from him, eventually including the “smoking gun” tape the Supreme Court ordered him to turn over. It was that evidence that convinced Nixon’s closest supporters that his defense against impeachment and removal from office would have been unsustainable, and that he had no choice but to resign in disgrace.
I even created a rift with Leon Jaworski, Archibald Cox’s successor as Watergate special prosecutor, when I publicly protested the pardon that President Gerald Ford issued to Nixon shortly after the resignation, thereby shielding Nixon from the legal consequences that were soon to be visited upon his co-conspirators, who, after conviction, spent years in prison for the coverup.
…unlike Nixon, Trump was born with a golden spoon in his mouth and has exploited his family’s power and wealth from his earliest days. Supposed bone spurs insulated him from the crucible of military service, when many of his contemporaries were called to duty to fight in Vietnam. He relishes the flamboyant and the superficial, though the glitz comes with hefty dose of cheesiness — which I can attest to as someone who lived briefly in one of his “Trump Towers.”
Except for Trump’s own unsupported braggadocio, he entered the Oval Office ignorant of even the rudiments of American history and world affairs. He is a man of no particular political principles; his vacillation between parties (and occasionally as an “independent”) reveals the lack of any political core. Nor did he have any experience in public office, civil or military, or familiarity with the practical art of governing.
Nixon, on the other hand, grew up impoverished and was the archetypical self-made man. He was demonstrably thoughtful — even brilliant. At a conference several years ago at Duke University, where he attended law school during the Depression, I heard stories of his struggles living in a cold-water flat but achieving a distinguished record that was respected decades later.
Lacavera notes that Nixon, unlike Trump, “understood government and policy,” and he “had enough decency and respect for the office to cloak his conniving in secret.” Nixon also had a consistent political philosophy, while Trump clearly has no moral or political core. Read more at the WaPo.
Now for a change of pace, I want to share a couple of nonpolitical reads. This spring the sensational serial rape and murder case of the so-called “golden state killer” was solved through research on an open source DNA website. The suspect was identified as Joseph James DeAngelo of Citrus Heights, CA, a suburb of Sacramento. In the past few days, I came across two similar stories.
Novelist Matthew Sullivan writes at The Daily Beast: I Grew Up in the Shadow of a Neighborhood Killer. He May Have Finally Been Caught.
To anyone living in the suburban boomtown of Aurora, Colorado in the 1980s, the horror story is familiar: at some point after midnight on the night on January 16, 1984, on a quiet cul-de-sac in a newer housing development near the Aurora Mall, an intruder armed with a hammer entered the home of Bruce and Debra Bennett.
They were a young couple with two young daughters, aged 7 and 3, and they had recently moved to Aurora to raise their girls after the 27-year-old Bruce wrapped up a stint in the Navy.
As of now there’s no way to know the exact sequence of events that happened in the house that night, but the whole family was likely asleep when the intruder slipped in.
Using the hammer he brought with him and a knife he may have taken from their kitchen, the intruder attacked Bruce and Debra. Bruce fought back, grappling with the man in the bedroom and up and down the stairs, but the man overcame him, slit his throat and left him on the steps to die.
By the time the man left, he had also violently attacked and sexually assaulted both Bennett daughters.
The three older Bennetts were dead. The intruder had bludgeoned the three-year-old daughter and left her for dead as well, but according to Kirk Mitchell, who has spent years reporting on this case for the Denver Post, when her grandmother arrived the next morning, worried because Bruce hadn’t shown up for work, she found the youngster in her bed, barely alive. The littlest Bennett had survived.
There had been similar attacks and murders in the area. The crimes cast a shadow over the entire community; but the killer that kids in the neighborhood called “The Hammer Man” was never caught. Sullivan’s descriptions of how the crimes affected him and the community as a whole is fascinating. But now a suspect has been identified through DNA.
One afternoon in early August, 2018, my phone began to erupt with messages from friends and family, co-workers and classmates, all of them living in Denver. Each said the same thing:
They got him.
They got him.
They got him! [….]
Each night, the Colorado Bureau of Investigation runs a comparison against the Combined DNA Index System database (CODIS), run by the FBI, which collects and indexes DNA from different states and agencies.
