Question / Concern: Can a prosecutor, such as Whitaker, legally share any information from an ongoing investigation, with the subject of that investigation, such as the president?
5
It is obvious that Mr. Trump knows the is skating on thin ice. His recklessness shows that whatever the perception, whatever the criticism, whatever the consequences, the present situation is preferable to the actual truth. It is obvious that Donald Jr. colluded with the Russians, the theory that he never mentioned the July meeting to his father before it happened is farce. Ipso facto; Trump colluded with the Russians. This absolutely embarrassing, mentally crippling revelation would be fatal to Trump's presidency, his persona, and his family. So anything other than that is perfectly fine.
5
Unfortunately it appears Trump and his 40 Thieves have Cart Blanche to inflict more damage until the new Congress convenes in January and Democrats take over House leadership. Whatever these malevolent vandals do, it's clear from the swiftness of their post-election moves that they've been planning it for some time. For now, a vile force appears to have the upper hand.
3
Mueller could actually hold onto every report and indictment he is ready to release for 2 months until the new Congress gets sworn in. Then if he gets denied anything from Whitaker, he could report his denial to the leaders of the House.
6
It seems wrong that an investigation paid for by taxpayers can kept secret. But secrecy might be appropriate if Trump's wrongdoing is so extensive it would create a national crisis with his supporters unwilling to accept facts they don't like.
4
We need to be clear that we will prosecute treasoninto the indefinate future. None of these people will be allowed to escape, regardless of thei machinations to wiggle free, including Trump.
2
In the mid 1980's, the Rotary Club of which I was a member sent a couple of its members to a small city in the Russian Republic to provide support in setting up a Rotary club in that city.
On their return, they told the club members that during their presentation to Russian businessmen on the founding principles of Rotary, one of the audience put up his hand and asked "What are ethics?"
I thought it was quite funny at the time. But it sure doesn't seem so funny now. Who in their right mind would look to America now for leadership on ethical issues?
3
Its really too bad collusion is not a crime. Its even worse now that the Senate is solidly Republican. But then, the House can keep the investigations going and bring forward a bill of impeachment, and loose in a trial to a Republican Senate.
Collusion would include issues of conspiracy and also being an accessory to a crime.
When Trump claims no conspiracy, he ignores issues such as conspiracy and being an accessory.
I am sure Mueller will ignore the Trump semantics and find if there has been criminal activity by Trump or his team. That is what Trump is so concerned with.
If Mr. Whitaker decides to stop funding the continuing Mueller investigation, I along with many patriotic citizens would surely and happily contribute to a GO FUNDME to pay the bill. It would be the best money ever spent to secure our country from enemies "foreign or domestic."
10
Yet again, it seems this dystopian administration is employing, or seeking to employ, tricks, loopholes, and deceptions never before even contemplated -- not even in the Nixon twilight, or the dominance of "Dick" Cheney in the Dubya era. Perhaps the best thing would be for Mueller to hold off submitting his report until after Jan. 3, when the new Congress is sworn in.
5
Participate in the national, general strike when Trump has Mueller hamstrung/fired.
Don't buy anything, unless absolutely required to sustain life, until Mueller is up and running again.
They'll hear that...
7
Trumps firing Sessions was predicted. The abuse of power is unacceptable as is the demeanor to us all as well as historic allies. Matt Whitaker is unacceptable and is a Trump loyalist as noted prior. There is no question about whether he should recuse from the Russia investigation, “given that he has written opinion pieces in the past about the investigation, and is a friend and political ally of a witness.”
This is the Trump our of control behavior coupled with a Pence / GOP conspiracy to obstruct. Good minds gone awry, away from amidst greed and power. Trumps attacks in the press yesterday, like a dictator- the removal of respected journalists press credentials, the insulting racist comment to an appropriate question, the bullying of a reporter with an accent, the vengeance and open hate with reactiveness to criticism. Freedom of the Press? U. S. Constitution? Meaningless to him and now to be manipulated by Whitaker. The threat to Congress about what they can or can’t do or else! He’s a psychopath - Lack of guilt/remorse, Lack of empathy
Narcissism, Superficial charm, Dishonesty, Manipulativeness, Reckless risk-taking. Mental health professionals hear enough of him to see the diagnosis. Unfit for office.
