Trump is in the middle of a Twitter tantrum, attacking Mueller, GM, asylum seekers, and retweeting "lock 'em up" memes (including Mueller and Rosenstein).
I think Trump is getting nervous.
I think Congress should pass the Mueller protection bill.
Let's review obstruction... 1/
I think Trump is getting nervous.
I think Congress should pass the Mueller protection bill.
Let's review obstruction... 1/
2/ We found out over the summer that Trump's lawyers had essentially admitted the Trump engaged in witness tampering in the summer of 2017, persuading Junior to lie about the Trump Tower meeting in June 2016.
Felony witness tampering under 18 USC 1512. slate.com/news-and-polit…
Felony witness tampering under 18 USC 1512. slate.com/news-and-polit…
3/ If Trump knew about the Trump Tower meeting in June 2016, he would be facing criminal conspiracy to defraud U.S., 18 USC 371.
Mueller may already have that answer, and Trump may now know that Mueller has that answer, too. h/t @RDEliason.
slate.com/news-and-polit…
Mueller may already have that answer, and Trump may now know that Mueller has that answer, too. h/t @RDEliason.
slate.com/news-and-polit…
4/ I've written before how Trump firing Comey and admitting it was because of the Russia investigation constitutes obstruction of justice. I also noted in this blogpost a year ago that his lawyer Dowd became implicated in malpractice (at best): shugerblog.com/2017/12/04/yes…
5/ So now let's talk about Trump's lawyers, in light of yesterday's news that Manafort's lawyers were talking secretly with Trump's lawyers after Manafort was "cooperating" with Mueller. Were they coordinating lies? Dangling pardons?
Let's recall Dowd...
Let's recall Dowd...
6/ Last May, @nytimes and @washingtonpost reported that Dowd may have dangled pardons to Manafort and Flynn, perhaps in exchange for silence. I agree w/ other experts that this may have been felony bribery conspiracy and obstruction. @BarbMcQuade here: thedailybeast.com/donald-trump-a…
7/ And I agree with @alexgwhiting here in @just_security that Trump and Dowd dangling a pardon, in itself, can constitute obstruction of justice: justsecurity.org/54356/dangling…
8/ And I agree with @RDEliason that dangling pardons in return for silence, lying, and/or felony false statements is bribery, a quid pro quo for an official act.
Are Trump's lawyers, from Dowd to the present, engaged in criminal conspiracy?
washingtonpost.com/opinions/why-r…
Are Trump's lawyers, from Dowd to the present, engaged in criminal conspiracy?
washingtonpost.com/opinions/why-r…
9/ Let's be clear: Dowd and the lawyers implicated in the Manafort story yesterday are Trump's *personal* lawyers, not the White House Counsel, the office that handles pardons. There is no good reason whatsoever for Dowd or Trump's other lawyers to have uttered the word "pardon."
10/ If Dowd or other lawyers mentioned the word "pardon" and tacitly encouraged Manafort (or Flynn or others) to lie or helped coordinate lies, there is a case against these lawyers for criminal conspiracy: bribery and obstruction of justice, 18 USC 1512.
11/ There is no attorney-client privilege for conspiracies to commit crimes.
Based on the public record, if Trump pardons Manafort or any co-conspirator, there is sufficient grounds to subpoena Dowd and Trump's lawyers and ask about a bribery/obstruction conspiracy under oath.
Based on the public record, if Trump pardons Manafort or any co-conspirator, there is sufficient grounds to subpoena Dowd and Trump's lawyers and ask about a bribery/obstruction conspiracy under oath.
12/ The House Judiciary could subpoena Trump's lawyers. Mueller could subpoena them and put them before a grand jury. If I were one of those lawyers, I would be very nervous that Manafort, suddenly cooperating fully, has written contemporaneous notes of pardon-as-bribe offers...
13/ And if I were Dowd or one of Trump's lawyers, I think I would've woken up this morning desperately worried about Trump actually pardoning anyone, about personally getting a subpoena, an indictment, and a conviction for conspiracy to bribe and obstruct justice...
14/ And if I were one of Trump's lawyers today, I would be looking at these options:
A) Doing everything in my power to stop an obstructive/bribery pardon for fear of my own criminal liability.
B) Resigning,
C) Cooperating with Mueller and the House if there was a conspiracy...
A) Doing everything in my power to stop an obstructive/bribery pardon for fear of my own criminal liability.
B) Resigning,
C) Cooperating with Mueller and the House if there was a conspiracy...
15/ Finally, if I were Matthew Whitaker today (thank God I'm not), I would also wake up more nervous about being implicated in obstruction myself.
If chances are increasing that Trump's lawyers may face criminal jeopardy, I wouldn't want to do anything to implicate myself./FIN
If chances are increasing that Trump's lawyers may face criminal jeopardy, I wouldn't want to do anything to implicate myself./FIN
16/ (Because nothing is ever final in this conspiratorial death spiral...)
A Watergate reminder:
A Watergate reminder:
