Category: Politics

Did Mueller Withhold Evidence From Michael Flynn?

440px-Michael_T_FlynnThe court order for Special Counsel Robert Mueller to share exculpatory evidence with former National Security Adviser Michael Flynn has raised intriguing questions about whether evidence might have been withheld from Flynn before his plea deal.  As I stated on air, I do not believe that the issuance of this order by Judge Sullivan should be assumed as evidence of any second thoughts by Flynn. As I state in my column below in The Hill newspaper, I do not see a real option for Flynn in trying to undo his plea deal. However, the disclosure of the evidence could raise questions for Flynn.

Here is the column: Continue reading “Did Mueller Withhold Evidence From Michael Flynn?”

Missouri Governor Charged With Felony Invasion of Privacy In Bizarre Affair

1519343017060Missouri Gov. Eric Greitens is now the state’s chief executive and its most famous accused felon.  On Thursday, the Republican governor was indicted for  felony invasion of privacy in a truly bizarre affair from 2015. Greitens, 43, is accused of involuntarily restraining a woman in an affair and taking pictures of her naked as leverage over her.  The indictment occurs when nude pictures are also being raised in Nashville as possible evidence against the Mayor Megan Barry, who is also embroiled in a scandal over an affair.

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Mueller Files New Manafort Charges As Investigators Look Into Alleged Quid Pro Quo Deal Of $16 Million Loan

440px-Director_Robert_S._Mueller-_III-1Paul Manafort has been something of a target rich environment for Special Counsel Robert Mueller who has piled on an assortment of charges for financial and fraud crimes.  The charges were not much of a surprise for many of us in Washington where Manafort has long held a reputation for dubious clients and practices.  Indeed, as discussed before, it is astonishing that Donald Trump selected Manafort to head his campaign when minimal vetting would have revealed his controversial history and clients.  Now Mueller has now filed greatly expanded charges against Manafort and Gates.  There is a new allegation of mortgage fraud but one recently disclosed inquiry could present an even more serious issue for Manafort and the Administration.  All of the past charges have been unrelated to election or the campaign.  The new allegation is no exception, but it does involve the Administration in Manafort allegedly securing a $16 million loan in exchange for an appointment of the banker to a prestigious Administration position.  Mueller is reportedly seeking information on the appointment of Stephen Calk to Trump’s council of economic advisers in August 2016. He is the president of Federal Savings Bank and gave Manafort the over-sized loan. As discussed in my most recent column, this is why I have been arguing the financial allegations are more important to watch than the collusion allegations.

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Even Without Collusion, Serious Threats Remain For Trump In The Russian Investigation

440px-Director_Robert_S._Mueller-_III-1donald_trump_president-elect_portrait_croppedBelow is my column in USA Today looking at the array of threats still present for the Trump White House even if collusion fades as part of the Russian investigation.  There still could be evidence discovered or disclosed on collusion. However, after multiple indictments, pleas, and a year of investigation, we have not yet seen any credible criminal allegations linked to collusion.  As many on the blog know, I have long been skeptical about the real likelihood of a criminal case based on collusion or obstruction against President Donald Trump. However, even if collusion does recede as a threat, there remain significant areas of risk for the President.

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Durham District Attorney Dismisses All Charges Against Defendants Who Destroyed Statue In Public, Premeditated Act

cfakepathmugshots212_20170816_180608-e1502929057745We recently discussed the decision of Durham District Attorney Roger Echols to drop felony charges against protesters who destroyed a civil war monument in a premeditated and videotaped crime.  The popularity of the crime was obvious as voters rallied around the accused — support that some have alleged pressured Echols to reduce the charges to mere misdemeanors.  That reduction however was still criticized by the defendants and their supporters. Now, after an unfavorable ruling by a court, Echols has dropped all charges against defendants who not just committed criminal acts on camera but proudly proclaimed their guilt.  It is hard not to view the outcome as an example of popular crimes enjoying a level of immunity.

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Singular Demotion: Trump Tells Citizens “Ask Jeff Session!”

jeff_sessions_official_portraitYou know you are on the outs with the President when he not only unleashes an army of citizen trolls on you, but demotes you from plural to singular.   President Trump posted another controversial tweet this morning in asking why he is being investigated but not his predecessor or the Democrats. He tells supporters to Just “Ask Jeff Session.”  Attorney General Sessions appears to still be the persona non grata and, if anything, diminishing by the day.

