See, here’s the genius part. In order to decide that Manafort lied, the judge will have to make “findings of fact.” These are binding against anyone who’s in privity with Manafort. As manager of Trump’s campaign, Trump and Manafort are contractually in privity.
The judge, not a jury, will make these findings. So they will be spelled out on the open public record, not hidden in the jury’s black box where they can’t be used. And you can be sure Mueller wouldn’t ask for such a hearing unless he had rock-solid evidence on each Manafort lie.
“But,” you cry. “Can’t Trump just deny everything? He lies all the time!”
Ha.
Ah ha ha.
Oh ho ho hee hee.
Sure, but that would
WAIVE
EXECUTIVE
PRIVILEGE.
Damn, I love ninja lawyers.
Ha.
Ah ha ha.
Oh ho ho hee hee.
Sure, but that would
WAIVE
EXECUTIVE
PRIVILEGE.
Damn, I love ninja lawyers.
Executive privilege can only be used as a shield, not a sword. You can’t poke your head out from behind the privilege, deny that a bunch of stuff happened, then pop back behind it when subpoenaed for all the testimony and evidence and cross-examination that proves you wrong.
So basically, if the judge grants this sentencing hearing under the parameters requested, Trump has little choice but to sit on his hands while the whole case against him is tried in his absence. If he speaks up, he loses any defense to broad document and testimony subpoenas.
How do I know it’s the whole case against Trump that Manafort lied about? Well. WTF else would he lie about?