In early July of this year, the agency got a hit: a match was found between the DNA of the wanted John Doe suspect—the unknown man whose semen was traced to both the Bennett and the Smith crime scenes—and that of a 57-year-old prisoner in Nevada whose cheek was swabbed in 2013 as part of a new state law, his data uploaded.
The man, Alexander C. Ewing, was serving a 40-year sentence for two counts of attempted murder and other crimes and was eligible for parole in three years. According to a Washington Post report, he lived in Denver in 1984—and worked in construction.
One more story from The Washington Post: A baby was abandoned in a phone booth 64 years ago. Now, DNA has helped explain why.
Steve Dennis’s birth certificate didn’t say where he was born or when, or to whom. It just said he was found in a telephone booth.
Two bread deliverymen had found him there early one January morning in 1954, back when Dennis didn’t yet have a name. They found the “big blue-eyed infant” wrapped in blankets inside a cardboard box in the phone booth just outside Yielky’s Drive-In near Lancaster, Ohio, the Lancaster Eagle-Gazette reported at the time. There was no telling how long he had been there, perhaps only a few hours. The baby was very cold to the touch, the paper reported, and so was the bottle of milk left with him in the box.
The mystery soon captivated the residents of Lancaster. In just two days, dozens inquired about adoption, and “literally scores of persons” tried to help police identify the baby abandoned in the phone booth, the Eagle-Gazette reported in 1954. Nobody knew who put him there or why, and for a long time in the decades that followed, Dennis didn’t know either.
For years, the whole story struck him as too bizarre to even be true, as he told the Eagle-Gazette’s Spencer Remoquillo in a follow-up story 64 years later, on Friday. Dennis had always known he was adopted as a baby, but he didn’t learn about the phone booth until he was a teenager. He got curious. He traveled all the way to Lancaster just to see it for himself. But he didn’t find very much there, he told the Eagle-Gazette. He didn’t think he would ever find his birth parents, and for most of his life he didn’t think anything of it, either.
But that changed when his two children, 18 and 14 years old, started asking questions.
Dennis solved the mystery of his origins through Ancestry DNA. Read the rest at the WaPo. It’s quite a story.
So . . . what stories have you been following?
The corruption is right out in the open now. American foreign policy is for sale to highest bidder. On Sunday Trump posted a startling tweet:
President Donald Trump said Sunday he has instructed his Commerce Department to help get a Chinese telecommunications company “back into business” after the U.S. government cut off access to its American suppliers.
At issue is that department’s move last month to block the ZTE Corp., a major supplier of telecoms networks and smartphones based in southern China, from importing American components for seven years. The U.S. accused ZTE of misleading American regulators after it settled charges of violating sanctions against North Korea and Iran….
ZTE has asked the department to suspend the seven-year ban on doing business with U.S. technology exporters. By cutting off access to U.S. suppliers of essential components such as microchips, the ban threatens ZTE’s existence, the company has said.
During recent trade meetings in Beijing, Chinese officials said they raised their objections to ZTE’s punishment with the American delegation, which they said agreed to report them to Trump.
The U.S. imposed the penalty after discovering that Shenzhen-based ZTE, which had paid a $1.2 billion fine in the case, had failed to discipline employees involved and paid them bonuses instead.
Why is Trump suddenly so concerned about Chinese jobs? It’s not about U.S. national security; it’s about Trump’s business. HuffPost: Trump Orders Help For Chinese Phone-Maker After China Approves Money For Trump Project.
A mere 72 hours after the Chinese government agreed to put a half-billion dollars into an Indonesian project that will personally enrich Donald Trump, the president ordered a bailout for a Chinese-government-owned cellphone maker….
…on Thursday, the developer of a theme park resort outside of Jakarta had signed a deal to receive as much as $500 million in Chinese government loans, as well as another $500 million from Chinese banks. Trump’s family business, the Trump Organization, has a deal to license the Trump name to the resort, which includes a golf course and hotels.
Trump, despite his promises to do so during the campaign, has not divested himself of his businesses, and continues to profit from them.
