Criminal law, Politics

Trump Offers To Testify Under Oath

donald_trump_president-elect_portrait_croppedPresident Trump surprised people late Friday by announcing that he is “100 percent” willing to testify under oath about his interactions with James Comey.  There has been considerable speculation about Trump’s willingness to go under oath.  His counsel could have negotiated at least initially for an interview without going under oath.  As I have stated before, the greatest threat facing officials in a scandal of this kind is a false statements prosecution under 18 U.S.C. 1001.  Given Trump’s notorious habit for going off script, the risks of such a violation would be much higher for counsel prepping him for such a deposition or testimony.

Trump insisted that “I would be glad to tell him exactly what I told you.”  He added  “Yesterday showed no collusion, no obstruction. But we were very, very happy and, frankly, James Comey confirmed a lot of what I said. And some of the things that he said just weren’t true.”

Curiously, while he refused to confirm or deny the existence of tapes (a controversy that he created in a tweet weeks ago), Trump said that “you will be very disappointed when you hear the answer.”  Once again, it is unclear why Trump continues this evasion, which has openly frustrated even his allies in Congress.

Trump has continued to attack Comey. He maintained “No collusion, no obstruction. He’s a leaker. But we want to get back to running our great country.”

The one thing working for Trump is that he has had more experience as a litigant than all of the past presidents combined.  Yet, this is a criminal matter and any exaggeration or evasion can be charged as a crime under 18 U.S.C. 1001.  Moreover, that crime would constitute an impeachable offense. I testified during the Clinton impeachment that perjury satisfies the standard under Article I of a high crime and misdemeanor regardless of the subject.  I would feel the same way about such perjury in the Mueller investigation.

Assuming that there are no tapes, this would be left as a “he said, he said” dispute. However, similar statements made to other officials could create circumstantial evidence to support Comey.  One concern that I would have with Trump’s statement is that it come too early.  It is always better to wait to see what evidence Mueller has to fully prep your client.

156 thoughts on “Trump Offers To Testify Under Oath”

  1. I don’t know why GOP has any complaint about Comey. His actions in late October helped to elect Trump.

    1. Wait. Are you sure it wasn’t Hillary who placed the server in her residence bathroom? Are you sure it wasn’t Hillary who used “bleach-bit” on many of the 30,000 “missing” e-mails? Are you sure it wasn’t Hillary who violated State Dept. procedures? Are you sure it wasn’t Hillary who fell in the gutter? Are you sure it wasn’t Hillary engaging in the interminable coughing spasms of the elderly? Are you sure it wasn’t Hillary who took the “cattle futures” bribe from Tyson Chicken as the governor’s wife 39 years ago to began her life of crime?

      You know, excuses are like a——-s.

      Everybody’s got one.

      Hillary’s got a big one.

  4. Don’t say anything. Until Inspector Clouseau finishes interrogating the staff. Lawyer up.

  5. The greatest threat to mankind in the entire world is that midget in N. Korea. We need to have a topic on this blog about him and his nukes. If Truman was in office we would have already nuked the midget. Give em Hell Harry. Days of old when knights were bold and rubbers weren’t invented.

    1. I would suspect that many commenters on this blog would assert that Democrats in general and Obama in particular, are far more of a threat than North Korea or Russia or any foreign entity.

  6. I personally believe Trump could claim to be King of England as well as the Pope, and yet pass a lie detector test about it. He just doesn’t know what truth is. To him, “truth” is something to help him get wealthier, or to stroke his ego.

      1. David, I disagree with you about President Trump. For 8 years, I witnessed LIES out of Obama and his Administration, i.e, “If you like your doctor…, Benghazi murders of Ambassador Stevens, and Americans Smith, Doherty were the result of a YourTube Video, Americans are not being spied on, American Journalist are not being spied on, not one “smidgeon of evidence that Conservatives are targeted by the IRS, and this boner: Bergdahl served with honor and distinction.” So…as you can see I know a LIAR when I see one and to me, President Trump is a SAINT in comparison to what the Socialist Obama proved to be. In fact, my personal loath of the former President is bottomless.

        1. How exactly do you think Obama was a Socialist? Or, to put it another way, what in your view is “Socialism”? Are, for example, the Scandinavian countries Socialist? If so, what is bad about them?

  7. if president trump has tapes of the talks with comey would it be legal for him to have someone turn them over to FOX NEWS ?

        1. He said in the testimony that Mueller has them. The questioner then asked if the person who described them to the NYT had a copy and whether they could get that person’s copy. He said he wasn’t sure if that person still had them.