Whitaker joins the obstruction of justice crew of the administration. It’s a corrupt Trump corporation.
The Congress needs to do everything they’re supposed to, investigate, hold hearings with subpoena power and all. Mueller must do what he is supposed to do and has been!
5
" It does not take a lawyer or even a former federal prosecutor like myself to conclude that investigating Donald Trump’s finances or his family’s finances falls completely outside of the realm of his 2016 campaign and allegations that the campaign coordinated with the Russian government or anyone else. That goes beyond the scope of the appointment of the special counsel,” continued Whitaker in the piece.
I am a layman, please explain why it is outside of the realm if the alleged party had financial favor from the Russian government.
11
No, it just takes an idiot to say what you just said. If Trumps finances were involved in the Russian collusion, then they are fair game. Pretty clear to me.
5
It is very simple: Trump ran his organization through his campaign, and revealing his connections to Putin and the House of Saud could make him subject to impeachment, as he could be, already, for his blatant misuse of Trump Charitable Trust funds as a slush fund.
Therefore, as an aid to converting this country to the autocracies Trump admires, any investigation leading to proof the King committed High Crimes and Misdemeanors, including dispatching the Army to serve as a law enforcement agency on US soil, blatantly unconstitutional, must be outside the scope of the investigation, for l’etat se Trump.
But he may face some rough sledding even with the Trump Supreme Court, agreeing with John Jay, our first Chief Justice that the court us an inferior branch, and cannot declare laws unconstitutional, etc. Even newly appointed Justice Kavanaugh would take issue with having his legs cut from under him, and would probably agree with Third Chief Justice John Marshall that the three branches are co-equal.
I warn the Pentagon of the penalties for obeying an unlawful order and suggest the Joint Chiefs of Staff might want to pull troops off the US side of the Mexican border and consider convening a court marshal of the Commander in Chief- he is NOT above the law - yet.
4
It is called motive.
End game; Trump will stop the Mueller investigation. Dems can have Mueller live on TV in Jan. But; what will America do with Mueller's info? Probably not much. America; your Dictator has arrived. Ray Sipe
4
The Congress needs to do everything they’re supposed to, investigate, hold hearings with subpoena power and all. Mueller will do what he is supposed to do and has been doing!
Everyone should read the commentary in today's NYT by Neal Katyal and George Conway III regarding the appointment of a temporary replacement for an official who reports DIRECTLY to the President. The appointment of Mr. Whitaker is illegal and any actions he takes are invalid. Very important commentary to read!
6
Perfect.....A political hack who has openly called to question the validity of the Special Counsel’s investigation. The only question is whether the Senate controlled by Republicans will find this inappropriate. Don’t hold your breath. January 3rd needs to hurry and get here.
2
What bothers me, as an outsider, is that so many US voters don't care that Trump was helped into office, either wittingly or unwittingly, by a foreign power. If they had cared they wouldn't have voted for his party in such numbers at the midterms. How do you get past such willful blindness?
Mind you, we're seeing the hand of the London-based Russian ambassador in Brexit and few in the UK seem concerned over that so, I guess, we're all capable of not seeing what we don't want to see.
1
Presidential powers must be reigned in.
1
I'll go out on a limb and predict that the future House Dems will treat this with kid gloves on, afraid of offending anybody, Trump, his base, the country, and Trump will continue to get away with his crimes.
The public will answer in 2020 with a Dem president and a Republican house. And so it goes....
1
Hi Mitch.
Do you think now there is a need for shield legislation to protect Muller? If not now, when?
8
Are they Russian bots or Trump loyalists? Doesn't matter. The prevalence and frequency of comments claiming nothing to see/it's appropriate to shut down the Mueller probe is telling. NYT readers are too smart to fall for such tactics. While one must acknowledge the possibility that the Sessions firing is not obstruction of justice and that the Mueller probe is a witch hunt, those possibilities are so remote that prudence demands that we treat the firing of Sessions at face value and let the Mueller probe run it's course. Still in doubt? Ask yourself these questions:
1) If Trump is innocent what is the harm in letting the probe continue?