“You do a good deal for him, he does a good deal for you. Quid pro quo,” said Richard Painter, the White House ethics lawyer for former President George W. Bush and now a Democratic candidate for Senate in Minnesota.
It sure does look like a quid pro quo, doesn’t it? Or is it just that Trump is a bad deal-maker? We can’t be sure because Trump chose to maintain control of his businesses and refuses to release his tax returns. Read more about Trump’s Indonesia project at the South China Morning Post: Trump Indonesia project is latest stop on China’s Belt and Road.
Gordon Chang at the Daily Beast: Trump Cuts a Great Deal—For China.
The White House looks like it is prepared to give relief to ZTE Corp., the embattled Chinese telecom-equipment maker, in exchange for Beijing lifting tariffs on, and easing non-tariff barriers against, U.S. agricultural products. Moreover, China’s Commerce Department will restart its long-stalled review of Qualcomm’s proposed acquisition of NXP Semiconductors, the Dutch firm.
In addition, The Daily Beast has learned there will be either no penalties or only light ones imposed on China for stealing U.S. intellectual property.
This is a great deal—for China. China gets relief for ZTE for doing nothing more than what it should have been doing all along. And its massive theft of U.S. technology and intellectual property—undoubtedly in the hundreds of billions of dollars a year—goes mostly unpunished.
If the reports of the outlines of the impending agreement are correct, the Trump administration, which prides itself on deal-making, will have accepted one of the worst trade arrangements this century.
Josh Rogin at The Washington Post: China gave Trump a list of crazy demands, and he caved to one of them.
After top Trump officials went to Beijing last month, the Chinese government wrote up a document with a list of economic and trade demands that ranged from the reasonable to the ridiculous. On Sunday, President Trump caved to one of those demands before the next round of negotiations even starts, undermining his own objectives for no visible gain.
The Chinese proposal is entitled, “Framework Arrangement on Promoting Balanced Development on Bilateral Trade,” and I obtained an English version of the document, which is the Chinese government’s negotiating position heading into the next round of talks. That round begins this week when Xi Jinping’s special economic envoy Liu He returns to town.
Bullet point 5 is entitled, “Appropriately handing the ZTE case to secure global supply chain.”
So Trump agreed to reverse US policy, but was it really about rewarding China for funding the Trump project in Indonesia? I’d say that’s pretty likely, wouldn’t you?
Trump took a big step in that direction Sunday when he tweeted that he had instructed the Commerce Department to help get ZTE “back into business, fast,” only weeks after the Commerce Department cut off its supply of American components because it violated U.S. sanctions on sales to North Korea and Iran. Trump’s tweet set off a panic both inside and outside the administration among those who worry that Trump is backing down from his key campaign promise to stand up to China’s unfair trade practices and economic aggression.
As Sen. Marco Rubio (R-Fla.) pointed out Monday, the problems with ZTE go well beyond sanctions-busting. The Federal Communications Commission has proposed cutting ZTE and other Chinese “national champion” companies off from U.S. infrastructure development funds because the U.S. intelligence community views their technology as a national security risk.
Guess what folks? Trump doesn’t give a shit about U.S. national security. He cares about money for himself. Period.
Michael Avenatti has had a busy past few days, and I’ve been following the revelations pretty closely. On Sunday Avenatti posted some stills from a C-Span video of Trump Tower during the transition.
Later, he revealed that a Quatari official apparently met with Michael Cohen and Michael Flynn on Dec. 12, 2016.
Members of the Trump transition team appear to have met on December 12, 2016, with a group from Qatar that included Ahmed Al-Rumaihi, the former Qatari diplomat and current head of a division of Qatar’s massive sovereign wealth fund, who is accused in a recent lawsuit of scheming to bribe Trump administration officials.
On the lawsuit:
Ice Cube, the rapper and actor, and his business partner, Jeff Kwatinetz, recently filed a $1.2 billion lawsuit that includes an allegation that Al-Rumaihi and other Qatari officials who invested in the men’s BIG3 basketball league indicated interest in gaining access to people connected to Trump. “Mr Al-Rumaihi requested I set up a meeting between him, the Qatari government, and Stephen Bannon, and to tell Steve Bannon that Qatar would underwrite all of his political efforts in return for his support,” Kwatinetz said in the court filing. Kwatinetz says he rejected the offer, which he viewed as a bribe.
