Category Archives: legal news

It keeps getting deeper and darker for POTUS

The hits just keep on piling up on Donald John Trump.

The latest batch of them involves more media reporting that the president asked intelligence officials to push back on the FBI investigation into that “Russia thing.” Director of National Intelligence Dan Coats and National Security Agency Director Adm. Mike Rogers said, um, “No can do.”

The FBI is looking into allegations that the Trump presidential campaign colluded with Russians who were hacking into our electoral system, seeking to influence the 2016 presidential election outcome — in Trump’s favor!

Trump keeps denying any collusion. Yet these reports keep piling up suggesting something quite different.

The Washington Post has reported this latest live grenade to blow up in the president’s face as he travels through the Middle East and Europe on his first overseas venture as leader of the free world.

A special counsel, Robert Mueller, already is on the job. Senate and House intelligence committees are at work as well in the hunt for the truth.

And, yes, so are the media — the scorned “enemy of the American people” and purveyors of “fake news.”

I am not going to predict with — as the late PBS talking head John McLaughlin would say — any “metaphysical certitude” that the president is heading straight for impeachment. But certain elements of the progression of events keep suggesting something such as that might occur.

Michael Flynn is going to invoke his Fifth Amendment privilege against self-incrimination as the FBI looks into the former national security adviser’s Russia involvement; former FBI director James Comey is going to talk publicly with congressional committees about memos he wrote chronicling some alleged attempts by Trump to obstruct justice; and Mueller is going to talk to a current senior White House aide who has been deemed a “person of interest” in this ongoing investigation.

Just think: Donald Trump’s time in the only political office he ever sought is just beginning.

Invoking the Fifth usually doesn’t imply innocence

What in the world are we to make of this bit of news, that former national security adviser Michael Flynn will reject a U.S. Senate committee subpoena and invoke his Fifth Amendment rights protecting him against self-incrimination?

Let me think. My takeaway is that Gen. Flynn doesn’t want the world to know certain things about, um, certain foreign governments.

Flynn’s role in the still-burgeoning controversy surrounding Donald J. Trump’s presidential campaign and its potential relationship with the Russian government has taken another, apparently far more serious, turn.

http://www.msn.com/en-us/news/politics/ap-source-says-flynn-will-invoke-fifth-amendment/ar-BBBowHX?li=BBnb7Kz

The Associated Press is reporting that Flynn won’t appear before the Senate Intelligence Committee and that he’ll clam up under his constitutional protection.

If someone were to ask me, I’d say that he doesn’t want to say something that’s going to get him tossed into prison. What might that be?

Hmm. It might be that he did do something potentially illegal when he went to work for Turkey’s government, drawing a substantial stipend for the Turks as a lobbyist while also serving as the president’s national security adviser.

Gen. Flynn, who also served on Trump’s transition team, also might have said something to say about Russian officials who had worked to undermine the 2016 presidential election. There well might be some collusion between the Trump team and the Russians to be revealed … yes? Well, maybe.

Flynn also reportedly sought immunity from prosecution in exchange for testimony after the president fired him as national security adviser.

I’m smelling something terribly foul. Do you smell it, too?

Comey set to return to center stage

I understand James Comey is a good lawyer.

He knows the consequences of committing perjury. He understands that when he takes an oath he is bound to tell the whole truth.

The former FBI director, whom Donald J. Trump fired just the other day, is heading to Capitol Hill in a few days to talk to the Senate Intelligence Committee.

Reports now are surfacing that Comey is going to tell senators that the president sought to meddle in an investigation Comey was leading. Trump is the focus of the investigation, which now has been taken over by special counsel Robert Mueller. Comey said the FBI was examining whether the Trump campaign colluded with Russians seeking to influence the 2016 presidential election.

Trump denies collusion. He has told TV networks and other media that he fired Comey because of the “Russia thing” and Comey’s investigation into the actions of former national security adviser Michael Flynn. He also reportedly blabbed as much to Russian dignitaries who were visiting him in the Oval Office; the Russians have denied that Trump said discussed Comey.

Hmmm.

Comey on the stand

Now we’ll get to hear from the former FBI director himself. I’m quite certain that senators — particularly those on the Democratic side of the dais — are going to get right to the heart of the Big Question.

Did the president of the United States — in your opinion — obstruct justice by asking the FBI director to shut down his probe of Flynn and the campaign’s Russia connection?

Be sure you tell us the whole truth, Mr. Comey.

Does an ‘innocent man’ welcome or resist scrutiny?

The thought keeps popping into my noggin: If Donald John Trump is innocent of what is being alleged against him, why is he resisting so fiercely the effort to find out the truth about those allegations?

The president is now under investigation by a special counsel, Robert Mueller, over questions surrounding whether his campaign had any improper contact with Russian government officials. Mueller also is looking at whether Trump asked former FBI Director James Comey to pull the plug on an investigation into former national security adviser Michael Flynn’s relationship with foreign governments.

