Category: Justice

Sessions And How No Good Deed Goes Unpunished In Washington

jeff_sessions_official_portraitBelow is my column in The Hill newspaper on the continuing attacks on Attorney General Jeff Sessions.  There is obviously an effort to push Sessions into resigning while laying the groundwork for firing him if he is still around after the completion of the Mueller report.  Sessions on the other hand is standing firm, a position that is clearly encouraged by career officers at Justice who view the threats as undermining the integrity of the department.

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Lindsey Graham Demands Explanation Of Rosenstein’s Failure To Recuse

Graham-080106-18270- 0035Rod_Rosenstein_Official_DAG_PortraitThe recent disclosure of a memo from former acting FBI Director Andrew McCabe on a conversation with Deputy Attorney General Rod Rosenstein on an alleged “cover story” demanded by President Donald Trump for his memo on the firing of McCabe’s boss James Comey:  I have already said that the memo may shed more light on the mindset of McCabe than Trump.  It is most likely that Trump was asking (as he did with everyone of these individuals) for a statement that he was not a target of the Russian investigation. That is not a cover story.  However, the memo does raise the question of why Rosenstein has not recused himself.  In August 2017 , I wrote a column calling for Rosenstein to recuse himself.    This memo only highlights that obvious need.

Now, Sen. Lindsey Graham, R-S.C., is demanding to know why Rosenstein is not in an obvious conflict of interest.

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Tweetstorm: How A Couple Of Trump Tweets Unleashed A Torrent Of Rage-Filled Messages

220px-The_ScreamIt is a familiar pattern.  It has happened before.  Around 10am on Memorial Day, my iPhone can be vibrating with email signals as I was driving one of my children and her friends.  Soon they were coming in fast succession and then I knew:  The President has tweeted out a quote.  The two tweets were followed by a torrent of threats, insults, and profane suggestions involving physical acts that would have been challenging in my teens.  In today’s rage-filled environment, the mere fact that Trump quotes you unleashes a tsunami of anger. It seems cathartic for people who cannot tolerate the slightest hint of agreement with Trump. The same is often true on the opposite end of the political spectrum if you challenge or question a position of Trump.

What is interesting is that people who seek out your email almost uniformly do not take the time to actually read your comments.  Yet, what is most disturbing is not the endless cranks but the coverage by news sites that show the same lack of interest in the actual comments or even the tweets themselves.

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Justice Department Tells Court That Trump’s Own Admissions Undermine Claims Of Attorney-Client Privilege Over Cohen Material

160px-Official_Portrait_of_President_Donald_Trump_(cropped) I (and many others) have cautioned the President for over a year that his tweets and public comments are underlying his case (and litigation like the immigration challenges) in federal court.  Now the Justice Department has used the President’s latest comments in a call-in to “Fox and Friends” as eviscerating efforts to claim privilege over documents on his behalf in the review of the material seized from his personal lawyer, Michael Cohen.  While opposing counsel like Democratic state attorneys general have used Trump’s comments against his Administration and the Justice Department has struggled to defend against such use, this is the first time that his own Justice Department is using the President’s comments effectively against his interests.  In the meantime, it was revealed yesterday that the FBI seized 16 different cellphones from Michael Cohen.

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Report: Columbia Professor Used By Comey For Leak Was Actually A Special Government Employee With The FBI

440px-Comey-FBI-PortraitWe have been discussing the investigation by the Inspector General of the Justice Department into the leaking of FBI memos by former Director James Comey.  I have previously explained why there are serious questions concerning Comey’s conduct.  Now there is an interesting development after Fox News confirmed that the law professor used by Comey for his leak was in fact a “special government employee” (SGE) for Comey’s FBI.  That status of Columbia Professor Daniel Richman raised new concerns

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McCabe Resumes Call For Donations As Prosecutors Review Possible Criminal Charges Against Him

McCabeBelow is my column in The Hill newspaper on the referral of the Inspector General of the Justice Department of criminal charges against former acting FBI Director Andrew McCabe to the U.S. Attorney’s Office in Washington, D.C.  Unlike most referrals, this comes after an extensive investigation of McCabe where the IG, and the Office of Professional Responsibility, made unprecedented recommendations against McCabe after concluding that he lied repeatedly for his own personal interest.  It also follows a public statement by former FBI Director James Comey and McCabe’s account is untrue.  That will put a great deal of pressure on U.S. attorney for the District of Columbia, Jessie Liu, who President Trump appointed in July 2017.  Given the charges against others, like Flynn, McCabe is in a particularly bad position for such a referral. It now appears that McCabe will ask for more donations from the public.

Here is the column:

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Liar, Liar, DOJ On Fire? Comey and McCabe Offer Sharply Conflicting Accounts

440px-Comey-FBI-PortraitAndrew_McCabe_official_photoI previously wrote that President Donald Trump has the curious skill of bringing out the worst in his critics.  In the last two weeks, two of Trump’s greatest critics have not only faced their own investigations into leaks by the Inspector General (and McCabe is now the subject of a criminal referral for prosecution), they are increasingly at odds with one another. It is clear that either Comey or McCabe is offering a false account of leaks from the Justice Department.  With McCabe now promising defamation lawsuits and the possibility of a prosecution, this could get much worse before it gets better.