In response, Kwatinetz claims, “Al-Rumaihi laughed and then stated to me Buthat I shouldn’t be naive, that so many Washington politicians take our money, and stated ‘do you think Flynn turned down our money?’” That’s a reference to Michael Flynn, who was fired as Trump’s national security adviser after lying about his contacts with then Russian Ambassador Sergey Kislyak.
But it appears that other Quatari officials were also in the Dec. 12, 2016 meeting, according to knowledgeable people on Twitter.
And a third person from Quatar who is also involved in the lawsuit filed by Ice Cube and Kwatinetz was also present.
What the hell is going on? A couple of useful reads:
The founder of a three-on-three basketball league who claims he was offered a bribe by a one-time Qatari diplomat to arrange access to Steve Bannon said on Monday that the former diplomat is the same person photographed with Michael Cohen at Trump Tower in December 2016.
Big 3 basketball league co-founder Jeff Kwatinetz told Slate that he recognized Ahmed Al-Rumaihi in photos with Cohen that were tweeted Sunday by attorney Michael Avenatti.
“Yes, 100 percent,” Kwatinetz said when asked if he thought the videos and photos were of Ahmed Al-Rumaihi. Last week, Kwatinetz, who is a co-founder of Big 3 with Ice Cube, accused Al-Rumaihi in a sworn court declaration of making an attempted bribe and of suggestively boasting that Flynn had not refused “our money.” [….]
[Michael] Avenatti tweeted the images that appeared to show Al-Rumaihi entering an elevator in Trump Tower on Dec. 12, 2016, five days after news broke of the multibillion-dollar sale of 19.5 percent of the Russian fossil fuel giant Rosneft to Swiss trading firm Glencore and Qatar’s sovereign investment fund. (Glencore and Qatar sold off a major stake of Rosneft to China last year, but earlier this month Qatar bought back in to the Russian company for a total stake of 19 percent.)
The Rosneft deal features prominently in an investigative dossier compiled by former British spy Christopher Steele. A central claim of the Steele dossier was that Trump foreign policy adviser Carter Page, during an alleged meeting with Rosneft officials in summer 2016, promised that a Trump administration would undo sanctions against Russia, in part, in exchange for brokerage of the Rosneft deal. In May 2016, Al-Rumaihi reportedly took over as head of a major division of the wealth fund ultimately involved in the Rosneft deal.
The allegations in the Steele dossier, made in October 2016, suggested a future quid-pro-quo deal between Russia and the Trump campaign. Trump has been conspicuously resistant to Russian sanctions despite widespread congressional support from both parties. As Jed Shugerman has noted in Slate, during congressional testimony Page acknowledged meeting with Andrey Baranov, the head of investor relations at Rosneft, during his July 2016 trip to Russia and acknowledged “briefly” discussing the sale of Rosneft as well as there being “some general reference” to sanctions. As Business Insider’s Natasha Bertrand has reported, Page also acknowledged meeting with top Rosneft managers in Moscow on Dec. 8—four days before the apparent Cohen–Al-Rumaihi meeting and one day after the completion of the Rosneft deal.
I have produced a Google Doc timeline, based on publicly available reports and documents, of the alleged bribery scheme between Russia and Trump associates, possibly through Qatar’s purchase of Rosneft….
Russia’s sale of Rosneft Gas is the key event in the Steele Dossier’s quid pro quo allegation. On June 2016, Russians allegedly offer Trump associates a massive payout derived from the commissions on Russia’s sale of 19.5% of state energy giant Rosneft ($11 billion), in return for lifting sanctions. Weeks after the election, Flynn and Kushner are in contact with Russian officials. Then Russia sells a 19.5% stake in Rosneft in a concealed deal, eventually revealed to be with Qatar. Immediately after the deal, a Qatari diplomat allegedly met with Cohen and Flynn at Trump Tower.