2) If Trump is guilty what is the harm in ending the probe early?
3) Do you trust a liar to tell you the truth?
4) Why would you believe the people who brought us Whitewater, Benghazi and the Birth Certificate imbroglios when they say the Mueller probe must end?
5) Can you smell a gaslight?
12
I can see where a crowd funding effort to make up
for the money whitaker is going to cut from Mueller's
investigation would generate a ton of contributions...
There will surely now be streams of stories from the "inside"
about how whitaker is choosing to gum up the investigation, all to be covered by f-x either with gleeful approval
or not at all. These will be countered by leaks about
the findings so far, which can then be used to justify constraining Mueller even more by those "very disturbed"
about the leaks, even when they are the ones at the WH
who are responsible.
There will surely be deep concerns from within congress. But
really, with the Senate now strongly reinforced by trumpican loyalists (why else did trump go all out for Senate candidates?), what pushback can the House actually hope to achieve that wouldn't lead to a tit for tat that would easily go out of control quickly and
escalate into a genuine constitutional crisis sooner than later?
In that case, since the Senate will not vote to impeach, the
end game would be as in '98.
In the meantime, when effort is made to force whitaker to
recuse based upon his earlier record of opposition of
the investigation, and he stands pat, what will be the outcome? Likely nothing. Is it worth trying? Why not.
Presumably some more can be made of the investment
scams the company, on whose board he sat, paid a fine. He
did flex those biceps of his by threatening at least one
complainer. Are there others?
2
Now,..why would there be any mechanism available for Trump to shut down the investigation into Russia-Trump collusion?
1
Wouldn't it make sense to highlight what can be done to mitigate attempts to thwart the investigation alongside questions addressing the damage Whitaker can wreak?
This was buried in a story in the WP. There is absolutely nothing that I can see on it in the NYT:
"Sen. Richard Blumenthal of Connecticut called Wednesday’s events 'a break-the-glass moment' and said he would be introducing legislation to protect Mueller’s work."
Please NYT, when there are threats of any kind, whether to life or democracy, include potential solutions with an urgency as great as you devote to the existence and scope of danger.
8
Recusing yourself is not in itself a breach of contract, infact it is showing best practice, something which would not occur to POTUS. History will judge AG Sessions as the fall guy whose crime was to do the right thing. This state of affairs seems quite clearly an obstruction of justice. Installing Whitaker the confessed poacher as gamekeeper, needs urgent oversight, not least to preserve the findings so far. Any AG must uphold the law and act on actionable crimes and misdemeanours. I don’t believe Whittaker would be stupid enough to do Trump’s bidding by obscuring high crimes. The appointment alone shows utter contempt for this great office of state. These are unprecedented times and Congress needs every legal mind it can muster, to rein in and check these actions, which would not be amiss in a fourth-rate banana republic. I don’t understand why POTUS is inviolable. The new crop of congressmen and women must not stand for this shabby and murky state of affairs. They must act swiftly and within the law to stop this abuse of power.
6
nothing clear - what kind of constitution are we guided by then under such corrupt act by the president?
5
I think it's likely that any report Mueller submits will be kept secret by Whitaker, who I am sure will make the broad claim of this secrecy being "in the best interests of national security," as they all say. Democrats will demand the report, Trump will claim executive privilege. Imagine a US President claiming executive privilege to hide the results of an FBI investigation of himself. But Trump's supporters and enablers will go along with it, as will the passive GOP, as long as Trump can be their useful idiot.
5
Mr. Whitaker takes steps at his own peril, for obstruction of justice. As Lawrence O'Donnell (he is a lawyer and so am I) mentioned on his show last night, Mr. Whitaker himself could be:
1. Hauled before the new Democrat Congress, under oath, and under subpoena, to report publicly on his activities. If he lies, he could be indicted for perjury;
2. If he is obstructing and has had conversations with the president directly, he could clearly be exposed for obstruction of justice prosecution and he could expose Trump to further obstruction of justice criminal exposure.