His reaction? He went quiet for about two days. Then he returned to Twitter to accuse his enemies of conducting a “witch hunt”; he opposed the appointment of a special counsel by the Justice Department; he told Coast Guard Academy graduates that he is the most persecuted politician in history.

He keeps insisting the Russian government didn’t seek to influence the 2016 election, despite what multiple U.S. intelligence agencies have said to the contrary. He also insists that “there was no collusion” between his campaign and Russian hackers.

POTUS keeps blabbing about Russia

I’m just wondering whether someone who’s clean would feel the need to fight back so strongly. Why wouldn’t the president welcome the probe, endorse Mueller’s credentials as a pro, then let the man reach a conclusion that verifies what the president has been saying?

Trump’s overheated reaction just doesn’t sound to me like something that an innocent man would do. Maybe it’s just me. I don’t think I’m alone in wondering about the conduct of a politician who keeps insisting he did nothing wrong.

Liar’s contest is developing

Donald John Trump has denied asking James Comey to pull the plug on an FBI investigation of former national security adviser Michael Flynn.

That’s one side of it.

The other side comes from the Washington Post and the New York Times, which have reported that the president did ask the former FBI director to do precisely that very thing.

We haven’t heard from Comey — yet!

Who are you going to believe? Two major newspapers’ reporters who stake their reputations on getting the story right? Or do you believe Donald Trump, a man known to prevaricate, fabricate and dish out lies whenever it suits his purpose?

Let me think. OK. I’ve thought about it.

I’m going to go with the reporters as well as those who know Comey well enough to confirm that he likely did keep a meticulous written record of his meetings with the president of the United States.

We have a liar’s contest developing. Who, then, will “win” this match? If the winner happens to be Comey — and it turns out that Trump did do what’s been reported — I would say it’s lights out for the Trump administration.

Turn the special counsel loose

If history is any guide, a special counsel investigation aimed at rooting out issues relating to the president of the United States and his alleged ties to Russia well could develop a life of its own.

Robert Mueller has been given the task of finding out whether Donald John Trump’s presidential campaign was complicit in Russian government efforts to swing the 2016 presidential election. He’s also going to examine possible links between a former national security adviser, Michael Flynn, to the Russians. Moreover, he has latitude to look into whether the president obstructed justice by “asking” former FBI Director James Comey to shut down a probe of Flynn’s ties to Russia.

Could there be even more to learn, beyond the official tasks given to Mueller — himself a former FBI director?

Mueller’s the man

We have some historical precedent to ponder.

Kenneth Starr once held the title of “independent prosecutor.” His duty in the 1990s was to look at a real estate venture involving President Bill Clinton and his wife, Hillary Rodham Clinton. Republican critics in Congress thought there were some shady circumstances that needed to be examined. Starr began poking around and discovered some evidence of a relationship between President Clinton and a young 20-something White House intern.

A federal grand jury summoned the president to testify. The president took an oath to tell the whole truth to the grand jury — and then he lied about his relationship.

Ah-hah! GOP House members then cobbled together an impeachment proceeding that charged the president with perjury and obstruction of justice. The House impeached the president. The Senate held its trial and he was acquitted.

Will history repeat itself? I have no clue. My guess is that special counsel Mueller doesn’t yet know where his probe will lead.

These matters do have a way of growing legs. The statute gives Mueller considerable leeway in his pursuit of the truth. The president cannot fire him; he can, though, order the Justice Department to do so. Let’s hope that Donald Trump resists that impulse. I know that’s a tall order, given the self-proclaimed joy he gets when he fires people.

But the Justice Department’s deputy attorney general, Rod Rosenstein, has picked a serious legal heavyweight to do some seriously heavy lifting.

It’s time now for Robert Mueller to get busy. Rapidly.

Take it away, Robert Mueller

I have just caught my breath.

Deputy U.S. Attorney General Rod Rosenstein has given the cause of truth and justice — and perhaps even the American way — a major boost. He has named former FBI director Robert Mueller as the special counsel to examine the “Russia thing” and “related matters.”

What do we make of this?

I’ll take a stab at a couple of points.

One is that Mueller served as FBI director under Presidents George W. Bush and Barack Obama. James Comey replaced him as FBI boss. Mueller and Comey reportedly are professionally close and have worked together well over many years.

Comey is out of his job at FBI, having been fired by Donald J. Trump because he was spending too much time on the “Russia thing.”

And, yes, we have reports of a memo that Comey wrote after the president reportedly asked him to shut down the FBI probe of former national security adviser Michael Flynn’s Russia ties.

OK. So now Mueller will probe deeply into what, if any, relationship the Trump presidential campaign had with Russian government officials and the Russians’ effort to influence the outcome of the 2016 presidential election. Mueller will be free of any direct link with the Trump administration and with Congress. He will be “independent” and will be charged with seeking the truth behind the myriad allegations that have bedeviled the president and his team.