In January 2017, payments from Russian oligarch to Michael Cohen begin, and Flynn reportedly texts associates that Trump will lift Russian sanctions, opening up huge personal profits. But around this time, the Dossier is published. Kushner sought money directly from Qatar, because it is possible that Qatar was backing off of the deal, wary of its exposure. In April 2017, Kushner reportedly escalated a Gulf state crisis between Saudi Arabia, UAE, and Qatar with a risk of regional war. A few months later, the Qatar-backed Apollo Group delivers $184 million to Kushner, who has been in financial crisis over a disastrous purchase of 666 5th Ave.
Remember, Robert Mueller and his investigators have likely known all this for a long time and they probably know many more details. Michael Flynn has been cooperating for months, and indictments involving Michael Cohen are very likely in the works.
What stories are you following today?
The pressure is building on Trump. This morning he had a major meltdown on Fox and Friends. It was so bad that the hosts couldn’t hide their embarrassment and they finally had to cut off the call. Trump publicly accused James Comey and Andrew McCabe of committing crimes and for the first time he said the words “Stormy Daniels” and admitted that Michael Cohen was representing him (Trump) in Cohen’s dealings with Daniels. He also admitted that he spent the night in Moscow in 2013, despite what he told Comey. Finally, he said that he wasn’t going to keep his hands off the DOJ much longer.
President Trump called into his favorite morning show for a wide-ranging interview during which an animated — and, at times, angry — Trump weighed in on several scandals swirling around his administration. Chief among them: special counsel Robert Mueller’s ongoing investigation into the Trump campaign’s contacts with Russia.
The president chastised the Justice Department for greenlighting the Russia probe into his campaign’s alleged ties with Russia rather than pursuing a separate investigation into former FBI Deputy Director Andrew McCabe.
“Our Justice Department, which I try and stay away from, but at some point, I won’t, our Justice Department should be looking at that kind of stuff, not the nonsense of collusion with Russia,” Trump said. “There is no collusion with me with Russia and everyone knows it.”
Asked about the extent to which Cohen handles his legal affairs, Trump characterized his involvement as “a tiny, tiny little fraction.” But there was a notable exception.
“He represents me like with this crazy Stormy Daniels deal,” Trump said, marking the first time he had ever spoken the porn actress’ name publicly. The disclosure also raised further questions about his earlier assertion that he had no knowledge that Cohen paid the porn actress $130,000 in hush money during the 2016 presidential campaign.
“He leaked classified information to get a special counsel and leaked the memos which are classified — the memos were about me and he didn’t write those memos accurately. He wrote a lot of phony stuff,” Trump said as the Fox & Friends hosts looked on in silence. “For instance, I went to Russia for a day or so, a day or two, because I own the Miss Universe pageant, so I went there to watch it because it was near Moscow. So I go to Russia, now, I didn’t go there, everybody knows the logs are there the planes are there. He said I didn’t stay there a night. Of course I stayed there. I stayed there a very short period of time but of course I stayed there. Well his memo said I left immediately, I never said that. I never said I left immediately.”Trump also said of Comey: “I did a great thing for the American people by firing him.”
Here’s his rant on McCabe.
I hope McCabe’s lawyer was listening, because I think he has a case for defamation.
First, Trump claimed that Cohen — his longtime personal lawyer and fixer — only represented him in “a tiny, tiny little fraction” of his overall legal work….
Trump’s comments come a day after a lawyer representing him told a federal judge that Trump himself “is ready to help recommend what materials seized from his personal attorney that relate to him should be withheld from federal investigators because of attorney-client privilege,” according to the Associated Press.
The day after the raid on his longtime personal attorney, Trump suggested that it shouldn’t even have happened because of attorney-client privilege.
But Trump’s claim that Cohen only deals with “a tiny, tiny little fraction” of his legal work will likely complicate his lawyers’ efforts to shield seized documents from federal investigators in prosecutors.
Trump acknowledged during the Fox & Friends interview that Cohen did represent him during his dealings with Daniels. Trump recently claimed he had no knowledge of the payment at the time.
