Category: Unpresidential

Giuliani: Trump Could Have Shot Comey And Still Couldn’t Be Indicted For It

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Candidate Donald Trump bragged that he could shoot someone on New York’s Fifth Avenue and not lose any support, and now President Donald Trump’s lawyer says Trump could shoot the FBI director in the Oval Office and still not be prosecuted for it.

“In no case can he be subpoenaed or indicted,” Rudy Giuliani told HuffPost Sunday, claiming a president’s constitutional powers are that broad. “I don’t know how you can indict while he’s in office. No matter what it is.”

Giuliani said impeachment was the initial remedy for a president’s illegal behavior ― even in the extreme hypothetical case of Trump having shot former FBI Director James Comey to end the Russia investigation rather than just firing him.

“If he shot James Comey, he’d be impeached the next day,” Giuliani said. “Impeach him, and then you can do whatever you want to do to him.”

Norm Eisen, the White House ethics lawyer under President Barack Obama and now a senior fellow at the Brookings Institution, said the silliness of Giuliani’s claim illustrates how mistaken Trump’s lawyers are about presidential power.

“A president could not be prosecuted for murder? Really?” he said. “It is one of many absurd positions that follow from their argument. It is self-evidently wrong.”

Eisen and other legal scholars have concluded that the constitution offers no blanket protection for a president from criminal prosecution. “The foundation of America is that no person is above the law,” he said. “A president can under extreme circumstances be indicted, but we’re facing extreme circumstances.”

Giuliani’s comments came a day after The New York Times revealed that Trump’s lawyers in January made their case to special counsel Robert Mueller that Trump could not possibly have obstructed justice because he has the ability to shut down any investigation at any time.

“He could, if he wished, terminate the inquiry, or even exercise his power to pardon if he so desired,” Jay Sekulow and John Dowd wrote in a 20-page letter. Dowd has since left Trump’s legal team, replaced by Giuliani.

The letter also admits that Trump “dictated” a statement that was then released by his son, Donald Trump Jr., regarding a meeting held at Trump Tower in June 2016 between top Trump campaign officials and Russians with links to that country’s spy agencies.

That meeting was scheduled after the Russians said they had damaging information about Democratic presidential nominee Hillary Clinton that would be of use to the Trump campaign. The Trump-dictated statement falsely claimed the meeting was primarily about the adoption of Russian children by American families ― the same topic that Trump claimed had been the substance of a conversation he had had with Russian leader Vladimir Putin the previous evening in Germany.

The U.S. intelligence community concluded during the 2016 campaign that not only was Russia interfering in the U.S. election, but was actively trying to help Trump win.

Both Sekulow and White House press secretary Sarah Sanders claimed, falsely, that Trump had not dictated the statement, but had merely offered his son suggestions. Sanders on Sunday referred questions about the matter to Trump’s outside legal team.

Giuliani said Sekulow was misinformed about the Trump Tower meeting, which in any case was not that significant. “In this investigation, the crimes are really silly,” he said, arguing that the firing of Comey last year could not be construed as obstruction of justice because Trump had the right to fire him at any time and for any reason. “This is pure harassment, engineered by the Democrats.”

Comey had been leading the FBI probe into possible collusion between the Trump campaign and Russian intelligence until his dismissal, which led to the appointment of Mueller to take it over. Within two days of the firing, Trump told both NBC News and Russian officials visiting him in the Oval Office that he had done it because of the investigation.

Eisen said Giuliani’s assertion, taken to its logical conclusion, would mean that a mob boss under investigation by the FBI could give Trump a bribe to fire the FBI director, Trump could explain on television that he had done so “because of this Mafia thing,” and then not face criminal charges.

“Well, of course it would be appropriate to initiate a prosecution,” he said. “I think the legally correct answer is, as usual, the opposite of Giuliani’s answer.”