          I hope that Mueller and the heads of these committees can get together soon and figure out how to coordinate things. Remember that Ollie North ended up avoiding prison because the congress had stupidly given him immunity which screwed up the real prosecution. So, they need to be smart about all of it.

  8. CV Brown, rather than ever narrower gutters for replies to replies, I start over here for your question.

    It is about America and ways in which all of us, not just the rich, privileged and powerful might have a decent life. Somehow only progressives want that. Seems to me that anyone reading the Book of Matthew should desire the same; maybe nobody reads it anymore.

    Unfortunately, we had a very poor choice for president last November and somehow chose the least sane alternative. I hope that the Republic can survive this.

    If that is not enough, ask further.

    2. It is about America and ways in which all of us, not just the rich, privileged and powerful might have a decent life. Somehow only progressives want that.

      They want nothing of the kind. “Progressives” have no authentic principles, merely improvisations and attitudes. When the resultant of all the vectors is calculated, what they end up favoring is the social position (which incorporates security and discretion at least as much as income) of various sorts of professional and semi-professional cadres (commonly employed in the philanthropic sector or for the government). On the list are the media and entertainment business, the legal profession, academe, the mental health trade, the social work apparat, the school apparat, and public sector labor meatheads. You could include the dregs of the clergy (not that you care about them). Pretty much a cavalcade of pretentious, rent-seeking frauds. They promote resentments and bad behavior among the wage-earning sector and then build patron-client relationships with fractions thereof: single mothers, blacks, Puerto Ricans, California chicanos suffused with the most atrocious demagoguery (“Black Lives Matter” etc). And half of it is financed by kapo George Soros.

      George McGovern and Nat Hentoff are dead. Decent people among engage progressives born after 1926 are pretty atypical. Among progressives born after 1938, they are downright rare. The best among you are sentimentalists who think about political life about three days a year.

      You do no one any good, and you’re insufferable to boot.

      2. Dds — I claim to be a progressive and I want that. Your rant is wrong; read the Book of Matthew and then get back to me.

    3. Mr. Benson: “It is about America and ways in which all of us, not just the rich, privileged and powerful might have a decent life. Somehow only progressives want that.”

      In your view, what is it that Republicans want for Americans?

      1. You call Comey ‘sane and savey’…..you forgot corrupt, weak, cowardly, slimy, compromised.

      2. “IT’S ABOUT FREEDOM”

        PERIOD.

        Preamble –

        “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

        The American Founders first LIMITED government then provided FREEDOM and FREE ENTERPRISE without INTERFERENCE by the limited government.

        The “poor” were never intended to vote as the Founders knew the “poor” would SELL their votes.

        Charity is industry conducted voluntarily in the free markets of the private sector.

        The Communist Manifesto mandates “…from each according to his ability, to each according to his need”

        and

        Central Planning
        Control of the Means of Production
        Social Engineering
        Redistribution of Wealth

        Those who promote the principles of communism are communists and traitors to America and its founding documents.

  10. There is no problem with President Trump stating “early” that he will be happy to provide sworn testimony that he did NOT say those things to Comey if he did NOT say those things to Comey.

    1. He said those things. Comey is sane and savey; The Donald is neither.

      1. Ahhhh…..but sir, he is
        THE PRESIDENT OF THE UNITED STATES OF AMERICA. 👍

        Damn…I like how that sounds.

          1. Get over yourself.

            I have to admit you really zinged me good with that one.

            Thinking Bill Clinton said it best. It depends on the definition of is

            Kind of simple when you think about it. President Nixon WAS and President Trump IS. Is President.

            Maybe you can explain this to me. How do you describe the kind of American that you portray and that you are? I mean it’s all about your side, the left, the liberal, the Democratic party side. It’s never about America, the American side, the country first side. Hoping, praying and wishing that OUR President, a sitting President, is unsuccessful and fails. Why do you want that, wish and work toward that end?

            Why not just pick up your Legos and go home.

            1. Many of us don’t believe the immoral Trump represents our American values.

              1. The time for vetting his values was before he was elected. Now that he is the President, values are not the concern; that continues to be a progressive measure useful only in a utilitarian democracy. In a constitutional republic, we have the rule of law and separation of powers. You want evidence of his values, Justice Gorsuch is all the evidence you need.

              2. But you believe the immoral corrupt lying Hillary Clinton does? My god.

          2. So was Kennedy after “winning” the election in Chicago.

            How long did his political benefactors allow him to serve?

    2. The business world has operational measures of competence. They’re not nearly as insulated and disoriented as academics, who, when you give them their head, produce scandals like Evergreen State College.

  13. As almost stated above, Trump can’t recognize the difference between truth and lies, and accordingly believes everything he says. Could probably pass a lie detector exam.