“Michael would represent me and represent me on some things,” Trump said. “He represented me like with this crazy Stormy Daniels deal, he represented me. He represented me and you know, from what I see he did absolutely nothing wrong.”
But Cohen’s story about the secret Daniels hush payment — which may have been illegal if it was meant to help Trump’s campaign — is that he made it from his personal funds, without Trump being looped in at all. Trump’s acknowledgement that Cohen “represented me” in the “crazy Stormy Daniels deal” undermines the repeated public claims of his own lawyer.
Read more details at the link above. Also see this piece at The Guardian: Trump admits Michael Cohen was his lawyer in Stormy Daniels matter.
You can watch a long clip from the interview at this Business Insider link. If you can’t stand to listen to Trump’s voice, at least watch it with the sound muted to see the embarrassed looks on the faces of the Fox hosts.
Here’s what Trump whisperer Maggie Haberman had to say about Trump’s meltdown.
And here we go. The government’s attorneys quoted Trump’s Fox and Friends rant in their filing for the court hearing in the Michael Cohen case today at noon.
Click on that link to read the entire document.
One more related story from The New York Times: Michael Cohen to Take Fifth Amendment in Stormy Daniels Lawsuit.
Michael D. Cohen, President Trump’s longtime personal lawyer, will invoke his Fifth Amendment right in a lawsuit filed against the president by Stephanie Clifford, the pornographic film star better known as Stormy Daniels.
Mr. Cohen’s decision, disclosed Wednesday in a court filing in California, where the suit was filed, came a day before a federal judge in Manhattan was set to hold a hearing regarding materials seized from Mr. Cohen during an F.B.I. raid earlier this month.
Mr. Cohen cited the Manhattan investigation in his filing on Wednesday, saying that, if called as a witness in Ms. Clifford’s lawsuit, “I will assert my 5th Amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the F.B.I. and U.S. Attorney for the Southern District of New York.” [….]
Citing the Fifth Amendment in the Clifford case allows Mr. Cohen to avoid being deposed and revealing sensitive information in the more important criminal investigation.
In Trump “I know the best people” news, The White House has withdrawn the nomination of Ronny Jackson to run the VA. The Washington Post:
The White House withdrew the nomination of Dr. Ronny L. Jackson, the White House physician, to lead the Veterans Affairs Department on Thursday after lawmakers went public with a torrent of accusations leveled against him by nearly two dozen current and former colleagues from the White House medical staff.
In a statement released Thursday morning, Dr. Jackson announced that he was withdrawing his name for consideration to be the secretary of Veteran Affairs.
“Unfortunately, because of how Washington works, these false allegations have become a distraction for this president and the important issue we must be addressing — how we give the best care to our nation’s heroes,” Dr. Jackson said in a statement provided by the White House press office.
He said that the charges against him were “completely false and fabricated.”
Within minutes of the withdrawal, President Trump lamented the loss of his nomination, and said that Senator Jon Tester of Montana, the top Democrat on the Senate Committee on Veterans’ Affairs, would “have a big price to pay” for undercutting Dr. Jackson.
Environmental Protection Agency Administrator Scott Pruitt will face a double whammy of hearings on Capitol Hill Thursday that could make or break his career at the EPA. You can watch the C-SPAN livestream here.
The hearings were originally intended to give Pruitt the chance to pitch his agency’s budget for the upcoming fiscal year. But members of the House Energy and Commerce Committee and the House Appropriations Committee, including some Republicans, are expected to grill Pruitt over his growing list of alleged ethical lapses.
A tsunami of accusations of improper dealings has emerged since Pruitt’s last trip to the Hill in January, from using sirens to get to dinner reservations to a sweetheart condo deal with a lobbyist to ousting staffers who questioned his luxury travel. These allegations have led to investigations from Congress, the White House, and government watchdogs. The Government Accountability Office already found that the $43,000 phone booth in Pruitt’s office broke the law.