Giuliani, once the mayor of New York City and prior to that the U.S. attorney there, took charge of Trump’s outside legal team in April, saying then that he planned to wrap the whole thing up within a few weeks. Now he said he is not sure when it will end because Mueller is taking too long and not turning over material to Giuliani ― such as a report of what was learned from an FBI informant who made contact with several members of the Trump campaign with links to Russia.

Giuliani said he has so far met with Trump about 10 times and spoken to him on the phone another 40 or so times, totaling at least 75 hours of conversation. “I’m not billing by the hour, otherwise I could tell you exactly,” he joked about the case he has taken on for free.

Mueller’s investigation has so far resulted in the guilty pleas of five people, including three former Trump campaign staffers, and the indictment of 14 other people and three companies. That total includes 13 Russians, Trump’s former campaign chairman Paul Manafort, and the Internet Research Agency, a “troll farm” that was used to create and disseminate propaganda to help Trump win.

A related investigation by Giuliani’s former U.S. attorney’s office is examining the dealings of longtime Trump lawyer Michael Cohen. A former business partner has agreed to cooperate in that probe and plead to New York state charges.

[Huffington Post]

‘Stormtrooper tactics’: Trump compares his own Justice Dept. to Nazi assault troops

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President Donald Trump on Sunday suggested that special counsel Robert Mueller’s investigation team was similar to Nazi “stormtroopers.”

In a tweet Sunday afternoon, Trump quoted Mark Penn, a former Democratic strategist.

“Why are there people from the Clinton Foundation on the Mueller Staff? Why is there an Independent Counsel? To go after people and their families for unrelated offenses…Constitution was set up to prevent this…Stormtrooper tactics almost,” the tweet quoting Penn said.

Trump added: “Disgrace!”

Trump attorney Rudy Giuliani also compared FBI agents to “stormtroopers” last month after they raided the office of former Trump attorney Michael Cohen.

“I know the New York FBI,” former FBI Director James Comey tweeted in response to Giuliani. “There are no ‘stormtroopers’ there; just a group of people devoted to the rule of law and the truth. Our country would be better off if our leaders tried to be like them, rather than comparing them to Nazis.”

[Raw Story]

Reality

Trump is referring to Jeannie Rhee, who did in-fact represent Hillary Clinton in a 2015 lawsuit that sought access to her private emails. She also represented the Clinton Foundation in a 2015 racketeering lawsuit, that was quickly thrown out for being frivolous and “did not allege any facts.”

What escapes Trump’s criticism is Rhee also has the experience and credentials to be a part of this investigation, having once served as the Deputy Assistant Attorney General under former Attorney General Eric Holder.

Why didn’t FBI, DOJ tell me agents were ‘secretly investigating’ Manafort?

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President Trump on Sunday blasted the FBI and Department of Justice for not telling him that agents were “secretly investigating” his former campaign chairman, Paul Manafort, during the 2016 election.

“As only one of two people left who could become President, why wouldn’t the FBI or Department of ‘Justice’ have told me that they were secretly investigating Paul Manafort (on charges that were 10 years old and had been previously dropped) during my campaign?” Trump asked in a tweet.

He added that Manafort “came into the campaign very late and was with us for a short period of time,” but said the campaign “should have been told that Comey and the boys were doing a number on him, and he wouldn’t have been hired!”

Trump named Manafort head of his campaign in May 2016, but the businessman stepped down in August of that year after media reports of his dealings with the Ukrainian government emerged.

CNN reported last year that Manafort had been under FBI surveillance before and after the 2016 election. He reportedly became the central subject of a probe that began in 2014.

Manafort faces several charges as a result of special counsel Robert Mueller‘s investigation, including tax fraud, bank fraud and money laundering. The charges largely relate to his work for Ukrainian politicians.

Manafort has pleaded not guilty to the charges. His business associate and former Trump campaign staffer Richard Gates reached a plea deal with Mueller’s team and has agreed to cooperate with the special counsel.

[The Hill]

Reality

First, at the time you weren’t the president.