3. Recall that President Nixon's Attorney General went to prison for his role in Watergate, so this is very possible. Whitaker could be later prosecuted under a Democratic administration, two years from now.
Whitaker also has his hands tied or is potentially constrained to some degree, not fully fleshed out in this article. Mueller could challenge, in court, any action against his office and would have a reasonable chance of squashing any activities to curtail or end the investigation. The entire reason, in the first instance, for having Special Counsel here is because the Justice Department serves under the president being investigated and has a conflict of interest.
The Russia investigation is here to stay. Even if Mueller is fired and loses in court. There are 17 lawyers perhaps as many as dozens of FBI agents working on this. They cannot be stopped without criminal repercussions.
11
Sometimes you have to play a long game; especially in the case of treason. If Trump can't be investigated now, then later will work for me as well. He's acting too guilty to be ignored.
8
'Under the regulation, if Mr. Whitaker were to block any of Mr. Mueller’s steps, Congress must be notified.'
Does this mean that the majority leaders in Congress are notified? Both Senate and House? If so, any blocks Whitaker puts on between now and January will likely fall on deaf ears with the GOP and never be known.
Perfect timing for Trump, isn't it?
3
Jeff Sessions is almost as dirty as Comey was. He was deeply involved with private prisons and prosecuting marijuana users as felons. The problem here isn't what happens to the Mueller investigation. The problem is that we have so many corrupt criminals in our govt. and when they are fired they are guaranteed not to be prosecuted. Sessions should have been carried out of the justice department in chains and shackles to await a full investigation in prison. He is too much of a flight risk. His wealth should be confiscated and he should be forced to repay the salary he has been taking from the govt. for his whole life to enrich his private coffers. People such as Sessions are poisonous to our society and should be treated accordingly.
3
How in the world would Mueller ever do any investigation when the money factor is left out? What drives most criminals?
If Trump's financial ties have any implication on his duty as presidential, whether money affects policy or whether money is used as incentive for any quid pro quo, or power position, it is dangerous for US citizens.
Follow the money. It already has led to indictments from the campaign chair, deputy chair, personal lawyer, and campaign advisor. Chances are it will also lead to Trump himself.
6
There are many frightening, yet "interesting" aspects to this. One, who knew that so many abuses of power were possible in this country? We pride ourselves on checks and balances, and yet, it appears there are none. The Trump presidency has exposed many fallacies about this country, one being: the fairy tale nature of what we all believed America to be. Fair, morally upstanding, and a model democracy.
Second, these actions by Trump only serve to embolden his base and GOP supporters. They absolutely love performances like this, and the disastrous press conference yesterday in which he berated a civilian and declared the press the enemy of the people. He paced the stage in a deranged anger fog, and I'd be willing to bet he lost exactly zero supporters after that performance. An unstable man is running this country, and it appears the majority loves it.
Trump and current GOP leadership have also exposed a population previously believed to be grounded in some sort of collective good sense and reason tied to American principles. We now know this never existed in the way we imagined. Take a look around you -- do not project your own critical thinking skills and willingness to see the truth honestly on others; we know with certainty now that those willing to speak truth to power are -- and were always -- in the minority.
The final chapter awaits to be written. How will this all end? Only time will tell.
17
I wonder whether the departed White House Chief Counsel, Don McGann, during those shockingly revealed 30 hours privately spent with the Mueller investigators months ago, provided them with a Trump Administration future "roadmap" to the present firing of Sessions, and the appointment of an interim A.G. who would attempt to curtail that probe in various ways. As has been often stated, none of us knows what the ultra-secret Mueller team knows, and is vigorously prepared to act upon. The serious legal exposure of numerous White House officials could come to pass. Chess vs. Checkers, once more!
1
Whitaker needs to recuse from the Russia investigation based on his past public comments - including an Op-Ed and obvious bias against it.
4
Trump is a critter of kneejerk reactions, spontaneous tweets and simplistic one-liners. He can't be thinking things through this thoroughly on his own (reading through the Vacancies Act to find the 3rd option, planning the timing of steps post-election but before the Dems take control of the House). He has to be discussing all this with someone.
