Snakes and Trumps crawl at night
Unsealed court ruling discloses bribe-for-pardon probe related to Trump White House
A court ruling made public Tuesday indicates that federal prosecutors have been pursuing an investigation into potential bribery in connection with an effort to secure a pardon from President Donald Trump, although details of the inquiry remain murky.
The opinion issued by Chief U.S. District Court Judge Beryl Howell in August and
released in a heavily redacted form Tuesday shows that Howell granted prosecutors permission to examine emails involving lawyers and an effort to seek a pardon for someone whose name was deleted from the public version of the opinion.
Howell ruled that the inclusion of a non-lawyer and of a lawyer she described as an “attorney-advocate” who did not appear to be providing legal services voided the attorney-client privilege, at least for some of the messages.
“The attorney-client privilege does not protect communications disclosed to third parties,” the judge wrote.
Howell’s ruling said prosecutors are investigating a “bribery-for-pardon scheme” in which someone “would offer a substantial political contribution in exchange for a presidential pardon or reprieve of sentence” for an unidentified person.
Despite the rather direct language in Howell’s ruling, Trump dismissed news reports of a probe into possible corruption of the pardon process.
“Pardon investigation is fake news,”
Trump tweeted Tuesday night.
A Justice Department official suggested the focus of the investigation was not on White House officials. “No government official is the subject or target of the investigation referenced in the court opinion,” said the DOJ official, who spoke on condition of anonymity.
Howell’s opinion provides tantalizing hints about the probe. She says it involved the seizure of more than 50 digital media devices, such as phones, iPads and laptops. In addition, it appears the pardon probe grew out of an earlier investigation.
The judge said prosecutors also said they were investigation whether lobbying efforts for a pardon violated the Lobbying Disclosure Act because those involved didn’t register under the law, but Howell threw cold water on that, noting that the law’s requirements are fairly loose and allow some lobbying for clients without registering.
Prosecutors opposed releasing the memo, even in redacted form, but Howell — an appointee of President Barack Obama — overruled their objections. The judge’s August opinion described the investigation as “sensitive and ongoing.” But her description of why prosecutors wanted the entire opinion kept under wraps simply quoted them as saying it “identifies both individuals and conduct that have not been charged by the grand jury.”
>>>>>>>>>> and this article from the Washington post:
The Justice Department in August investigated a
potential “bribery-for-pardon” scheme in which a large political contribution would be offered in exchange for a presidential pardon by the White House, according to court records unsealed Tuesday.
The documents show that U.S. prosecutors were scrutinizing whether two individuals approached senior White House officials as unregistered lobbyists, and a related scheme in which cash would be funneled through intermediaries for a pardon or reprieve of a sentence for a defendant apparently in Federal Bureau of Prisons custody at some point. The status of the investigation is unclear.
The slender record is heavily redacted and does not identify the investigation’s targets or whether anyone has been or will be charged. It also does not indicate what senior White House officials did after allegedly being approached.
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“No government official was or is currently a subject or target of the investigation disclosed in this filing,” said a Justice Department official, speaking on the condition of anonymity to discuss an ongoing investigation.
The records were unsealed by Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia, who released an Aug. 28 opinion describing the government’s theory. The opinion granted prosecutors’ request to access search warrant evidence, including confidential emails sent among at least three individuals and their agents that could have been protected by attorney-client privilege.
The White House had no comment. Federal bribery crimes typically must be charged within five years of their commission, a span that mostly covers President Trump’s time in office but includes the latter part of the Obama administration.
A government review of the evidence identified emails “indicat[ing] additional criminal activity” after scouring more than 50 digital media devices, including iPhones, iPads, laptops, thumb drives and computer and external hard drives, Howell wrote.
The ruling offers glimpses of the underlying investigation, stating at one point, for example, that the government alleged at least one person “requested [redacted]’s assistance, ‘as a personal favor,’ to use his political connections [redacted].”
Read the opinion here
It continues, “This political strategy to obtain a presidential pardon was ‘parallel’ to and distinct from [redacted]’s role as an attorney-advocate for [redacted].”
In a footnote, Howell’s opinion added, emails submitted by the government as exhibits “do not show any direct payment to [redacted] by [redacted] or [redacted] and instead indicate that [redacted] expected [redacted] to assist in obtaining clemency for [redacted] due to [redacted]’s past substantial campaign contributions [redacted] and [redacted]’s anticipated future contributions.”The language of the opinion suggests that the potential pardon scheme was not the original subject of the warrants, and it is not clear whether any targets subsequently challenged any grand jury proceedings.
In her largely blacked-out 18-page opinion, the judge granted the government’s request for investigators to access the emails, confront three people and take any further investigative steps.
The opinion was originally sealed. In an update to the court Nov. 25, the Justice Department asked to keep the ruling secret because it “identifies both individuals and conduct that have not been charged by the grand jury.”
Howell found the response insufficient, directing the government to explain line-by-line why a redacted version could not be released that did not name uncharged individuals, prompting the government to submit the now-public document on Monday, she wrote.