Yesterday, there was a troubling story in the New York Times that President Donald Trump had two conversations with witnesses in the Mueller investigation about matters touching on their statements to investigators. Both former Chief of Staff Reince Priebus and White House CounselDonald F. McGahn II reportedly were the subjects of inquiries by Trump that raised concerns over witness tampering and, in McGahn’s case, eliciting a false public statement. As I explained this morning on MSNBC’s Morning Joe program, I do not view the accounts as establishing witness tampering violations but the conversations were clearly inappropriate and ill-advised. Moreover, they can be legitimately pursued by the Special Counsel and fit a narrative that is being advanced by critics. The failure to respect legal and ethical boundaries has been a constant and continuing problem for this White House. Nevertheless, there is an obvious defense to such charges and, as I explained on MSNBC, people are again ignoring the actual criminal elements to this offense. Putting that aside, there should be concern that this is yet another tripped wire that should have been avoided.
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