Category Archives: Department of Justice

Gingrich on Mueller: ‘superb choice’ as special counsel’; now says GOP must focus on ‘closing down’ investigation

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What was the real reason for Jeff Sessions repeatedly meeting Sergey Kislyak?

Julia Ioffe writes: It can be hard to get a straight answer out of Attorney General Jeff Sessions.

When Senator Al Franken asked then-Senator Sessions at his Senate confirmation hearing on January 10 whether he “communicated with the Russian government,” he said, “I’m not aware of any of those activities.” Unprompted, Sessions then went further, saying, “I have been called a surrogate at a time or two in that campaign and I didn’t have—did not have communications with the Russians, and I’m unable to comment on it.” Then less than two months later, on March 1, The Washington Post reported that Sessions had, in fact, met with Russian Ambassador Sergey Kislyak—not once, but twice.

It was a serious omission, especially for the nation’s top law-enforcement officer, and one who is a vocal advocate for law and order. Scrambling to contain the damage, Sessions issued a statement that attempted to draw a very subtle distinction. Calling the report “false,” he said that he had “never met with any Russian officials to discuss issues of the campaign.” His spokeswoman, Sarah Isgur Flores, spelled it out even more clearly: “He was asked during the hearing about communications between Russia and the Trump campaign—not about meetings he took as a senator and a member of the Armed Services Committee,” she said. (In fact, Franken had made no such qualification) And a White House official insisted that Sessions had “met with the ambassador in an official capacity as a member of the Senate Armed Services Committee,” not a campaign surrogate. [Continue reading…]

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Secret Service has no audio or transcripts of any tapes made in Trump White House

The Wall Street Journal reports: The U.S. Secret Service has no audio copies or transcripts of any tapes recorded within President Donald Trump’s White House, the agency said on Monday.

The agency’s response to a freedom of information request submitted by The Wall Street Journal doesn’t exclude the possibility that recordings could have been created by another entity.

The Secret Service handled recording systems within the White House for past presidents, including Richard Nixon and John F. Kennedy.

The question of a White House recording system has lingered for more than a month since Mr. Trump first raised the possibility in a provocative tweet about former FBI Director James Comey.

In recent days, the two men have offered differing accounts of whether Mr. Trump asked Mr. Comey in private conversations within the White House complex to ease off the FBI’s probe of former national security adviser Mike Flynn.

On Friday, Mr. Trump kept the tapes mystery alive, telling reporters in the White House Rose Garden, “I’ll tell you about that maybe sometime in the very near future.” He added, “Oh, you’re going to be very disappointed when you hear the answer, don’t worry.” [Continue reading…]

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Forget Comey. The real story is Russia’s war on America

Molly K. McKew writes: Russian state media — eagerly throwing peanuts into the three-ring circus in the days before by endlessly looping Kremlin leader Vladimir Putin’s mockery of America’s “hysteria” on all things Russia, and on the day after by running headlines of American “collusion” with ISIS — was dead silent on both of this week’s Senate hearings, during both of which intelligence leaders offered bleak and candid assessments of the cascading Russian threat against America.

And this is perhaps the banner flying over the investigations circus: Missing from the investigation of the supposed Russia scandal is any real discussion of Russia.

The starkest aspect of Comey’s prepared statement was the president’s lack of curiosity about the long-running, deep-reaching, well-executed and terrifyingly effective Russian attack on American democracy. This was raised more than once in the hearing — that after Trump was briefed in January on the intelligence community’s report, which emphasized ongoing activity directed by the Kremlin against the United States, he has not subsequently evinced any interest in what can be done to protect us from another Russian assault. The president is interested in his own innocence, or the potential guilt of others around him — but not at all in the culpability of a foreign adversary, or what it meant. This is utterly astonishing.

Since the January intelligence report, the public’s understanding of the threat has not expanded. OK, Russia meddled in the election — but so what? Increasingly, responsibility for this is borne by the White House, which in seeking to minimize the political damage of “Trump/Russia” is failing to craft a response to the greatest threat the United States and its allies have ever faced.