Second, if your top guys including Manafort were meeting with Russian spies and some of Putin’s best friends, why didn’t you tell the FBI?

‘Our recollection keeps changing’: Rudy Giuliani admits Trump may not testify because he can’t tell the truth

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Trump attorney Rudy Giuliani revealed on Sunday that President Donald Trump may not agree to testify or be interviewed by special counsel Robert Mueller because his “recollection” of the truth “keeps changing.”

“This is the reason you don’t let the president testify,” Giuliani told ABC host George Stephanopoulos. “Our recollection keeps changing, or we’re not even asked a question and somebody makes an assumption.”

[Raw Story]

Media

Trump lawyers’ secret memo argues president has complete control over federal investigations

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Lawyers for President Donald Trump argued in a secret memo submitted to special counsel Robert Mueller III in January that Trump could not have obstructed the FBI‘s probe into Russian interference in the 2016 election in part because, as president, he holds complete control over federal investigations.

The president has the power to “order the termination of an investigation by the Justice Department or FBI at any time and for any reason,” Trump lawyers John Dowd and Jay Sekulow argued in the letter to Mueller, which was published Saturday by the New York Times.

As the nation’s chief law enforcement officer, Trump could “even exercise his power to pardon if so desired,” they argued. A person familiar with the letter confirmed its authenticity.

The 20-page letter offered a sweeping assertion of the powers of the presidency as well as a detailed and robust defense of Trump’s actions in dealing with the unfolding Russia probe, including his firing of FBI Director James Comey in May 2017. It concluded that Trump’s actions were in keeping with the expansive powers of the presidency and could not constitute crimes.

Ultimately, Trump’s lawyers argued that the president should not be compelled to sit for an interview to assist Mueller’s effort, arguing that the White House provided full access to documents and interviews with other senior staff that was sufficient to answer Mueller’s questions about the Trump’s actions.

“The President’s prime function as the Chief Executive ought not be hampered by requests for interview. Having him testify demeans the Office of the President before the world,” they wrote.

The arguments parallel those that the president’s attorneys have pressed publicly for months, even as quiet negotiations over whether Trump might agree to sit voluntarily for an interview have continued. They help underscore the legal battle now underway between the White House and the special counsel. Should Mueller seek to compel Trump’s testimony with a subpoena, the arguments advanced in the letter could ultimately form the basis of a courtroom battle that would probably reach the U.S. Supreme Court.

After former New York mayor Rudy Giuliani replaced Dowd as Trump’s chief lawyer in March, he reopened negotiations with Mueller about forestalling that kind of public battle through a voluntary interview. Giuliani, at first, expressed confidence that he could resolve the matter within weeks.

But the debate has dragged on and, more recently, Giuliani has expressed wariness over having his client sit for an interview and said he would only agree if the special counsel’s office first turns over internal documents that shed light on the beginnings of the FBI’s probe in 2016, before Mueller’s appointment.

He told The Washington Post last week that Trump’s lawyers are drafting a letter to Mueller laying out those terms and that Jane and Marty Raskin, a husband-and-wife team from Florida assisting Trump’s defense, are in contact with Mueller’s office three times a week.

Mueller’s team has told the president’s lawyers that they think they have the power to issue Trump a subpoena and compel his testimony, but they have not yet sought to go down that route.

“They may do a subpoena. The subpoena would then be contested. That would be going on for months,” Giuliani said.

In a statement Saturday, Sekulow noted the consistency of Trump’s legal position while bemoaning the leaking of the internal document.

“We have maintained a consistent legal argument throughout the many months of this inquiry. Our legal team would not disclose internal communications with the office of special counsel. We continue to maintain cooperative relations with the office of special counsel,” he said.

Likewise, in a tweet sent shortly before the New York Times story was posted online, Trump questioned whether Mueller’s team might have been responsible for the leak. “Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media?” he asked.

A spokesman for the special counsel’s office declined to comment.

