Monday Reads: Has Trump finally found his Roy Cohn?

Our next attorney general: February 9, 2019

It’s Monday and we’re headed towards April Fool’s Day.

Or did that happen yesterday afternoon when it became pretty obvious that a Quid Pro Quo was delivered to Congress by an Attorney General who did pretty much what he was hired to do.  Congress–Our Congress–and we the people have to see the full report of the Mueller investigation. We must determine exactly what is meant by the President wasn’t exonerated and hey, I’ve decided noot no to prosecute but just make it all go away as much as possible because I believe in an imperial presidency and I did this before and got away with it.  So come get it if you can.

I wasn’t exactly expecting a smoking gun from Mueller.  I was, however, expecting a guy that wrote a diatribe on how the entire exercise was a witch hunt and then submitted it to the President for a spot back on the A team was  going to do exactly what he was hired to do. He’s providing cover at whatever the cost for a law ignoring  monster of a man.

Now, we wait for Congress and the Courts to shake it all out of Barr.

Here’s how Neil Katayal sees. it.   You may recall that Katayal drafted the special counsel regulations under which Robert Mueller was appointed.

But the critical part of the letter is that it now creates a whole new mess. After laying out the scope of the investigation and noting that Mr. Mueller’s report does not offer any legal recommendations, Mr. Barr declares that it therefore “leaves it to the attorney general to decide whether the conduct described in the report constitutes a crime.” He then concludes the president did not obstruct justice when he fired the F.B.I. director, James Comey.

Such a conclusion would be momentous in any event. But to do so within 48 hours of receiving the report (which pointedly did not reach that conclusion) should be deeply concerning to every American.

The special counsel regulations were written to provide the public with confidence that justice was done. It is impossible for the public to reach that determination without knowing two things. First, what did the Mueller report conclude, and what was the evidence on obstruction of justice? And second, how could Mr. Barr have reached his conclusion so quickly?

Mr. Barr’s letter raises far more questions than it answers, both on the facts and the law.

His letter says Mr. Mueller set “out evidence on both sides of the question and leaves unresolved what the special counsel views as ‘difficult issues’ of law and fact concerning whether the president’s actions and intent could be viewed as obstruction.” Yet we don’t know what those “difficult issues” were, because Mr. Barr doesn’t say, or why Mr. Mueller, after deciding not to charge on conspiracy, let Mr. Barr make the decision on obstruction.

On the facts, Mr. Barr says that the government would need to prove that Mr. Trump acted with “corrupt intent” and there were no such actions. But how would Mr. Barr know? Did he even attempt to interview Mr. Trump about his intentions?

What kind of prosecutor would make a decision about someone’s intent without even trying to talk to him? Particularly in light of Mr. Mueller’s pointed statement that his report does not “exonerate” Mr. Trump. Mr. Mueller didn’t have to say anything like that. He did so for a reason. And that reason may well be that there is troubling evidence in the substantial record that he compiled.

William Saletan–at Salon–has a take that’s worth considering. “Bill Barr’s Weasel Words. All the ways the attorney general is spinning the Mueller report to protect Trump.”

Special counsel Robert Mueller has submitted his report on the Russia investigation, and Republicans are gloating. They claim a four-page letterfrom Attorney General William Barr, purporting to summarize the report, exonerates President Donald Trump. They’re wrong. The letter says the Justice Department won’t prosecute Trump, but it reaches that conclusion by tailoring legal standards to protect the president. Here’s a list of Barr’s weasel words and what they’re hiding.

“The Russian government.” The letter quotes a sentence from Mueller’s report. In that sentence, Mueller says his investigation didn’t prove that members of the Trump campaign “conspired or coordinated with the Russian government in its election interference activities.” The sentence specifies Russia’s government. It says nothing about coordination with other Russians. Trump’s campaign chairman, Paul Manafort, gave campaign polling data to Konstantin Kilimnik, a Russian associate who has been linked to Russian intelligence. Manafort, Donald Trump Jr., and Jared Kushner met secretly in Trump Tower with Natalia Veselnitskaya, a Kremlin-connected lawyer. But neither Kilimnik nor Veselnitskaya is part of the Russian government. They seem to be excluded from Barr’s analysis.

223138Read the entire list of Weasel Words.  Then, remember the last time Barr basically did the same kind of thing George HW Bush and Iran Contra.  Why wouldn’t he do it again especially since he was out writing about it for Trump and all to see over the past two years?  Remember all those pardons?

Back then, the all-consuming, years-long scandal was called Iran-Contra. On Dec. 24, 1992, it ended when Bush pardoned six peoplewho had been caught up in it.