Even if the president and his team were correct, and the Comey testimony definitively cleared the president of potential obstruction of justice or collusion charges — even if that were true, that does not also exonerate Russia. Nonetheless, this is a line the president seems to want drawn. [Continue reading…]

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There’s ‘absolutely evidence’ to begin obstruction of justice case on Trump, says former U.S. attorney Preet Bharara

 

ABC News reports: Former New York U.S. Attorney Preet Bharara said “there’s absolutely evidence to begin a case” for obstruction of justice against President Donald Trump.

The former U.S. attorney for the Southern District of New York was responding to a question from ABC News Chief Anchor George Stephanopoulos in an exclusive interview on “This Week” Sunday.

Stephanopoulos asked whether as a former prosecutor, Bharara believes there is enough evidence for a case claiming that Trump tried to obstruct the FBI investigation of the president’s former national security adviser, Michael Flynn.

“There is absolutely evidence to begin a case” for obstruction of justice by Trump, Bharara said in his first television interview since being fired by Trump in March. [Continue reading…]

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Trump’s unwillingness to uphold his oath to defend the United States

Asha Rangappa writes: Reactions to former FBI director James B. Comey’s testimony Thursday mostly seemed to follow predictable, partisan lines. To many Democrats, Comey appeared to be describing a clear case of obstruction of justice by President Trump. To Republicans who support the White House, Comey’s recounting of “leaking” his memos about conversations with Trump showed that he deserved to be fired.

But as a former FBI counterintelligence agent, what I saw as the most explosive aspect of the testimony didn’t involve any legal violation of the U.S. code or questions about whether Comey had broken established Department of Justice protocols. Instead, it was the prima facie evidence that Comey presented that Trump appears unwilling to uphold his oath “to preserve, protect, and defend” the country — which puts the security of our nation and its democracy at stake. In the nine times Trump met with or called Comey, it was always to discuss how the investigation into Russia’s election interference was affecting him personally, rather than the security of the country. He apparently cared little about understanding either the magnitude of the Russian intelligence threat, or how the FBI might be able to prevent another attack in future elections. [Continue reading…]

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Understanding exactly what Trump means

Deborah Tannen writes: At Thursday’s Senate hearing, Sen. James E. Risch (R-Idaho) sought former FBI director James B. Comey’s agreement that President Trump did not tell him to drop his investigation of fired national security adviser Michael Flynn: “He did not direct you to let it go.” Comey agreed, “Not in his words, no.” Risch pressed his point: “He did not order you to let it go?” Comey concurred: “Again, those words are not an order.” Yet later in the hearing, in response to Sen. Angus King (I-Maine) asking whether the president’s words were “a directive,” Comey said, “Yes.”

Was Comey contradicting himself? Based on decades of studying indirectness in conversation — and a lifetime of using language to communicate — I’d say no. Risch was talking about the message: the literal meaning of words spoken. King, and later Sen. Kamala D. Harris (D-Calif.), were referring to the metamessage: what it means to say those words in that way in that context. When people talk to each other, they glean meaning from metamessages. But messages come in handy when someone wants to deny a meaning that was obvious when the words were spoken.

The president’s “exact words,” according to Comey’s notes, were: “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.” Risch cried literal meaning. Zeroing in on the word “hope,” he asked Comey if he knew of anyone being charged with a criminal offense because “they hoped for an outcome.” Though he confessed that he didn’t, Comey said, “I took it as, this is what he wants me to do.” Risch rested his case: “You may have taken it as a direction but that’s not what he said.” Donald Trump Jr., the president’s son, later made the same point in a tweet: “Hoping and telling are two very different things.”

Actually, they aren’t, when the speaker is in a position of power, as Harris noted. Referring to her experience as a prosecutor, she said, “When a robber held a gun to somebody’s head and said, ‘I hope you will give me your wallet,’ the word ‘hope’ was not the most operative word at that moment.” The gun gives the robber power to encourage another to make his hope a reality.

Trump Jr. also tweeted, “Knowing my father for 39 years when he ‘orders or tells’ you to do something there is no ambiguity, you will know exactly what he means.” He’s right. Comey knew exactly what he meant. [Continue reading…]

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The scope of the Russian threat

The New York Times reports: Lost in the showdown between President Trump and James B. Comey that played out this past week was a chilling threat to the United States. Mr. Comey, the former director of the F.B.I., testified that the Russians had not only intervened in last year’s election, but would try to do it again.