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Former Breitbart Spokesperson: Trump’s Lack Of Response To The Russians Is An Impeachable Offense

donald_trump_president-elect_portrait_croppedI have previously written about the endless calls for impeachment from Democratic members for everything from Trump criticizing NFL players to comments made about protesters to his reference to “shithole countries.”   The Framers saw the great abuses caused not only by tyranny of nobility, but tyranny of the majority. They sought to insulate our government from the transient impulses of politics. The danger has been repeatedly shown by members who see virtually any act or comment by Donald Trump as a case for impeachment. It is a trend toward what I have called “the no-confidence impeachment” option and it is not only an abuse of our constitutional standard but a dangerous trend for this country.   The latest grounds for impeachment was stated by former Breitbart spokesperson Kurt Bardella who was also spokesperson for Rep. Darrell Issa, Rep. Brian Bilbray and Senator Olympia Snowe.  It appears that the failure to take additional actions or “accept” the fact of Russian interference is now grounds for impeachment and removal from office.  His article appears in USA Today entitled President Trump’s Russia Denialism Is Grounds For Impeachment.  (For full disclosure, I also write for USA Today).

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California City Bars Revolutionary War Reenactment From Using Muskets

Surrender_of_Lord_CornwallisCall it the “shot never heard around the world.” Elk Grove, California has earned national ridicule by preventing the Elk Grove Historical Society from holding a Revolutionary War reenactment with vintage flintlocks.  City officials ruled that the reenactment would violate a ban on firing a gun in city limits, defined as “Use, maintain, possess, fire, or discharge any firearm.”  It does not seem to matter that the guns are black powder muskets used in a performance.  Would the city take the same position with a Hollywood production?

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NOAA Data Shows Arctic Ice At Its Lowest In 1500 Years

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We have been following the overwhelming evidence of drastic climate change, but few studies are as striking as the most report from NOAA’s Arctic research program.  The annual Arctic Report Card  that we have reached the highest loss of Arctic ice in 1500 years. Recently discussed the controversial statements of Administration officials like Energy Secretary Rick Perry on the U.S. offering a better future through fossil fuels.  These studies show a potentially catastrophic future as our climate continues to change exponentially.

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Russian Indictments Are Long On Chicanery and Short On Collusion

fa0f116753ca535f6304144908b8b67e--russian-posters-propaganda-artBelow is my column in The Hill newspaper on the implications of the Special Counsel indictment of 13 Russians and the express statements of the Special Counsel and the Deputy Attorney General that there is no evidence of any American knowingly working with these Russians.  This indictment addresses the core of Russian hacking and misinformation campaigns by the Russian government.  The admission of no evidence of collusion is notable and significant. As I mentioned in the column, that does not mean that the investigation will not go forward, including pursuit of any collusion between the Russian and the Trump campaign. However, after a year and multiple pleas, none of the indictments have established the alleged nexus between the Trump campaign and the Russians.

There still remain a number of potential threats for the White House from new collusion evidence to financial-related crimes to new allegations stemming from the alleged payoff of former lovers.  However, while Rep. Adam Schiff is still insisting that there is ample evidence of collusion and obstruction, the core (and original) allegation against Trump has moved little in terms of real evidence (at least evidence made public).  Moreover, the evidence of the Russian campaign shows that it began in 2014 before Trump ran for president.  It seemed to target the presumed victor: Hillary Clinton. However, when Trump ran, it targeted Trump.  Both anti-Clinton and anti-Trump rallies were ultimately organized by the Russians to spread division. It was a curious effort since the country was already quite divided and the Russian-led protests paled in comparison to the massive anti-Trump rallies like the Women’s March or the continual protests over Hillary Clinton.  The most serious problem was not the trolling or the organizing but the hacking.