“The Constitution is quite clear on the powers of the president and sometimes the president has to make a very difficult call,” Bush said then. “That’s what I’ve done.”

Then-Attorney General Barr supported the president’s decision in the Iran-Contra case, which gave clemency to people who had been officials in the administration of President Ronald Reagan, including former Defense Secretary Caspar Weinberger. He had been set to go on trial to face charges about lying to Congress.

To the man who led the Iran-Contra investigation, however, the pardons represented a miscarriage of justice.

“It demonstrates that powerful people with powerful allies can commit serious crimes in high office, deliberately abusing the public trust without consequences,” said Lawrence Walsh, the independent prosecutor in the case, at the time of the pardons.

Barr said later that he believed Bush had made the right decision and that he felt people in the case had been treated unfairly.

“The big ones — obviously, the Iran-Contra ones — I certainly did not oppose any of them,” Barr said as part of the Presidential Oral History Program of the Miller Center at the University of Virginia.

Well, he’s has certainly handed a reprieve-at the very least- to a very big one at the moment.

Marcy Wheelers’s conclusions at The New Republic are worth reading.  This headline even sums it up nicely.  “Yes, Trump Obstructed Justice. And William Barr Is Helping Him Cover It Up. The attorney general’s take on the Mueller report goes through contortions to avoid charging the president with a crime.”

It is widely believed that Barr had already categorically ruled out charging a president with obstruction. In a June 2018 memo, shared with Trump’s lawyer before his nomination, Barr argued that the theory of obstruction he believed Special Counsel Robert Mueller to be adopting would not be proper. But in that very same memo—on the very first page!—Barr conceded, “Obviously, the President … can commit obstruction in [a] classic sense of sabotaging a proceeding’s truth-finding function.” Barr envisioned that if a president “suborns perjury, or induces a witness to change testimony … then he, like anyone else, commits the crime of obstruction.”

That’s important, because we know that Trump has been involved in getting his aides to lie. His own lawyer, Jay Sekulow, reportedly edited the prepared statement Trump’s longtime personal attorney Michael Cohen gave to Congress about an effort to build a Trump Tower in Moscow. Cohen goes to prison in May, in part, for telling lies that Sekulow reviewed.

And Trump has repeatedly dangled pardons to subordinates under investigation, reportedly including former National Security Advisor Mike Flynn, former campaign chair Paul Manafort, and Cohen. Indeed, in a hearing in February, Mueller prosecutor Andrew Weissmann argued that Manafort lied about the details of sharing Trump campaign polling data with the Russian political operative Konstantin Kilimnik on August 2, 2016—knowing that the data would be passed on to others including other Russians—specifically to “augment his chances for a pardon.”

Ah Manafort, does he get his pardon now that the President and his enablers are screaming it’s an exoneration even though it really wasnt?
Well, turn the TV news on if you dare.  I’m just going to grade for awhile and hope there’s a plan some where to end this nightmare.


Thursday Reads: A Mish-Mash of Stories

By Maugham Casorati, born 1897 in London, UK died 1982 in Turin, Italy

Good Morning!!

I wish we could go back to the days when we weren’t overwhelmed with breaking news every single morning. I’ve got a mish-mash of articles for your this morning.

The biggest news today will probably be what happens at Paul Manafort’s sentencing hearing at 3:30 this afternoon in the Eastern District of Virginia.

Courthouse News: Manafort Faces Decades in Prison at Virginia Sentencing.

Manafort, 69, faces up to 24 years in prison when he is sentenced by U.S. District Judge T.S. Ellis III. During his trial last August, spread over 12 rigorous days, prosecutors unfurled a complex web of fraud he coordinated in multiple countries with the help of his business associate, Rick Gates, who pleaded guilty to charges brought by Special Counsel Robert Mueller and testified against Manafort as the star witness.

Accused of failing to report roughly $16.5 million in income from his political lobbying work on behalf of Ukraine and its onetime President Viktor Yanukovych, the jury in Virginia found Manafort guilty on eight counts of bank and tax fraud after four days of deliberations….

By Bego Tojo

Though none of the charges Manafort faced in Virginia directly involved any of his work on President Donald Trump’s campaign, Mueller’s underlying task – to unearth American activity connected to Russian meddling in the election – placed the spotlight firmly on the president’s onetime campaign chairman….

Manafort will go before Judge Ellis on Thursday afternoon for his sentencing.

Federal sentencing guidelines in the Virginia case suggest Manafort should serve 19 to 24 years in prison but Judge Ellis can impose any sentence he sees fit – including one well below the guidelines. Mueller has recommended Manafort be sentenced in the upper range of the guidelines.