“It’s not a Republican thing or Democratic thing — it really is an American thing,” Mr. Comey told the Senate Intelligence Committee. “They’re going to come for whatever party they choose to try and work on behalf of. And they’re not devoted to either, in my experience. They’re just about their own advantage. And they will be back.”

What started out as a counterintelligence investigation to guard the United States against a hostile foreign power has morphed into a political scandal about what Mr. Trump did, what he said and what he meant by it. Lawmakers have focused mainly on the gripping conflict between the president and the F.B.I. director he fired with cascading requests for documents, recordings and hearings.

But from the headquarters of the National Security Agency to state capitals that have discovered that the Russians were inside their voter-registration systems, the worry is that attention will be diverted from figuring out how Russia disrupted American democracy last year and how to prevent it from happening again. Russian hackers did not just breach Democratic email accounts; according to Mr. Comey, they orchestrated a “massive effort” targeting hundreds of — and possibly more than 1,000 — American government and private organizations since 2015.

“It’s important for us in the West to understand that we’re facing an adversary who wishes for his own reasons to do us harm,” said Daniel Fried, a career diplomat who oversaw sanctions imposed on Russia before retiring this year. “Whatever the domestic politics of this, Comey was spot-on right that Russia is coming after us, but not just the U.S., but the free world in general. And we need to take this seriously.” [Continue reading…]

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The implication of Comey’s testimony: Trump is a traitor

Starting at 6 min 38 sec, Christopher Dickey describes why the most important implication of James Comey’s testimony in the Senate is that Donald Trump is a traitor to the United States.

“What [Comey] didn’t say, explicitly, was that he thinks the president is a traitor, but that was implicit in what he was saying, because he said the president didn’t care that the United States was under attack.”

 

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Trump has no grasp on the extent of his ignorance

Fred Kaplan writes: After James Comey’s sworn Senate testimony Thursday, even stalwart Republicans are finding it harder to deny that Donald Trump has no business being president. But it’s not stopping them from defending him anyway or from bringing the nation closer to disaster.

House Speaker Paul Ryan tried to excuse the most incriminating portions of Comey’s statement—the highly detailed claims that Trump pressured him to swear loyalty, to drop the probe of Michael Flynn, and to tell the public that Trump himself was not under criminal investigation—by saying that the president is “just new to this.” In other words, Ryan was saying, Trump isn’t a crook; he’s just ignorant.

Leaving aside the civic bromide that ignorance is no excuse when it comes to breaking the law, Ryan is off the mark, at least in this case. Trump kicked several officials out of his office before twisting the FBI director’s arm. As Comey asked at his hearing, why would he do that if he didn’t know he was about to engage in improper behavior?

New Jersey Gov. (and former Trump transition-team chairman) Chris Christie came closer to honesty, dismissing the president’s exchanges with Comey as “normal New York conversation.” This might indeed be the perception of a man who once prosecuted white-collar criminals, including Jared Kushner’s father, in the New York metropolitan area. In other words, Christie was saying, Trump is just strutting like a slippery operator—not quite the exoneration that he may have intended.

So these are the GOP’s rationales for Trump’s behavior: He was only talking like a felon, he didn’t necessarily commit a crime; and if he did, it’s only because he didn’t know what he was doing. It’s hard to believe that even the likes of Ryan and Christie aren’t a little disturbed by this state of affairs—not only because of what might be uncovered next, but because of what they are facing and abetting right now. By the powers vested in his office, Trump has immense powers (among other things, he has the nuclear codes), and his defenders are tolerating his presence in this office, even while knowing the risks.

Yes, “He’s just new to this,” but that’s the problem, or part of the problem. In fact, all presidents are “new to this.” As most of them have confessed after their terms, no experience quite prepares one for the lonely pressures of the Oval Office. But Trump takes a novice’s limits to new levels. Not only did he enter the job with no knowledge of its nature (despite bragging that he alone could fix everything), he installed an equally clueless entourage. [Continue reading…]

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Justice Department argues Trump can accept payments from foreign governments

Bloomberg reports: George Washington did it, so Donald Trump can too.

That’s the Justice Department’s take on why the 45th president isn’t violating the U.S. Constitution by accepting payments for goods and services from foreign governments without congressional approval.