 

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“Very Sad”: Trump Suggests That FBI Might Have Prevented Florida Massacre If It Wasn’t So Busy Looking For Russian Collusion

downloaddonald_trump_president-elect_portrait_croppedPresident Donald Trump late Saturday night issued another highly controversial and frankly unfair tweet targeting the FBI.  Trump suggested that the FBI might have prevented the massacre atMarjory Douglas Stoneman High School in Parkland, Florida if they weren’t “spending too much time trying to prove Russian collusion with the Trump campaign.”  It is obviously a false association since the local and national offices dealing with such school threats are entirely removed by the Russian investigation. Indeed, the entire structure of the Special Counsel operation is designed to set it apart from Main Justice and other investigations.  The tweet is being condemned as politicizing the massacre as students are still being mourned and buried.  This includes some very angry responses from the surviving students.

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Does Trump Have an Edwards/Clinton Problem?

220px-john_edwards_official_senate_photo_portraitdonald_trump_president-elect_portrait_cropped225px-Bill_ClintonBelow is my column in the Hill newspaper on the implications of the scandals involving two women who have claimed affairs with President Donald Trump in prior years.  There are real risks here for the White House which has been issuing categorical denials.  Some of the greatest threats to a presidency come from the outer edges. That was the legacy of Bill Clinton whose adultery led to public dishonesty and ultimately perjury.

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Stormy Daniels Declares Settlement With Trump To Be Void And Promises A Full Account Of The Alleged Affair With Trump

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© Glenn Francis, http://www.PacificProDigital.com

images-2I recently discussed the highly problematic statement of Michael Cohen, the personal lawyer for President Donald Trump, that he paid off porn star Stormy Daniels (aka Stephanie Clifford) out of his personal funds. This admission did not necessary end the controversy over possible campaign finance violations but did add some thorny ethical questions.  One of the possible costs was to void the 2016 agreement itself. Both sides reportedly agreed not to speak publicly about the details of the agreement, but Cohen has now done so in media interviews. In response, Daniels is declaring herself free of any limitations and promising to tell her full story. There is also a story that Daniels has a dress that might have forensic evidence linking her to Trump (sound familiar?). She is reportedly shopping her story.  What a mess.  This is the result of a combination of bad lawyering, publicity seeking, and what appears strikingly dishonest public statements.  Non-disclosure agreements are tricky things since the parties will often dance around a breach in the hopes that the other party will trip the wire in response.

The danger for Trump is that Cohen, as previously described, has left him open to an allegation similar to the one that resulted in criminal charges against John Edwards — the use of a third party to conceal an affair as a circumvention of campaign finance laws.  Mueller could conceivably ask about such payments as a possible crime — putting Trump in the same position as Bill Clinton.

 

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Warren: I Am Part Native American

Screen Shot 2018-02-16 at 7.48.08 AMSen. Elizabeth Warren made a surprising appearance at the National Congress of American Indians this week and made an even more surprising statement that she is indeed part Native American.  I have been critical of the use of this label (and name calling generally) by the President and others.  Yet, the sudden discussion of the controversy was unexpected by Warren.  The assumption for years is that Warren had backed off from this claim made during her academic career. She was counted by by two law schools as a Native American.  Indeed, we first discussed this issue when Warren was still an academic and her claim that claiming to a Native American offered no advantage to her career.  The speech comes at an interesting time for academia where more schools are allowing students to not simply choose their gender (or non-gender) but also their race.

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Bannon Moves Closer To Contempt In Defying The House Intelligence Committee

downloadI have been critical of the House Democrats on the Intelligence Committee, particularly for their claims of highly sensitive material in the Nunes memo (which turned out to be facially devoid of such material).  However, I believe that the Democrats (and some Republicans) are on solid ground in considering a contempt sanction against former White House chief strategist Steve Bannon.  Bannon has refused to answer questions on the grounds of executive privilege but the White House has not asserted executive privilege in prior hearings as far as we can tell. He simply says that he was told not to answer questions. After failing to appear before the Committee or to answer questions previously, Bannon was already looking at a serious possibility of contempt.  He then showed up yesterday with a list of 25 questions that he was prepared to answer “yes” or “no.”  Bannon spent 20 hours with the Special Counsel’s investigators but gave monosyllabic responses to a congressional oversight committee and then refused to answer material questions. That sounds a lot like contempt to me.

 

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Res ipsa loquitur – The thing itself speaks