As you probably recall, Judge Ellis is kind of eccentric and usually makes very blunt remarks. Remember, he asked prosecutors whether they had considered charging Mike Flynn with treason and told him “You sold your country out.” Read Ellis quotes at CNN: Baked Alaska and birthday cake: Memorable lines from the Manafort trial judge, T.S. Ellis.

I really dislike the conservative site Axios, but they have a good piece today: The biggest political scandal in American history.

Historians tell Axios that the only two scandals that come close to Trump-Russia are Watergate, which led to President Richard Nixon’s resignation in 1974, and the Teapot Dome scandal of the early 1920s, in which oil barons bribed a corrupt aide to President Warren Harding for petroleum leases.

Mueller has already delivered one of the biggest counterintelligence cases in U.S. history, author Garrett Graff points out — up there with Aldrich Ames (a former CIA officer convicted in 1994 of being a KGB double agent), or Julius and Ethel Rosenberg (executed in 1953 for spying for the Soviets).

By Guillermo Marti Ceballos (Barcelona 1958)

Watergate yielded more charges than Mueller has so far: A total of 69 people were charged in Watergate; 48 people and 20 corporations pleaded guilty. Mueller so far has indicted 27 people; seven have been convicted or pleaded guilty.

But historians say that both Watergate and Teapot Dome were more limited because a foreign power wasn’t a central player, and a much narrower band of potential offenses was under investigation.
A fourth notable scandal, the Iran-Contra affair of the mid-1980s — in which arms were traded for hostages held by Iran, with the money usRed to fund rebels in Nicaragua — also involved a more limited range of issues.

Read the rest at Axios. It’s actually quite a bit more comprehensive than most of their stories.

J.T. Smith, who was executive assistant to Attorney General Elliot Richardson under Nixon, has an op-ed at The New York Times today: What if the Mueller Report Demands Bold Action?

Most people take for granted that both Mr. Mueller and the new attorney general, William Barr, accept the current Justice Department legal position — reached in a 2000 opinion — that a sitting president cannot be indicted. In a June 2018 memo, Mr. Barr said that under “the Framers’ plan,” the “proper mechanism for policing the president’s” actions “is the political process — that is, the People, acting either directly, or through their elected representatives in Congress.”

Yet since 1973, the Justice Department has revisited its position five times on the question of indicting a sitting president and reached different conclusions. In fact, as executive assistant to President Richard Nixon’s attorney general, Elliot Richardson, I can speak to the circumstances that delivered that first opinion: The principal purpose of the 1973 Watergate-era legal opinion — which concluded that a sitting president cannot be indicted — was to aid in removal from office of a criminally tainted vice president, who, the memo concluded, could be indicted.

But it was not intended to set an ironclad precedent that would forever shape how a president might be treated.

By Jerry Weiss

My experience makes me believe that Attorney General Barr should reconsider Justice Department policy. If the evidence gathered by the Mueller investigation on the actions of the president and his advisers indicates a crime, an indictment might be the proper course to hold the president accountable. Further, the indictment policy does not stand in isolation: It has repercussions for a Mueller report and access to it for Congress and the American public.

As Rachel Maddow reported recently, the 1973 policy was written when Nixon’s VP Spiro Agnew was being investigated for “bribery, extortion and tax evasion.” (he was subsequently indicted and forced to resign). You can read more details about the history at the link. Smith’s conclusion:

Mr. Mueller’s investigation has brought us to face similar questions of institutional integrity and transparency for the American public. If Mr. Barr determines that Mr. Mueller’s findings compel legal action, he should reconsider the policy against indictment of a sitting president.

But if Mr. Barr holds to the view that a president’s actions should be policed by the political and not criminal process, it will be imperative that he share a Mueller report with Congress and, to the extent practicable, with the public, redacting only information that is classified or otherwise prohibited by statute.

In light of the gravity of our circumstances, it would be timely and appropriate for the Justice Department to reconsider the shaky policy regarding indictability of a sitting president and provide Congress and the public with the Mr. Mueller’s full findings and conclusions. Only through sunlight and transparency can we preserve confidence in our national institutions and leadership.

Yesterday the DNC announced that they will not hold a primary debate in conjunction with Fox News, citing Jane Mayer’s New Yorker Article. This is nothing unusual; the Democrats have refused to work with Fox News since 2007, but mainstream journalists are criticizing the decision.

Now media critic Margaret Sullivan has weighed in at The Washington Post: It’s time — high time — to take Fox News’s destructive role in America seriously.