The foreign emoluments clause of the Constitution doesn’t apply to fair-market commercial transactions, such as hotel bills, golf club fees, licensing payments and office rent, the Justice department argued Friday in a filing. The government is asking a judge to throw out a lawsuit brought by a watchdog group that claims Trump’s business dealings violate the Constitution. [Continue reading…]

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There’s no indication Comey violated the law. Trump may be about to

Philip Bump writes: President Trump’s declaration that the Thursday testimony of former FBI director James B. Comey was a “total and complete vindication” despite “so many false statements and lies” was the sort of brashly triumphant and loosely-grounded-in-reality statement we’ve come to expect from the commander in chief. It was news that came out a bit later, news about plans to file a complaint against Comey for a revelation he made during that Senate Intelligence Committee hearing meeting, that may end up being more damaging to the president.

CNN first reported that Trump’s outside counsel, Marc Kasowitz, plans to file complaints with the inspector general of the Justice Department and the Senate Judiciary Committee about Comey’s testimony. At issue was Comey’s revelation that he provided a memo documenting a conversation with Trump to a friend to be shared with the New York Times.

As the news broke, I was on the phone with Stephen Kohn, partner at a law firm focused on whistleblower protection. We’d been talking about where the boundaries lay for Comey in what he could and couldn’t do with the information about his conversations with the president. Kohn’s response to the story about Kasowitz, though, was visceral.

“Here is my position on that: Frivolous grandstanding,” he said. “First of all, I don’t believe the inspector general would have jurisdiction over Comey any more, because he’s no longer a federal employee.” The inspector general’s job is to investigate wrongdoing by employees of the Justice Department, of which Comey is no longer, thanks to Trump.

“But, second,” he continued, “initiating an investigation because you don’t like somebody’s testimony could be considered obstruction. And in the whistleblower context, it’s both evidence of retaliation and, under some laws, could be an adverse retaliatory act itself.” [Continue reading…]

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Comey testimony raises new questions about Jeff Sessions and Russia

NPR reports: Former FBI director James Comey may have done more potential damage to Attorney General Jeff Sessions on Thursday than even President Trump, who Comey publicly accused of waving him off part of the Russia investigation.

Comey said he expected Sessions to recuse himself from the Russia investigation weeks before he did because of reasons that are classified. That does not comport with Sessions rationale when he announced his recusal in early March.

Sessions has been the subject of scrutiny over his failure to disclose meetings with Russian ambassador to the U.S. Sergey Kislyak during the 2016 campaign, which Sessions has defended as routine — part of his duties as a U.S. senator.

In his opening statement to the Senate Intelligence Committee, released on Wednesday, Comey detailed a private conversation with President Trump in the Oval Office shortly after National Security Advisor Michael Flynn was forced to resign, in which Comey recalls the president saying, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.”

This has raised questions as to why Comey didn’t tell others, including the attorney general. Comey said in his opening statement that his leadership team at the FBI agreed not to share this with Sessions for the following reason: “We concluded it made little sense to report it to Attorney General Sessions, who we expected would likely recuse himself from involvement in Russia-related investigations.”

Comey also pointed out that they were right – Sessions recused himself from the Russia investigation less than two weeks later.

The question is why Sessions recused himself. [Continue reading…]

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The five lines of defense against Comey — and why they failed

David Frum writes: Thursday was a bad, bad day for Team Trump. Things looked even worse at the end of the day than they did when the Senate Intelligence Committee adjourned midday.

The first line of defense—revealed by the president’s own team yesterday—is that Comey somehow vindicated Trump by confirming that he told Trump in January that Trump was not personally a target of an investigation. But if that assurance had been enough for the president, Trump would not have added the demand that Comey end the investigation of Michael Flynn. Trump evidently felt strongly motivated to protect Flynn—more strongly motivated than he had been to protect any of his other associates.

