So, a leaked memo fell into the hands of the New York Times one which lays out President Trump’s defense in utter defiance to the Mueller investigation, claiming the president can’t be charged for his possible crimes because he’s the president and presidents can’t obstruct justice. In other words, Trump is pinning his hopes on the legal world losing to the populist base who honestly would allow Trump to put a gun to someone’s head on 5th Avenue and shoot someone. The legal world dispensed with this argument long ago.
Some laughter ensued, though it is muted, because the stakes couldn’t be higher, and Trump has “won” things he’s supposed to have lost long ago.
Who better then, to comment on the strategy, than the prosecutor who first encountered the same argument when uttered by Nixon.
“First of all, the whole idea that he can’t be charged with obstruction of justice—the last time that ever happened in this country is when we were ruled by King George. That’s what the whole rule of law is about. The president has to faithfully execute the laws. If it he winds up having the corrupt intent to put the kibosh to an investigation, that’s obstruction of justice. If I advise someone to take the fifth amendment that’s fine. But if I do it with the corrupt intent to cover up crimes I committed, that’s obstruction of justice. That applies to the president. The U.S. Supreme Court said no man is above the law.”
Another Watergate prosecutor, Barbara L. McQuade, did one better by asking how this got leaked in the first place, because that is a very interesting question:
“Whenever there’s a leak, I ask myself, who might have had a motive and what purpose,” she said. “It may be that Trump’s legal team isn’t interested in convincing Mueller but in getting this conversation out in the public arena.”
That is as good a guess as any. But, I disagree (but please keep in mind, I have never been a federal prosecutor, nor am I an attorney with her experience. I haven’t prosecuted a president, yet.). I think this could come from one of Trump’s enemies within. This sounds much more like a person who wants the world to know that even Trump knows he committed crimes, and he’s going to rely on raw power to get his sorry ass out of it.
We have been told time after time that Trump has not endeared himself to staff. Yes, he has loyal staff members, Steven Miller would suck Trump’s golf club clean, and Ivanka would …never mind. But, Trump also alienates people, and those people might well be the ones leaking a document that – as a BASIS for a legal strategy – essentially admits that Trump did the deed, he just can’t be charged. That to me is every bit as likely.
If you need proof this hit close to home, Trump even tweeted about it.
There was No Collusion with Russia (except by the Democrats). When will this very expensive Witch Hunt Hoax ever end? So bad for our Country. Is the Special Counsel/Justice Department leaking my lawyers letters to the Fake News Media? Should be looking at Dems corruption instead?
— Donald J. Trump (@realDonaldTrump) June 2, 2018
Whatever you say, Ace. No collusion, except by the Democrats. And, I’ll bet this very expensive, but less expensive than your trips to Florida and “rallies,” will end much quicker if you go and sit down with Mueller and spend an afternoon answering questions.
Any day now, right?