Chris Wallace is an exceptional interviewer, and Shepard Smith and Bret Baier are reality-based news anchors.

By Dibujo de Eduardo Estrada

Now that we’ve got that out of the way, let’s talk about the overall problem of Fox News, which started out with bad intentions in 1996 and has swiftly devolved into what often amounts to a propaganda network for a dishonest president and his allies.

The network, which attracts more viewers than its two major competitors, specializes in fearmongering and unrelenting alarmism. Remember “the caravan”?

At crucial times, it does not observe basic standards of journalistic practice: as with its eventually retracted, false reporting in 2017 on Seth Rich, which fueled conspiracy theories that Hillary Clinton had the former Democratic National Committee staffer killed because he was a source of campaign leaks.

Fox, you might recall, was a welcoming haven for “birtherism” — the racist lies about President Barack Obama’s birthplace. For years, it has constantly, unfairly and inaccurately bashed Hillary Clinton.

Read the rest at the WaPo.

Jared Kushner recently traveled to the Middle East and met privately with Saudi prince MBS. Now he won’t tell anyone what went on in his meetings. The Daily Beast: Embassy Staffers Say Jared Kushner Shut Them Out of Saudi Meetings.

Officials and staffers in the U.S. embassy in Riyadh said they were not read in on the details of Jared Kushner’s trip to Saudi Arabia or the meetings he held with members of the country’s royal court last week, according to three sources with knowledge of the trip. And that’s causing concern not only in the embassy but also among members of Congress.

By Henry McGrane

On his trip to the Middle East, Kushner stopped in Riyadh. While there, he met with Saudi Crown Prince Mohammed bin Salman and King Salman to discuss U.S.-Saudi cooperation, the Israeli-Palestinian conflict and economic investment in the region, according to the White House.

But no one from the embassy in Riyadh was in the meetings, according to those same sources. The State Department did have a senior official in attendance, but he was not part of the State Department team in Saudi. He is a senior member of the department focused on Iran, according to a source with direct knowledge of the official’s presence in Riyadh.

“The Royal Court was handling the entire schedule,” one congressional source told The Daily Beast, adding that officials in the U.S. embassy in had insight into where Kushner was when in Saudi Arabia. “But that is normal for his past trips.”

Click the link to read the rest. A related article from the WaPo editorial board: Trump is covering up for MBS. The Senate must push for accountability.

New York Times gossip columnist Maggie Haberman relays former WH Chief of Staff John Kelly’s attempted cleanup of his mangled reputation following the revelations about Jared and Ivanka’s security clearances: John Kelly, Out of White House, Breaks With Trump Policies.

The former White House chief of staff, John F. Kelly, on Wednesday declined to answer questions about the existence of a memo he wrote saying that President Trump had ordered officials to give his son-in-law, Jared Kushner, a security clearance in May 2018.

By Mario Tozzi 1920

Mr. Kelly also broke with Mr. Trump on key aspects of his approach to immigration and the NATO alliance, and said that his top concern about decisions made by the president was whether they were objectively right for the country when divorced from political concerns.

Mr. Kelly, who kept his voice level during a 90-minute question-and-answer session at Duke University, would not specifically address Mr. Kushner’s clearance being ordered by Mr. Trump, which The New York Times reported last week.

“I couldn’t — and I’m not dodging — I couldn’t comment on that for a couple of reasons,” Mr. Kelly said, citing clearances being among the things that he could not discuss, and that conversations with the president “at that level would certainly” be kept confidential under executive privilege.

Some of what Kelly did talk about:

Mr. Kelly, who left at the end of December, also made clear he did not consider himself working for Mr. Trump, but doing his civic duty to serve. If Hillary Clinton had won, he said, he probably would have worked for her as well.

Mr. Kelly defended the utility of the NATO alliance, which Mr. Trump has often criticized as an unfair financial drain on the United States.

On a wall at the border with Mexico, Mr. Kelly said that there were specific areas where it could be effective but constructing one “from sea to shining sea” was a “waste of money.”

The issuance of the zero-tolerance policy for border crossings that resulted in family separations “came as a surprise” to him and to other officials, Mr. Kelly said, defending his replacement as secretary of the Department of Homeland Security, Kirstjen Nielsen, from criticism. He appeared to place most of the blame on the former attorney general, Jeff Sessions, who announced the policy.

I have a few more links to share, but this post is getting long. I’ll put them in the comment thread. What stories have you been following?


Thursday Reads: Will the Mueller Investigation Go Out “Not With A Bang, But A Whimper”?