Line two of defense is that the president’s expression of a “hope” that Mike Flynn could be “let go” merely expressed a wish, not an order. But Adam Liptak, Supreme Court reporter for The New York Times, almost instantly produced an example of an obstruction of justice conviction that rested precisely on “I hope” language—and the all-seeing eye of Twitter quickly found more. Anyone who has ever seen a gangster movie has heard the joke, “Nice little dry cleaning store, I hope nothing happens to it.” The blunt fact is that after Comey declined to drop the investigation or publicly clear the president, Trump fired Comey. A hope enforced by dismissal is more than a wish. [Continue reading…]

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Comey lays out the case that Trump obstructed justice

The Washington Post reports: Former FBI director James B. Comey on Thursday essentially laid out an obstruction of justice case against President Trump and suggested senior leaders in the bureau might have actually contemplated the matter before Trump removed him as director.

Comey did not explicitly draw any legal conclusions. Whether justice was obstructed, he said, was a question for recently appointed special counsel Robert Mueller. But he said Trump’s request to terminate the FBI’s investigation into former national security adviser Michael Flynn left him “stunned,” and senior FBI officials considered it to be of “investigative interest.”

Of particular concern, Comey said, was that Trump asked other officials to leave him alone with his FBI director in the Oval Office before saying of Flynn: “He is a good guy. I hope you can let this go.”

“Why did he kick everybody out of the Oval Office?” Comey said. “That, to me as an investigator, is a very significant fact.” [Continue reading…]

The Daily Beast reports: Four current and former law enforcement officials believe prosecutors have been treating Trump and his associates like a criminal network, and subjecting them to an array of time-tested law enforcement tricks.

One of those tricks involves floating names of potential targets of the investigation, to try and get potential co-conspirators to turn on one another. Another, called “tickling the wire,” entails strategically leaking information to try and provoke targets under surveillance into saying something dumb, or even incriminating.

“You want people to freak out, to say, ‘are they talking about me? Is this me? What do they know?’—and you want them to do this in a way that is captured,” one former FBI official said about the Russia investigation.

“Now we wait for the cover up.” [Continue reading…]

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I helped prosecute Watergate. Comey’s statement is sufficient evidence for an obstruction of justice case

Philip Allen Lacovara, a former U.S. deputy solicitor general in the Justice Department who served as counsel to the Watergate special prosecutors, writes: In prepared testimony released on the eve of his appearance Thursday before the Senate Intelligence Committee, former FBI director James B. Comey placed President Trump in the gunsights of a federal criminal investigation, laying out evidence sufficient for a case of obstruction of justice.

Comey proved what Director of National Intelligence Daniel Coats and National Security Agency Director Michael S. Rogers carefully avoided admitting in their testimony on Wednesday — that the president had specifically attempted to shut off at least a major piece of what Trump calls the “Russia thing,” the investigation into the misleading statements by fired national security adviser Michael Flynn concerning his role in dealings with the Russians. This kind of presidential intervention in a pending criminal investigation has not been seen, to my knowledge, since the days of Richard Nixon and Watergate.

Comey’s statement meticulously detailed a series of interventions by Trump soliciting his assistance in getting the criminal probe dropped. These details are red meat for a prosecutor. Presumably, the team of experienced criminal prosecutors that special counsel Robert S. Mueller III has assembled will be following up on this crucial testimony, which rests on contemporaneous memorandums that Comey was sufficiently alarmed to prepare immediately after receiving the president’s requests. [Continue reading…]

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Comey’s testimony is the most shocking document about any president since the release of the Watergate tapes

Benjamin Wittes writes: James Comey’s seven-page written statement, released by the Senate Intelligence Committee this afternoon in connection with Comey’s impending testimony tomorrow, draws no conclusions, makes no allegations, and indeed, expresses no opinions. It recounts, in spare and simple prose, a set of facts to which Comey is prepared to testify under oath tomorrow. Despite this sparseness, or maybe I should say because of it, it is the most shocking single document compiled about the official conduct of the public duties of any President since the release of the Watergate tapes.

Let me begin by walking through the document and annotating it a bit with those reasonable inferences that Comey leaves implicit but which a member of Congress, or a member of the public, should certainly consider. That is, let me start by considering in a narrow-bore way what some of these facts mean. Having done so, I’ll zoom out and try to make sense of the big picture as Comey takes the stand tomorrow. Comey proceeds in his statement chronologically. I am going to treat matters more thematically—which will mean bouncing around a bit in the document. The following comments will make more sense if readers first take the time to read the statement in its entirety, something I think it incumbent on citizens and other stakeholders in this society to do. [Continue reading…]

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