If it's White House staff or lawyers, they should be subject to investigation and questioning by the House. If it's his personal lawyers or advisors, they should be subject to FISA wiretapping and warrants just as Cohen was. It should be possible to find someone who would confirm a plot to interfere with the investigation and/or fire Mueller.
5
How about we offer Julian Assange a "conditional pardon," with the condition being he comes here and tells us all about those leaks he had.
He can get out of the Embassy and be the center of attention too. All he need do is end this.
It would work.
3
What can Congress do right now to protect the investigation? As another reader suggests, that should be the first question.
3
Trump is an inveterate criminal. The plot thickens.
2
The Coup is now official.
6
Anyway, no matter Trump will do, Muller's report will reach the public, either by DOJ, House of representatives or... leak.
But since Trump is Dumb, he will try to censor it, wich will make the matter worst.
:popcorn:
1
I think that I shall never see
Anything as deserved and lovely
As a Trump in an orange jumpsuit.
12
Farewell without tears for an AG who never lifted a finger of hope and solace for children, teens or adults with disabilities, handicaps, or gender identification.
4
Honest question: could Mueller and his team decide to pursue this case pro-bono? And could we American citizens donate to support them somehow?
If Whitaker's plan is to fight dirty and starve out the investigation, it seems absurd that we can't counter that with citizen donations.
7
I would not underestimate Mr. Mueller. He is nobody's fool and is obviously seeking justice. To date he has seemed one step ahead of the Trump administration every time.
While I am very fearful that Whitaker as a Trump loyalist will do what he can to subvert the investigation, Mueller's record to date has been impeccable - many indictments, many plea deals, no leaks. We have not yet seen the results of his investigation of Cohen, Flynn, or Manafort, among others.
I am cautiously betting on Mueller, and democracy.
11
Now we'll see what the Democrats are made of when Whitaker cuts off Mueller's money. You can depend on Chuck Schumer whispering his objections. But Nancy Pelosi will have her time and you'll see her go to war. Will the others follow?
2
Mr. Whitaker is right to say that investigation into the finances of Trump and his family is not within the domain of Mueller investigation. In the process of investigating the Russian interference in our elections, if he finds some irregularities, he refers them to federal prosecutors in the appropriate jurisdictions. Reducing the budget to the point that kills the Mueller investigation amounts to obstruction of justice, that should result in impeachment of the Trump.
1
@Kodali
Trump and his family have many business connections with Russia/Russians. Thus, the finances of Trump and his family are absolutely within the domain of Mueller investigation.
5
It is obvious that the president is guilty of colluding with the Russians or he wouldn't be so desperate to shut down the investigation. He has already threatened the Democrats about launching any investigations into his or his families probable felonies. He openly is benefiting from foreign governments' garnering favor by staying at his hotels.
The Democrats should begin an investigation into the president's shady affairs ASAP. They won't be able to remove him because the GOP run senate will prevent that, but they can tie his hands in his eagerness to destroy our country with his backward thinking by loosening regulations to protect the environment and allowing his business friends to despoil our national lands. I hope the Democrats show enough backbone to do what is right and not yield to his threats. The president is the laughing stock of the world. We need to publicly expose him for the liar and cheat that he is and make America great by hobbling his presidency.
139
@S.L. I agree with you fully and 100%, and yet I also fear these latest actions will only embolden his base -- and the GOP -- further by cheering him on and allowing him to recklessly destroy any moral standing we once had. It's truly frightening how much Trump gets rewarded for improper actions like this and I wonder if the country will ever be able to stop it. And, make no mistake, although it would be a worst-case scenario for all of us, I think he will get reelected in 2020.
14
@Michael
Last time I checked, Trump's 53% and growing disapproval rating far surpasses his 42% approval. The whole world knows he has a blind eye to corruption.
And the WH cesspool grows bigger and deeper.
The more the American people, and the World, are given evidence of Trump's abuse of power, obstruction of justice and his long history of family's financial misconduct and illegal personal gain from foreign collusion, the more his base will erode.