And though his prepared statement for the Energy and Commerce Committee completely ignores the controversies around him, the New York Times reported that Pruitt is preparing for a confrontation with a set of talking points on his long list of scandals. He will argue, among other things, that he flew first class based on recommendations from his security staff and that he wasn’t involved in the decision to bypass the White House to get massive raises for two close aides.NB
Meanwhile, EPA employees protested outside the agency’s headquarters on Wednesday, decrying budget cuts alongside activists and lawmakers who want to “Boot Pruitt” out of office.
NBC News’ First Read suggests that Trump’s biggest problem might be the competency question.
This morning, President Trump’s pick to head the Department of Veterans Affairs withdrew his nomination after new allegations against him surfaced. Today, Congress is expected to grillthe president’s EPA administrator over alleged ethical lapses. And the president’s personal lawyer and fixer is pleading the Fifth Amendment.Yes, it’s chaos and controversy, which we’ve constantly chronicled here. But it’s also a matter of competency. According to this month’s NBC/WSJ poll, a majority of Americans — 56 percent — said that Trump’s administration isn’t competent, including 39 percent who said it isn’t competent at all. By contrast, 43 percent said it was competent, including 16 percent who said “very competent.”
To put those numbers into perspective, 50 percent of American said Barack Obama’s administration was competent in June 2014 (so after the Obamacare website crash during his second term), and 53 percent said George W. Bush’s administration was competent in March 2006 (after Hurricane Katrina).
So for all the potential dangers to Trump’s presidency — the Russia investigation, historically low approval ratings, Democrats possibly winning the House (and Senate) in November — the biggest could very well be the competency question.
Indeed, majorities of women (61 percent), seniors (58 percent), millennials (57 percent), independents (57 percent) and men (51 percent) said the Trump administration wasn’t too competent or not competent at all. Even whites were split down the middle — 50-50.
That’s a big problem.
That’s all I have for you this morning. I know I’ve only touched on a small part of what’s happening. So . . . what stories are you following today?
Good Morning Sky Dancers!
Well, I watched the ABC interview of disgraced FBI Director James Comey by George Stephanpolous and came away underwhelmed. I really don’t feel any news was made. The only thing I saw was a good case study of the White Male Savior prototype who just refuses to embrace the idea that he’s done wrong, he didn’t save the world, and likely caused an assault on all he says he holds dear. Comey is fighting to stay in denial. His demeanor spoke volumes.
My basic question remains despite the supposed answer of because he was saving Clinton from entering the Presidency under a cloud. Why did he say he’d do it all over again? Why didn’t he listen to Yates and Lynch who said don’t do it? I mean sheesh… he had to know the Republicans would make hay with all of that. They were gunning for Clinton for years. Why ignore Yates and Lynch (read this Vanity Fair piece for a good reminder) and tell Chavetz of all pseudo people? One hint to Chavetz that both candidates were under investigation would have knocked the wind right out of Chavetz leaking shit. The finer points of game theory do not mean you’re putting your finger on a scale. It just directs responses to a more manageable path. If you’re going to play great white male savior at least set the chess board up right. My answer keeps coming back to the white male savior complex. He ignored the advice of the powerful women around him convincing himself he’d be able to rescue the powerful damsel in distress and save the country.
Anyway, the only heads exploding over this interview are in the FBI itself. I’m just gobsmacked by the level of hubris personally even though it was wrapped up in a body language and facially expression that suggested a lot of counselling is required.
FBI sources who did not support Comey’s decision to announce the reopening of the Clinton email investigation still stood by him at the time and were outraged at the way in which Trump fired the director. He learned of his dismissal after reading it on a television screen inside the Los Angeles FBI building where he was speaking to agents.
Those same current and former FBI agents and officials—and others—did not respond well to Comey’s interview Sunday night.
Support for Comey has dwindled as those who worked closely with him and initially supported him began to see his book and his public interactions—including Twitter selfies in Iowa—as self-serving and gauche, four sources said.
Their anger has grown in recent months as agents have come to see Comey as the reason for the “current shitshow… that is the Trump presidency,” one former official, who voted for Trump, explained.
Here’s Lanny Davis writing Op Ed for The Hill that portrays Comey as a liar. The White House has been screaming “Leaker” and “Liar” for weeks now. Frankly, I think the only one Come has lied to is himself.