    JT, it seems you are (becoming) a monarchist.

    2. Dellinger agrees with Tribe.

      “Michael [Dreeban] is the most brilliant and most knowledgeable federal criminal lawyer in America — period,” said Walter Dellinger, a law professor at Duke University School of Law and acting solicitor general for the 1996-1997 term of the Supreme Court.

  15. Where have all the flowers gone?
    Long time passing…

    We are in a new world. It is post-Billy Clinton, post Jimmy Carter, post Bush boy, post H.W. Bush boy, post Nixon, post Watergate, post Obama state.

    I call it Trumpville. We live in The Ville. Da Trumpster has his way. No problem. If he swears under oath so be it. If he swears that he never porked a dog in high school then so be it. Some of us “sware or swear” and say bad things about feces and whatnot. One can say it in pig latin and it sounds better. Like “itShay” or ukFay. Or amDay. So when Trump swears on the Bible lets hope he speaks the King’s English or at least speaks New Yorkie. Turdy Turd and a Turd has nothing to do with feces. It is 33rd Street and 3rd Avenue in NYC.

      1. Its the last train to Trumpville…
        And its leaving at the station.
        We don’t need no tickets cause we have a reservation.

        We are on a mountain side and we all have our blankets.
        Trump is growing pansies and his wife is having banquets.
        When people have no season then we know we have a reason..
        to vote for Trump the next time and state a simple treason.

  16. When it comes to lying, Trump makes Slick Willie and all the rest look like pikers. The only reason Trump doesn’t fall on the floor laughing when he lies is that he is unaware that he is lying. Such is the case with pathological liars. If you believe it is true, it is true. But Trump believes in nothing but his fat ego.

  17. How long would it take for a Trump supporter to foam at the mouth if the President had a D behind his or her name? Would Trump supporters back any President that has done what Trump already had done. Would it be then the MSM fault? Would it be OK for the D to hire and put family in power? Would it be OK to have business deals and loans with a Russian dictator? To lie every time he or she speaks? To brake promises with the very people he or she made with? How far or low can you go?

    1. What if Hillary Clinton’s son in law was setting up a back channel with Russian spies in order to launder money?

            1. What year did he receive the check? And was it reported correctly on their taxes or was it hidden?

              1. Joe,…
                Jared Kushner failed to disclose some contacts with Russians on the FS-86 form.
                I haven’t heard investigators or Kushner himself expand on the FS-86 issue.
                And you know from this that Kushner was “setting up a back channel with Russian spies to launder money”?

                  1. “Trump aides had repeated contacts with Russian intelligence”.- New York Times, Feb. 14, 2017.
                    Comey was asked about this article on Thursday, and said it was not true.
                    The NY Times story relied on 4 unidentified officials”.
                    Supposedly, the Times is “looking into” the claims made in the article.

                    1. I saw the interview with the author. He said the authors stand by their story and have contacted the FBI to further understand their concerns. I hope we get an update

  18. Comey leaked information as part of his desire to have a special counsel appointed. All things tied to Comey and the appointment of Mueller are rotten. POTUS or AG should dismiss Mueller and appoint a new special counsel to investigate the “slow motion” coup that is underway.

    3. It is wrong to conflate Comey’s release of memoranda with illegal leaks. They are legally and morally completely different things.

      1. THESE MEMOS WERE WRITTEN ON A F.B.I.LAPTOP WHIE HE WAS IN CHARGE OF THE F.B.I. AND STILL IN OFFICE. HE AND HIS COLLEGE FRIEND ARE LEAKERS.

        1. Mickey 2829…
          – One source said that the New York Times has not seen the memos, but went with Richman’s account of the contents of the memos.
          I haven’t checked that part of it out; that is, I don’t know for sure if the author(s) of the NY Times “memo story” actually saw the memos.
          The fact that Congressional committees have asked Comey or Prof. Richman to produce them indicates that they haven’t seen them.
          When asked about producing the memos, Comey said he didn’t have any copies.
          That seemed strange that they’d have to go to Prof. Richman for the memos, that Comey would not have retained copies of such vital documents.

  19. “One concern that I would have with Trump’s statement is that it come too early. It is always better to wait to see what evidence Mueller has to fully prep your client.”

    It’s a game.

  20. Yeah Darren Smith, the MSM gets Trump to say stupid things, the MSM got Trump in bed with Russia. The MSM got Trump to hire the worst of the worst bottom dwellers. The MSM just pulls all of Trump strings….The MSM just tells Trump what to do everyday and Trump yells back how bad and low can he go. I take it you watch RT for your news…

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