And HOW, in the midst of this nasty trade war with China, did Ivanka Trump get China to approve 16 NEW TRADEMARKS for her this week? What did she promise China in return? Reduction in tariffs?
Equally stunning, ONE of these 16 new
approved trademarks was for a "VOTING MACHINE"???
Just in time for 2020!
21
Investigating orange gas should happen of course. There’s just so much stink there. But ASAP? Not so sure. I think the house ought to first begin legislating for the promises that got them elected. Health care, climate, fun reform, etc. Establish credibility through capacity and accomplishment THEN cut the investigative process loose - which takes a ton of time and resources. Otherwise they’ll risk their majority in the next round.
1
Clearly President Trump is exploiting our constitution. His reasons, unknown. Common sense says: He is hiding something self incriminating.
Mueller simply needs to keep his kindings internal until they can be revealed without fear of being burried by President Trumps administration.
Patience is virtuous.
1
So Trump rejects protocol after firing Sessions and appoints Whitaker instead of Rosenstein as acting AG.
Whitaker is on record as aspiring to work for Trump and has publicly defended Trump Jr.’s meeting at the Trump Tower to get opposition research on Hillary from a foreign adversary.
And meantime Noel Francisco (another Trump appointee who quickly rose in his ranks from Principal Deputy Solicitor General to Solicitor General) is set to be next in line to Rosenstein.
Noel worked for Jones Day, (as well as 14 other WH attorneys and McGahn, who is partner) who represents the Trump Presidential Campaign in the Special Counsel Investigation.
Jones Day also owes Noel $.5M.
Trump (McGahn) just secretly gave Noel an ethics waiver to be able to work on the Mueller investigation since he has so many conflicts of interest.
So now we have 1) a Trump partisan loyalist as AG and 2) an upcoming asst. AG who represents Trump’s Campaign team legally in the Special Council Investigation.
7
IMO, because we haven’t heard from Mueller in about 2 months, I feel he’s gotten a lot done with the investigation. I believe he focused on all of Trumps obstructions, financial affairs, every law that he’s broken, how many times he’s committed perjury, the treason, signed bills that were basically illegal, his racism, his misogynistic speeches, his inhumane treatment of immigrants (legal and illegal), alienating our allies while praising dictators, not denouncing white nationalists, pardoning convicts that shouldn’t have been, blaming every terrorist act on illegal immigrants (were all home-grown), lying how many thousands of times, Muslim bans, disrespecting world leaders, disrespecting the media, abolishing the EPA, animal abuse, promoting violence, pulling out of free trade and issuing sanctions, health-care, tax cuts for the 1%, abolishing women’s rights to choose and Planned Parenthood...wow, I could go on! How was it that he was and is still able to get away with all this, and so much more? He may not be guilty of collusion, but he’s definitely guilty of conspiracy to defraud the people, raising taxes for all but the 1%, obstruction of justice, taking an oath to defend our constitution. Threatening anyone trying to come into our country with the military, prepared to shoot. He’s nothing but a schoolyard bully, used to getting what he wants. He’s NOT above the law in our country! So, why haven’t we heard from Mueller? He had a lot of things to cover.
2
Whitaker has no sense whatsoever, if he feels the personal finances of Trump have no bearing on Russian engineering of invasive Intel in the campaign. This is what the primary focus is about, along with other inquiries. He will not fool the American people, and certainly not the law field.
This was a terrible and quick managed move without decent thought by Trump. When will the King have his corrupt reign ended? America, especially on the Conservative side, Wake Up!
3
The questions Savage gives himself were answered on CNN last night. I would have expected the NYT, writing for a more enlightened public the day after latest Trump stink bomb, would have progressed beyond quick sound bites.
The question that needs to be addressed is what can, what will Congress be able to do to protect Mueller at this time and after Jan 3. Angus King on PBS radio yesterday said Adam Schiff could "hire" Mueller and, thereby, put the investigation under jurisdiction of the House Intelligence Committee, come January. Roll Call published a similar strategy. How about that, NYT?