Good Morning!!

Trump’s handpicked Attorney General has been in place for just a few days, and suddenly multiple news organizations are reporting that the Mueller investigation is ending soon. Interestingly, The New York Times has not yet reported this story.

What’s going on? There are multiple outstanding cases. Roger Stone was only recently arrested and the Special Counsel’s Office can’t possibly have gone through all the materials they collected in searches at three different locations. The Supreme Court has not yet ruled on the mystery foreign company that is resisting the  SCO’s subpoena. Andrew Miller is still fighting a grand jury subpoena. What about the case of Jerome Corsi, who said he was told he’d be indicted? What about Donald Trump Jr.?

I think we have to ask if in fact the Trump obstruction has finally worked. I’d also like to know why reporters are so gleeful about the purported end of the investigation? Why is there no skepticism about how coincidental this all seems.

There’s also this:

WTF? Note that Matt Schlapp’s wife Mercedes is the White House Director of Strategic Communications.

One more coincidence: the new politics editor at CNN is Sarah Isgur Flores, a right wing conspiracy theorist who most recently worked as Jeff Sessions’ spokesperson at DOJ. Could she be a source for these stories about the end of the Mueller probe?

Vanity Fair: “She Was Pitching her Intimate Knowledge of the Mueller Probe”: Sarah Isgur Flores, Former Trumper, Talked to MSNBC Before Signing with CNN.

CNN’s hiring of Sarah Isgur Flores, a longtime G.O.P. operative who has worked for Carly Fiorina and Ted Cruz, and most recently served as a spokeswoman for Jeff Sessions in the Justice Department (a position that reportedly involved a loyalty pledge to Donald Trump), caused an immediate and fairly predictable media firestorm. Unlike Corey Lewandowski, who was hired to great consternation during the 2016 election cycle (and then terminated), Flores won’t simply be an ideological talking head—she’ll be playing a larger role in the editorial process. Despite a lack of journalism experience, she will be helping to coordinate CNN’s political coverage across platforms, as well as occasionally appearing on-air as a political analyst, which is the more customary role for former politicians and government officials. Within the media world, she is seen as a controversial and unorthodox appointment. Moreover, Isgur apparently has a history of lambasting the mainstream media on Twitter, including CNN, which she once termed the “Clinton News Network.”

Sarah Isgur Flores

All of this has led to a fair amount of bafflement as to why CNN would hire her in a senior editorial role reporting to political director David Chalian.“Why CNN made this move to begin with is the deeper and more troubling question,” Margaret Sullivan wrote Wednesday in The Washington Post.

As far as how the talks came about in the first place, it appears that Isgur, as she was preparing to exit the D.O.J., wasn’t only shopping around for a media gig at CNN. Cable-news sources told me that she also passed through 30 Rock to discuss a potential role at MSNBC, where she met with top newsroom management in recent months. “She had a detailed idea of what she wanted to do,” someone with knowledge of the discussions told me. “She wanted to do something on-air combined with some sort of quasi-management, behind-the-scenes planning kind of work. I think she looked at Dave Chalian and said, I wanna do that.” A second source with direct knowledge of the talks said that such a role “was never under consideration.” This person added, “She was pitching her intimate knowledge of the Mueller probe as a selling point.”

Read the rest at Vanity Fair.

Here’s some speculation from Emptywheel: The Significance of the Rod Rosenstein/William Barr Window.

This is happening in the window of time when Rod Rosenstein is still around and — because William Barr has presumably not been through an ethics review on the investigation — presumably back in charge of sole day-to-day supervision of the investigation. But it is happening after Barr has been confirmed, and so any problems with the investigation that might stem from having an inferior officer (an unconfirmed hack like the Big Dick Toilet Salesman) supervising Mueller are gone.

I’m fairly certain the concerns about Barr coming in and forcing Mueller to finish this are misplaced. I say that, in part, because Mueller seemed to be preparing for this timing. I say it, too, because Barr is too close to Mueller to do that to him.

That says that Mueller is choosing this timing (and choosing not to wait for the appeals to be done). Whatever reason dictates this timing, by doing it in this window, Mueller can ensure the legitimacy of what happens, both legally (because Barr will be in place) and politically (because it will be clear Rosenstein presided over it).

I still don’t get it. It looks to me like we are going to have to count on the Democrats in the House to continue the investigation. Meanwhile Andrew McCabe is just beginning his book tour and he clearly thinks that Trump is a Russian asset.