Rosenstein faced great pressure to appoint the special counsel. Attorney General Jeff Sessions has recused himself from all matters relating to Russia; the Trump administration opposed the appointment of a special counsel. It fell to Rosenstein to make the call.

Mueller is known as a tough-minded lawyer.

Hey, this story is accelerating way past the posted speed limit. I’ve got to take my foot off the gas pedal for a moment or two.

I’ll just applaud the deputy AG for making this call. I also plan to breathe deeply and get ready for the next round of blockbuster news.

Timing well could spell doom for Trump

James Comey apparently prefers to write memoranda to record important events.

When the then-FBI director met with Donald J. Trump in the White House — and when the president allegedly “asked” Comey to shut down an investigation — Comey wrote it down.

This occurred in February. The Trump administration was just a few days old. Comey was looking into the activities involving the just-fired national security adviser, Michael Flynn.

Fast-forward to this past week. Trump fired Comey from his job as FBI director.

So, is there a connection? Is there linkage between the president’s so-called “request” for Comey to end the Flynn probe and Comey’s dismissal? Are the events tied together?

It looks that way to me. Does it to you? You don’t have to answer.

This is where this latest blockbuster revelation gets its legs. This is how a conversation threatens to swallow the president of the United States.

There are many more dots to connect. What about the former acting attorney general, Sally Yates, who Trump also fired? She warned the president that Flynn could be blackmailed because he had some sort of connection with Russian government officials. Then she’s out! Is there linkage to that dismissal as well to what we are learning today about what the president reportedly sought from the FBI boss?

At this point, absolutely nothing — not a single thing — is going to surprise me as this story continues to evolve.

I will not predict the president is going to pay a hefty political price. As I’ve mentioned before, I’m out of the predicting business.

This story, however, ain’t lookin’ good for the president.

‘Less than ideal,’ Sen. Rubio?

“Certainly it’s less than ideal, but it is what it is.”

Those words of “wisdom” came from U.S. Sen. Marco Rubio, the Florida Republican who once battled with Donald John Trump for his party’s presidential nomination.

He got involved in that juvenile and petulant verbal p****** match with the eventual GOP nominee and president.

So now that Trump has become entangled in what is looking more and more like a serious constitutional crisis, his former foe says “it is what it is”? That’s it?

Young man, it’s a lot worse than that!

What we have on our hands, Sen. Rubio, is a situation in which the president of the United States of America reportedly has asked the then-FBI director to back off an investigation of a former national security adviser.

Rubio is too young to remember an earlier constitutional crisis, but Richard Nixon did something quite similar regarding a break-in at the Watergate office and hotel complex. He had it on tape. The Senate got its hands on that tape and, well, that was all she wrote for President Nixon.

I am not about to predict a similar outcome for the current president, but as of this evening, it doesn’t look good.

Does this president have an inherent hatred for his enemies? Or is he just clueless about the consequences of his actions? I am going to give Trump the benefit of the doubt and presume that he just doesn’t know what the hell he’s doing as president of the United States.

Whatever the context or the circumstance, the Senate and the House of Representatives will need to hear from James Comey personally and will need to know precisely what he gleaned from the president’s “request” for him to drop the FBI probe of Michael Flynn.

Merrick Garland at FBI? Holy cow, man!

What in the name of political contrition might be happening in Washington, D.C.?

U.S. Senate Majority Leader Mitch “The Obstructionist” McConnell has just endorsed someone for FBI director that he fought tooth and nail to keep off the U.S. Supreme Court.

That would be U.S. District Judge Merrick Garland, whom then-President Barack Obama nominated for the high court in 2016, only to be rebuffed when McConnell refused to let Garland have so much as a hearing before the Senate Judiciary Committee.

The FBI has a vacancy at the top, thanks to Donald John Trump’s firing of Director James Comey. Now we hear that Garland might be considered for the job. And with McConnell’s blessing to boot!

Is McConnell trying to make nice with someone he stiffed?

According to The Hill: “I think if he picks someone with a deep background in law enforcement, who has no history of political involvement, a genuine expert — and the reason I mention Garland is he’s an example of that — it will serve him well, serve the country well and lead to a more bipartisan approach,” McConnell said.

Sounds like a good choice for the Supreme Court, too, don’t you think?

Whatever. The notion that Merrick Garland would be considered for the FBI director’s job is nearly as shocking as Comey’s firing by Trump. Still, as McConnell noted, Garland does have prosecutorial experience, given that he led the federal government’s case against the late Timothy McVeigh, the monster who blew up the Murrah Federal Courthouse in Oklahoma City in April 1995.

Do I think Garland would be a good pick to lead the FBI? I understand that he happens to be a straight arrow, a Boy Scout, a guy with an impeccable judicial reputation. It seems to me those traits would serve him well as head of the nation’s top federal law enforcement agency.

I am just wondering, though: Does he want the job?

If he does, and the president nominates him, then I believe hell will have frozen over and that the sun will rise the next day above the western horizon.