On Saturday night, the great Wolf Blitzer interviewed one of his panelists about James Comey’s justification for violating over a half-century of Justice Department policies in Republican and Democratic administrations when he sent his October 28 letter to Congress in 2016, which cost Hillary Clinton the presidency.
Comey has repeatedly claimed that he was “obligated” to write his speculative letter because of a promise he had made to Congress to do so if “anything new” came up after his July 5, 2016, press conference announcing a new prosecutable case could be brought against Clinton.
When one of Blitzer’s panelists on Saturday night inaccurately repeated the Comey lie that Comey was “obligated” to send his game-changing letter to Congress because he had promised to do so, Blitzer should have interrupted and corrected the record. “No that is not correct — Comey only promised to ‘look at’ any new evidence, not to write his letter in the closing days of the election.”
Another form of a lie is by omission.
Comey knows — and knows that we all now know — that if he had done what in fact he had told Congress he would do, i.e., looked first before writing his letter, he and the FBI would have completed their review within six days, as we know happened between Oct 30, 2016, when they first began to look at Clinton emails on Anthony Wiener’s laptop, and Nov. 5, when they completed their review. And we know that they would have determined — as they announced on Nov. 6, two days before the election— that there was no “there” there in the Clinton emails, i.e., nothing new to change their July 5 non-prosecution decision. Thus, there would have been no need for Comey to write the history-changing Oct. 28 letter. And hence, Hillary Clinton, as all the data prove over the last 11 days in crucial battleground states, would be president today. During the interview, Comey also said that his decision to announce shortly before the election that the FBI was going to reopen the case was influenced by his belief that Clinton would beat Trump and his desire to make sure that the election During the interview, Comey also said that his decision to announce shortly before the election that the FBI was going to reopen the case was influenced by his belief that Clinton would beat Trump and his desire to make sure that the election results were viewed as legitimate.results were viewed as legitimate.
Of course the Trump Hate machine was locked and loaded this morning.
President Trump took fresh aim at fired FBI director James B. Comey on Monday, lambasting his handling of the investigation into Hillary Clinton’s email server and asserting again that Comey and another FBI official had committed crimes.
Trump’s comments on Twitter were his first since Comey’s high-profile television interview Sunday night in which he said he believes Trump is “morally unfit” to be president and that he hopes Trump will be voted out of office.
White House spokeswoman Sarah Huckabee Sanders told reporters that Trump had watched “bits and pieces” of the interview but not the entire thing.
In his tweet, Trump complained that Comey “drafted the Crooked Hillary exoneration long before he talked to her” and asserted that in deciding how to handle the case, Comey “based his decisions on her poll numbers.”
This was the statement that galled me most. So, I’m calling it out again. This allowed the Trump Team venom to target Clinton again.
During the interview, Comey also said that his decision to announce shortly before the election9 that the FBI was going to reopen the case was influenced by his belief that Clinton would beat Trump and his desire to make sure that the election results were viewed as legitimate.
There is a lot of other news today. Cohen hasn’t released his client list and is headed back to court hoping a Trump-filed injunction will save his ass from its destiny in jail. The EPA chief is in serious trouble for all kinds of things.
I will likely watch the Consigliere match up this afternoon.
Withstanding the hearing is only the beginning of what could be an ugly legal situation for Cohen. No charges have been filed against him, but prosecutors asserted that he is under criminal investigation. Cohen, who professes a devout fealty to his boss, has spent more than a decade working alongside the Trumps, devoting his professional life to protecting them. He may now be in a position where he could be forced to choose between continuing that line of defense, or putting himself and his own family first. In my interviews with Cohen, he has always stated plainly, repeatedly, and in a Godfather-esque lingua franca, how unfailingly loyal he is to the president and to the Trump family. Over the summer, Cohen told me that he would take a bullet for Trump. In February, as the Stormy Daniels controversy heated up, he told me that he would do it again today for Trump and again for him tomorrow. “No question,” he said. Last month, he told me that it was his job to protect his client—his friend—and the Trump family.
Maybe, I’ll just take a nap instead.
What’s on your reading and blogging list today?