This afternoon, Roger Stone will learn whether he is going to jail for threatening the judge in his case or if he at least will have to pay some bail instead of continuing to be free on his own recognizance. It’s also still possible there could be indictments tomorrow. And Mueller could file a detailed “report” in the sentencing memo for Paul Manafort on Friday. It’s also possible that Mueller isn’t really wrapping up. We’ll have to wait and see.

Two More Reads on Mueller’s Supposed End

Neal Kaytal at The New York times: The Mueller Report Is Coming. Here’s What to Expect.

The special counsel Robert Mueller will apparently soon turn in a report to the new attorney general, William Barr. Sure, there is still a lot of activity, including subpoenas, flying around, but that shouldn’t stop Mr. Mueller.

The report is unlikely to be a dictionary-thick tome, which will disappoint some observers. But such brevity is not necessarily good news for the president. In fact, quite the opposite.

For months, the president’s lawyers have tried to discredit Mr. Mueller and this report, but their efforts may have backfired. A concise Mueller report might act as a “road map” to investigation for the Democratic House of Representatives — and it might also lead to further criminal investigation by other prosecutors. A short Mueller report would mark the end of the beginning, not the beginning of the end.

The report is unlikely to be lengthy by design: The special counsel regulations, which I had the privilege of drafting in 1999, envision a report that is concise, “a summary” of what he found. And Mr. Mueller’s mandate is limited: to look into criminal activity and counterintelligence matters surrounding Russia and the 2016 election, as well as any obstruction of justice relating to those investigations.

The regulations require the attorney general to give Congress a report, too. The regulations speak of the need for public confidence in the administration of justice and even have a provision for public release of the attorney general’s report. In a world where Mr. Mueller was the only investigator, the pressure for a comprehensive report to the public would be overwhelming.

This is where the “witch hunt” attacks on Mr. Mueller may have backfired. For 19 months, Mr. Trump and his team have had one target to shoot at, and that target has had limited jurisdiction. But now the investigation resembles the architecture of the internet, with many different nodes, and some of those nodes possess potentially unlimited jurisdiction. Their powers and scope go well beyond Mr. Mueller’s circumscribed mandate; they go to Mr. Trump’s judgment and whether he lied to the American people. They also include law enforcement investigations having nothing to do with Russia, such as whether the president directed the commission of serious campaign finance crimes, as federal prosecutors in the Southern District of New York have already stated in filings. These are all critical matters, each with serious factual predicates already uncovered by prosecutors.

Read the rest at the NYT.

Garrett Graff at Wired: 7 Scenarios for how the Mueller Probe Might “Wrap Up.”

THE BREAKING NEWS hit a snowy Washington on Wednesday: Newly installed attorney general William Barrappears to be preparing to announce the end of special counsel Robert Mueller’s Russia investigation.

But what would “Mueller wrapping up” actually mean?

And does the rapid movement, soon after Barr was installed at the Justice Department, indicate that he shut down the Mueller probe prematurely? A recent New York Times article documenting Trump’s two-year-long campaign to obstruct and muddy the investigation exacerbated those fears, as did an ominous tweet by conservative commentator—and White House spouse—Matt Schlapp pronouncing that “Mueller will be gone soon.”

The tea leaves around Mueller in recent weeks seem especially hard to read—and they’re conflicting at best. CNN’s special counsel stakeout has spotted prosecutors working long hours, through snow days and holidays—just as they were in the days before Michael Cohen’s surprise guilty plea last fall for lying to Congress—yet there’s also been no apparent grand jury movement since Roger Stone’s indictment. So even as CNN’s stakeout spotted DC prosecutors entering Mueller’s offices—the type of people who Mueller might hand off cases to as he winds down—and the special counsel’s staff carting out boxes, there’s also recent evidence that Mueller still has a longer game in mind. The Roger Stone prosecution is just getting underway. Mueller is still litigating over a mystery foreign company. And he’s pushing forward trying to gain testimony from a Stone associate, Andrew Miller.

In fact, the list of loose threads at this point is, in some ways, longer than the list of what Mueller has done publicly. There’s conspiracy theorist Jerome Corsi’s aborted plea deal; would-be Middle East power broker George Nader’s lengthy cooperation with Mueller, which has resulted in no public charges; the mysterious Seychelles meeting between Blackwater mercenary founder Erik Prince and a Russian businessman; and then—of course—the big question of obstruction of justice. Add to that the host of recent witness testimony from the House Intelligence Committee that representative Adam Schiff has turned over to Mueller’s office, in which other witnesses, Schiff says, appear to have lied to Congress. And besides, there are a host of breadcrumbs that Mueller left in the more than 500 pages of his court filings that would all prove superfluous if further action didn’t lie ahead.

