berg80
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- Oct 28, 2017
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Trump Wanted to Order Justice Dept. to Prosecute Comey and Clinton
WASHINGTON — President Trump told the White House counsel in the spring that he wanted to order the Justice Department to prosecute two of his political adversaries: his 2016 challenger, Hillary Clinton, and the former F.B.I. director James B. Comey, according to two people familiar with the conversation.
The lawyer, Donald F. McGahn II, rebuffed the president, saying that he had no authority to order a prosecution. Mr. McGahn said that while he could request an investigation, that too could prompt accusations of abuse of power. To underscore his point, Mr. McGahn had White House lawyers write a memo for Mr. Trump warning that if he asked law enforcement to investigate his rivals, he could face a range of consequences, including possible impeachment.
The encounter was one of the most blatant examples yet of how Mr. Trump views the typically independent Justice Department as a tool to be wielded against his political enemies. It took on additional significance in recent weeks when Mr. McGahn left the White House and Mr. Trump appointed a relatively inexperienced political loyalist, Matthew G. Whitaker, as the acting attorney general.
Trump Wanted to Order Justice Dept. to Prosecute Comey and Clinton (Published 2018)
The encounter was one of the most blatant examples yet of how President Trump views the typically independent Justice Department as a tool to be wielded against his political enemies.
The new world order ushered in by the SC majority would also preclude the prez being prosecuted for obstruction of justice.
I. Order to McGahn to deny Trump’s order to fire Mueller
Obstructive act (p. 118): This effort “would qualify as an obstructive act if it had the natural tendency to constrain McGahn from testifying truthfully or to undermine his credibility as a potential witness[.]” There is “some evidence” that Trump genuinely believed press reports that he had ordered McGahn to fire Mueller were wrong. However, “[o]ther evidence cuts against that understanding of the president’s conduct”—and the special counsel lists a great deal more evidence on this latter point.
Nexus (p. 119): At this point “the Special Counsel’s use of a grand jury had been further confirmed by the return of several indictments.” Mueller’s office had indicated to Trump’s lawyers that it was investigating obstruction, and Trump knew that McGahn had already been interviewed by Mueller on the topic. “That evidence indicates the President’s awareness” that his efforts to fire Mueller were relevant to official proceedings. Trump “likely contemplated the ongoing investigation and any proceedings arising from it” in directing McGahn to create a false record of the earlier interaction.
Intent (p. 120): “Substantial evidence indicates that … the President acted for the purpose of influencing McGahn’s account in order to deflect or prevent further scrutiny” of Trump.
Obstruction of Justice in the Mueller Report: A Heat Map
The Mueller report describes numerous instances in which President Trump may have obstructed justice. A few days ago, I threw together a quick spreadsheet on Twitter
www.lawfaremedia.org
The country was fortunate McGhan was around to put a check on Don's abuses of power. Guys like him won't be around in Trump redux. The majority's opinion making that a moot point. Putting the criminal known as Individual 1 in the Oval Office with the knowledge he is above the law is the culmination of the decades long conservative project, a dream come true for Trump, and a nightmare for the country.