 

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Comey Explains His Investigative Basis For Saying Trump Is “Possibly” Being Blackmailed By The Russians

440px-Comey-FBI-PortraitI previously criticized former FBI Director James Comey for his declaration that President Donald Trump is “possibly” under the influence of compromising information held by the Russians.  There has of course been considerable speculation about “Golden Showers” and Russian prostitutes. However, when the person who once headed the investigation pointedly discussed the possibility, it suggests something more than speculation.   It turns out that it was based precisely on that . . . speculation.

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Comey’s Tell-All Book Tells All You Need To Know About Comey

Below is my column on the Comey book and ABC interview.  Comey continues to paint the book as a calling for him to supply an account of ethical leadership — himself — as opposed to cashing in on a tell-all book.  The book and the interview speak for themselves.

 

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After The Inspector General Report, Questions Grow Over The Lack Of A Criminal Referral For McCabe

McCabeJustice Department Inspector General Michael Horowitz has released his watchdog report on the conduct of former Deputy FBI Director Andrew McCabe and it is scathing.  As I discussed in an earlier column, McCabe took the unprecedented step of a top former FBI officer of asking for donations on GoFundMe and racked in more than half a million dollars.  He notably raised the money and then closed the site not long before the release of the report showing that he repeatedly made false statements to investigators as well as Comey.  It was like creating a victim fund before police concludes whether you were attacked or the attacker.  Horowitz did not convey any doubt as to McCabe being the culprit.  He and his career staff found that McCabe not only lied but did so to advance his personal — the public’s — interest. If that is the case, it only magnifies the concerns over the treatment of McCabe as opposed to the Trump officials (like Michael Flynn) who he once investigated.  The fact that he had the audacity to raise a half million dollars before the facts were made public only heightens these concerns.

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McCabe Alleges Other DOJ Officials Leaked To Media And Questions Comey’s Value As Witness

McCabeFormer acting FBI Director Andrew McCabe responded angrily to the finding of the Inspector General report and notably attacked the recollection of former FBI Director James Comey as a witness.  As I discussed in an earlier column, McCabe raised over a half million dollars on GoFundMe before the release of the report showing that he repeatedly made false statements to investigators as well as Comey.  The report by Inspector General Michael Horowitz, appointed by President Barack Obama is blistering and says that McCabe intentionally lied to protect his image and record.  McCabe lashed out at the career officials behind the report and said Comey’s countervailing memory should not be given much credence.

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Bang, Bang, Boom: The Risks Of Firing Rod Rosenstein


Below is my column in The Hill newspaper on the danger of President Donald Trump firing Deputy Attorney General Rod Rosenstein. Reports still indicate that Trump is pushing to fire Rosenstein — a move that would seriously undermine both his political and legal position.

Here is the column:

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A Plot Thickens: Berman Recused Himself From Cohen Investigation

600px-US-DeptOfJustice-Seal.svg DOJYesterday, it was disclosed that Manhattan U.S. Attorney Geoffrey Berman recused himself in the probe of President Donald Trump’s personal lawyer Michael Cohen before the raids on his home, office, and hotel. The recusal raises obvious concerns and a range of theories.  Given the overarching public interest in this investigation, Berman should disclose the general basis for the recusal.

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Mr. President, If “Many People Have Said You Should Fire Mueller” . . . Many People Are Wrong

440px-Director_Robert_S._Mueller-_IIIdonald_trump_president-elect_portrait_croppedPresident Donald Trump  renewed his public discussion over firing Robert Mueller after the search of his lawyer’s office, a move that would be the single most destructive act since  . . . well . . .  Trump fired James Comey.  It would not only not stop the investigation but it would expand calls for impeachment.  The statement clearly thrilled many of his critics who relished the idea of the largest unforced error in history since New York Giants center fielder Fred Snodgrass blew Game 8 of the 1912 World Series with the Boston Red Sox.  Of course, dropping that ball cost New York the World Series. This could cost Trump his presidency.  I have a column out this morning in the Hill on this issue.

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The Curious Case of The Andrew McCabe Legal Defense Fund

Below is my column in the Hill newspaper on the curious timing of a legal defense fund for Andrew McCabe — started and closed before the release of a report on his conduct.  With the sentencing of the first Mueller defendant, Dutch lawyer Alex van der Zwaan, there are obvious questions of why people like Flynn and van der Zwaan should face prison for single false statements while McCabe is accused of lying four times, including twice under oath.  Mueller’s office insisted that anyone who lies to investigators deserves to be sentenced and punished, but that standard appears to change be somewhat fluid when a former high-ranking FBI official is implicated.  Nevertheless, I can certainly understand McCabe’s interest in a legal defense fund given the ongoing IG investigation and addition of a prosecutor to the team.  However, the money was raised before donors could know the full account of the allegations against McCabe. Moreover, McCabe can use this money for any legal needs as he enters private life.

Here is the column:

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