The letter also provides new details about Trump’s actions in dealing with the Russia probe. For instance, his lawyers reveal that former national security adviser Michael Flynn twice told senior White House officials, including the vice president, before his firing in February 2017 that he had been informed that the FBI had closed its investigation into his contacts with the Russian ambassador during the presidential transition.

Comey has said that Trump asked him to let the case against Flynn go in an Oval Office meeting the day after Flynn’s firing. In their letter, Trump’s lawyers contested that account, but also argued that the president could not have been attempting to interfere in an investigation he was not aware was underway.

Trump’s lawyers also argued that the president could not have obstructed justice by firing Comey several months later. Trump’s decision to dismiss the FBI director was an appropriate use of presidential power intended to exert oversight over the bureau as a result of its missteps in the 2016 investigation of Hillary Clinton‘s use of a private email server while she was secretary of state, they wrote.

They asserted that Deputy Attorney General Rod Rosenstein, who is now supervising Mueller’s probe, “actually helped to edit” Trump’s letter terminating Comey and “actively advised the President accordingly.” At the time, Rosenstein also wrote his own memo criticizing Comey’s handling of the Clinton case.

Trump’s lawyers wrote that it would be “unthinkable” for a president acting under his constitutional authority and with the “overt participation” of his deputy attorney general to have obstructed justice.

A Justice Department spokeswoman declined to comment.

In another episode Mueller has been probing, Trump’s lawyers conceded for the first time that in July 2017, Trump “dictated” a statement to be released on behalf of his son Donald Trump Jr. about a meeting that the son had taken with a Russian lawyer during the campaign.

The Post first reported in July that the president had authored his son’s statement, which misleadingly said the meeting was “primarily” about Russian adoptions. In fact, Donald Trump Jr. had accepted the meeting after being told the lawyer would provide dirt about Clinton.

In their letter, Trump’s lawyers contended that the statement was “short but accurate,” and a “private” matter to be hashed out between the president and the New York Times, which had requested the statement, rather than an issue for federal prosecutors.

[Chicago Tribune]

Reality

Read the letter here.

 

Trump Boasts Fox News’ Ratings, Trashes CNN on Twitter: ‘Fake News CNN is Dead!’

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It’s no secret that President Trump plays favorites when it comes to his cable news watching.

In the cable news war, Fox News continues to dominate in ratings and has remained the #1 cable news network for 197 consecutive months. Meanwhile CNN saw a 25% decrease in viewership.

Real @FoxNews is doing great, Fake News CNN is dead!” Trump tweeted.

It is worth noting though that instead of attacking the “Failing” New York Times today, Trump seemed to have endorsed some of their reporting as of late. At least on Twitter

[Mediaite]

Trump Quotes NRA TV Pundit to Bash Ex-CIA Chief as a ‘Liar’ After Brutal Op-Ed

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Thrice failed congressional candidate Dan Bongino has made a name for himself in recent months using a common formula: appear on Fox & Friends to hawk the battiest Deep-State-Spy-Gate conspiracy theories you can muster, and President Donald Trump might just notice you.

Bongino snagged yet another one of the coveted Trump shoutouts on Saturday morning, after he trashed former CIA director John Brennanon the Fox News morning show.

“John Brennan, no single figure in American history has done more to discredit the intelligence community than this liar,” Trump quoted Bongino. “Not only is he a liar, he’s a liar about being a liar.”

Meanwhile, the Washington Post tally of Trump’s false or misleading claims in office ticks on: it now stands at 3,251.

Bongino’s outrage came in response to Brennan’s scathing op-ed in which he compared Trump to the “corrupt, incompetent and narcissistic foreign officials” he encountered while serving at the CIA. Brennan wrote that he “will continue to speak out loudly and critically until integrity, decency, wisdom — and maybe even some humility — return to the White House.”