Head over to Wired to read the rest.

What do you think? Please share your thoughts and links on any topic in the comment thread below.

 

 

 


Thursday Reads: Happy Valentine’s Day

Les Pivoines 1907 par Henri Matisse

Happy Valentine’s Day, Sky Dancers!!

Andrew McCabe’s book The Threat: How the FBI Protects America in the Age of Terror and Trump will be released on Tuesday, and he will be interviewed on 60 Minutes on Sunday night. This might be one 60 Minutes I decide to watch.

McCabe was deputy director of the FBI under James Comey and he became acting director after Trump fired Comey. Trump attacked McCabe repeatedly, and eventually succeeded in driving him out of office. Attorney General Jeff Sessions fired McCabe one day before he could have retired with his full pension.

Today The Atlantic published an article adapted from McCabe’s book: Every Day Is a New Low in Trump’s White House.

On Wednesday, May 10, 2017, my first full day on the job as acting director of the FBI, I sat down with senior staff involved in the Russia case—the investigation into alleged ties between the Trump campaign and the Russian government. As the meeting began, my secretary relayed a message that the White House was calling. The president himself was on the line. I had spoken with him the night before, in the Oval Office, when he told me he had fired James Comey.

Bouquet on a Bamboo Table (1903) Henri Matisse

A call like this was highly unusual. Presidents do not, typically, call FBI directors. There should be no direct contact between the president and the director, except for national-security purposes. The reason is simple. Investigations and prosecutions need to be pursued without a hint of suspicion that someone who wields power has put a thumb on the scale.

The Russia team was in my office. I took the call on an unclassified line. That was another strange thing—the president was calling on a phone that was not secure. The voice on the other end said, It’s Don Trump calling. I said, Hello, Mr. President, how are you? Apart from my surprise that he was calling at all, I was surprised that he referred to himself as “Don.”

The president said, I’m good. You know—boy, it’s incredible, it’s such a great thing, people are really happy about the fact that the director’s gone, and it’s just remarkable what people are saying. Have you seen that? Are you seeing that, too?

He went on: I received hundreds of messages from FBI people—how happy they are that I fired him. There are people saying things on the media, have you seen that? What’s it like there in the building?

McCabe describes the reaction of FBI employees as one of shock and dismay. Trump then said he wanted to come to the FBI and “show all my FBI people how much I love them.” McCabe thought that was a terrible idea, but agreed to meet with Trump about it. Next, Trump:

Flowers and Fruit by Henri Matisse

…began to talk about how upset he was that Comey had flown home on his government plane from Los Angeles—Comey had been giving a speech there when he learned he was fired. The president wanted to know how that had happened.

I told him that bureau lawyers had assured me there was no legal issue with Comey coming home on the plane. I decided that he should do so. The existing threat assessment indicated he was still at risk, so he needed a protection detail. Since the members of the protection detail would all be coming home, it made sense to bring everybody back on the same plane they had used to fly out there. It was coming back anyway. The president flew off the handle: That’s not right! I don’t approve of that! That’s wrong! He reiterated his point five or seven times.

I said, I’m sorry that you disagree, sir. But it was my decision, and that’s how I decided. The president said, I want you to look into that! I thought to myself: What am I going to look into? I just told you I made that decision.

The ranting against Comey spiraled. I waited until he had talked himself out.

After that Trump taunted McCabe about his wife’s losing campaign for the Virginia Senate, asking McCabe, “How did she handle losing? Is it tough to lose?” and later saying “Yeah, that must’ve been really tough. To lose. To be a loser.”

I once had a boss who was a monstrous whack job like Trump. It was crazy-making. The entire department under this man functioned like an alcoholic family with an unpredictable, out-of-control father. You never knew what horrible thing would happen next. It was total chaos, as the White House seems to be. I’m glad McCabe is telling the truth about what he experienced.

Two more articles based on the McCabe book:

CBS News 60 Minutes: McCabe Says He Ordered the Obstruction of Justice Probe of President Trump.

The New York Times: McCabe Says Justice Officials Discussed Recruiting Cabinet Members to Push Trump Out of Office.

Bouquet of Flowers in a White Vase, 1909, by Henri Matisse

I expect Trump will be ranting about McCabe on Twitter and in the Oval Office, but he can’t do anything to shut McCabe up anymore.

Soon we’ll have a new U.S. Attorney General, William Barr, and already the corruption surrounding him has a very bad odor. CNN reports that Barr’s daughter and son-in-law are leaving the Justice Department for new jobs at FinCEN and the White House Counsel’s office respectively.

Mary Daly, Barr’s oldest daughter and the director of Opioid Enforcement and Prevention Efforts in the deputy attorney general’s office, is leaving for a position at the Financial Crimes Enforcement Network (FinCEN), the Treasury Department’s financial crimes unit, a Justice official said.

Tyler McGaughey, the husband of Barr’s youngest daughter, has been detailed from the powerful US attorney’s office in Alexandria, Virginia, to the White House counsel’s office, two officials said.

It’s not clear if McGaughey’s switch is a result of Barr’s pending new role, and the kind of work he’ll be handling at the White House is not public knowledge.
Daly’s husband will remain in his position in the Justice Department’s National Security Division for now.

Henri Matisse: Les Anemones

The moves were by choice and are not required under federal nepotism laws, but Walter Shaub, the former director of the Office of Government Ethics, called them “a good idea” to “avoid the bad optics that could come from the appearance of them working for him.”
However, Shaub added that McGaughey’s detail to the White House counsel’s office was “concerning.”

“That’s troubling because it raises further questions about Barr’s independence,” Shaub said.

Read more at the CNN link.

If you listened to Rachel Maddow’s podcast about Spiro Agnew (or even if you didn’t) you should read this op-ed at The Washington Post by three attorneys who were involved in that corruption case: We should demand high standards from William Barr. Spiro Agnew’s case shows why, by Barnet D. Skolnik, Russell T. Baker Jr., and Ronald S. Liebman.

In the winter of 1973, 46 years ago, the three of us were assistant U.S. attorneys in Baltimore starting a federal grand jury investigation of a corrupt Democratic county chief executive in Maryland. That investigation ultimately led to the prosecution of his corrupt Republican predecessor — the man who went on to become the state’s governor and then President Richard M. Nixon’s vice president, Spiro T. Agnew.

On Oct. 10, 1973, Agnew entered a plea to a criminal tax felony for failure to report the hundreds of thousands of dollars he’d received in bribes and kickbacks as county executive, governor and even vice president. All paid in cash, $100 bills delivered in white envelopes.

And he resigned.

Henri Matisse. Vase of Irises. 1912

From the beginning of our investigation, months before we had seen any indication that he had taken kickbacks, Agnew, along with top White House and administration officials and even Nixon himself, repeatedly tried to impede, obstruct and terminate the investigation in nefarious ways. Some of those efforts were unknown to us then and have come to light only now thanks to MSNBC’s Rachel Maddow and her “Bagman” podcast.

When newspapers began to report that he was under criminal investigation in the summer of 1973, Agnew aroused his base by screaming “witch hunt” and launching a vicious assault on the “lying” press, the “partisan” Justice Department, and the “biased” and “liberal Democrat” prosecutors in Baltimore.

If Agnew and Nixon had succeeded in derailing our investigation, the most corrupt man ever to sit a heartbeat away might have become the president of our country when Nixon was forced to resign less than a year later. But our investigation was protected — first, by our staunch and courageous boss, the late George Beall, the U.S. attorney for Maryland and a prominent Maryland Republican, and second, by the man who had become the new U.S. attorney general that spring, Elliot L. Richardson.

The authors then go on to explain why Barr should not be confirmed unless he commits to releasing Robert Mueller’s findings to the public. Read the whole thing at the WaPo.

There is so much more news! Here are some links to check out:

Flowers by Henri Matisse

Just Security: Who is Richard Burr, Really? Why the public can’t trust his voice in the Russia probe. (This is an incredibly important story. Corruption is all around us.)

NBC News: ‘Whistleblower’ seeks protection after sounding alarm over White House security clearances.

Politico: Judge rules Manafort lied to Mueller about contacts with Russian.

The New York Times: House Votes to Halt Aid for Saudi Arabia’s War in Yemen.

Gulf News: Trump backer Tom Barrack defends Saudi Arabia.

The Washington Post: Trump confidant Thomas Barrack apologizes for saying U.S. has committed ‘equal or worse’ atrocities to killing of Saudi journalist Jamal Khashoggi.

The New York Times: Maria Ressa, Philippine Journalist Critical of Rodrigo Duterte, Is Released After Arrest.

HuffPost: I Wish I’d Had A ‘Late-Term Abortion’ Instead Of Having My Daughter. (Trigger warning for rape description)

Vice: Being Raised by Two Narcissists Taught Me How to Deal with Trump.

The New York Times: Ryan Adams Dangled Success. Women Say They Paid a Price.

Contemptor: Fox News Rejects Commercial for Documentary that Says Nazis are Bad.

So . . . what stories have you been following?