Trump also quoted the NRA TV pundit’s bashing of the “scam” Mueller investigation:

[Mediaite]

Media

EPA paid $1,560 for 12 fountain pens, emails show

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A close aide to Scott Pruitt last year ordered a set of 12 fountain pens that cost the Environmental Protection Agency $1,560, according to agency documents.

Each $130 silver pen bore the agency’s seal and Administrator Pruitt’s signature, according to the documents, which were obtained by the Sierra Club through a Freedom of Information Act request.
“Yes, please order,” an aide wrote.

The order from the Washington shop Tiny Jewel Box also included a set of journals that cost $1,670.

EPA spokesman Jahan Wilcox said the pens were similar to purchases made by Pruitt’s predecessors “for the purpose of serving as gifts to the Administrator’s foreign counterparts and dignitaries upon his meeting with them.”

Purchasing records show the EPA under the Obama administration made a $2,952 purchase from the same shop in 2009 for “non-monetary awards for Administrator.”

The purchase stands out not only for the cost but also because it was approved by a close aide who Pruitt described in congressional testimony last month as “longtime friend.”

Pruitt has sought to distance from the agency’s controversial spending, including a $43,000 phone booth in his office. He has recently blamed some purchases on “decisions made by career staff,” as he told the Washington Free Beacon, a conservative publication, this week.

Pruitt’s actions are currently under scrutiny by investigators at the EPA inspector general, the Government Accountability Office and Congress. At least 12 investigations have been opened.

Other emails released by the agency and obtained by the Sierra Club show the same aide working on Pruitt’s apartment search during work hours. In her first year on the job at EPA, she received two raises that boosted her pay by 72%.

The pen purchase was first reported by The Washington Post.

[CNN]

Dinesh D’Souza on His Pardon From Trump: He Called Me a ‘Great Voice for Freedom’

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Conservative provocateur Dinesh D’Souza appeared on Fox & Friends today to continue his celebrations after President Trump pardoned him yesterday for his criminal violations of campaign finance law.

D’Souza said the pardon was not something he expected, and he also reiterated what Trump said yesterday about how the case against him was unfair and he wanted D’Souza to be a bigger voice.

“The president said Dinesh, you have been a great voice for freedom. And he said that I got to tell you man-to-man have you been screwed. He goes I have been looking at the case. I knew from the beginning that it was fishy. But he said upon reviewing it he felt a great injustice had been done and that using his power he was going to rectify it and clear the slate, and he said he just wanted me to be out there and be a bigger voice than ever defending the principles that I believe in.”

D’Souza went on by continuing his argument that he was a victim of “selective prosecution” in which the Obama-era justice system targeted him and other conservatives.

“This was a vindictive political hit that was kind of aimed at putting me out of business, essentially making, destroying my credibility, making it impossible for me to make movies, write books. And that has failed but it still left a cloud over me. I would be a lifelong felon. I would never be able to vote and never have my full rights. So I’m very grateful to President Trump for giving me those rights back.”

D’Souza also took the opportunity to take more shots at Preet Bharara, the Obama-era U.S. attorney whose office oversaw the prosecution against him. He said that he only pled guilty to campaign finance violations because the justice system used “legal bludgeoning tactics” to force his admission, or else the government would’ve filed more charges against him.

[Mediaite]

Reality

D’Souza once praised the 9/11 hijackers as “warriors.” This is who Trump pardoned.

Media

Trump gets caught up in his own lie after just 8 minutes

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On Tuesday afternoon, North Korean dignitaries met with Donald Trump to deliver a mysterious letter from the North Korean regime.

A while later, Donald Trump held a press conference, where in the course of under ten minutes changed his story about the letter.

Reuters reported that Trump had said the letter “was a very nice letter, a very interesting letter.” Around 8 minutes later—according to the Reuters time stamp—Trump confessed that he hadn’t opened it yet.

On Twitter, the Toronto Star’s Washington correspondent Daniel Dale joked “The Trump era in two Reuters alerts.”

[Raw Story]

Media

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