We need to know Congress' options so that we, the public, can pressure our politicians intelligently.
11
The writing is on the wall....as big as the letters on the Hollywood sign.
"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men, even when they exercise influence and not authority, still more when you superadd the tendency or the certainty of corruption by authority." John Dalberg-Acton
2
So now there's a question as to the legitimacy of Whittaker's interim appt given the Senate never confirmed him for this high of an official position in the Justice Dept.
3
This investigation was never going to oust Trump. Whether because Mueller gets shut down (most likely), because Congress fails to act across party lines to impeach Trump, or because the courts place him above the law in the end, the ONLY way to get rid of this cancer is to VOTE. HIM. OUT.
2
Appears to be the beginning of “ Night of the Long Knives” scenario as this convoluted genius weaves his well thought out web of silencing the Attorney Generals office once and for all....Pure genius!
2
@Moe Def
It's not Trump who thought it out, but Putin. There's your evil genius.
2
Move to Mr. Mueller. Perhaps it's time for the Special Counsel to issue the rest of the indictments and his report, before the acting Attorney General and lame-duck GOP House shut down the investigation or do it more harm. I can't see him being able to hold out for the Democratic House takeover in January.
The Game is On, and this looks headed to an ugly Supreme Court battle.
Mueller's report needs to be made public. Our democracy may depend on it.
98
@GreenTech Steve. By forcing Sessions out and replacing him with Whitaker immediately, Trump effectively foreclosed Muller’s issuance of further indictments and the public disclosure of his report. Whitaker was made gatekeeper as of yesterday, and if his previous public statements are any indication, he will be keeping that gate locked tight as a drum and will refuse bread and water to those laboring behind it.
14
@GreenTech Steve
No doubt Mueller's team has anticipated this day. And that he would embarrass Trump's team in a chess match. But Trump would be looking to simply turn the board over--one of his few 'specialties.'
2
So what's the difference between Mr Sessions who recused himself for being a Trump supporter, and Mr. Whitaker who won't recuse?
Mr. Sessions understands what a conflict of interest is, knows right from wrong, and chose to do what's right.
Mr. Whitaker has a huge conflict, based on statements he's already made against the investigation. He may know right from wrong somewhere in the back of his mind, but he also knows the Fuhrer expects personal loyalty. Doing what's right by recusing, would get the President's wrath but will not get Whitaker the nomination for permanent AG, so instead he'll do what's wrong.
Whitaker said the investigation should not become "a political fishing expedition". One has to wonder what his opinion was of Ken Starr's broad investigation of Pres Clinton; which started with a real estate deal and wandered around until it found dirt in Clinton's personal sex life.
7
@Mark Miller Sessions had a much more direct conflict of interest in the Russia matter, in that Sessions had been part of the Trump campaign and Trump transition team, which were/are subjects of the Russia investigation. Whitaker appears merely to be a political acolyte. But I would agree, his public statements regarding the over-step of the investigation certainly creates at least the appearance of a conflict of interest.
2
Trump values sycophancy in subordinates over competence or integrity. Mr. Whitaker is as qualified to serve as acting Attorney General as Dr. Ronny Jackson was to head the Veterans Administration. I hope Mr. Whitaker learns sooner than later that he is in way over his head. Jackson's appointment stemmed from laziness and expediency. The motivation here is obviously much darker. I hope Mueller and his staff have game planned for this contingency.
5
Trumps finances are clearly fair game when it concerns the Russia investigation because of any potential business ties the trump organization has with the Russian government or with Putin allies. Impeach trump if he interferes in any way with the investigation. Trump is not a king.
6
If there were any doubts of this president's intention to use the presidency as his personal power tool to vanquish his enemies, he dispelled them all yesterday.
He revoked press credentials of one reporter who asked uncomfortable questions and told a slew of others to shut up and sit down, labeling them "worthless" and "fake," their questions "ridiculous" and "racist," shouting down the free press generally as the "enemy of the people." He vowed "war" and a shutdown of the legislative process if the now-Democratic House exercises its constitutional oversight and opens investigation into questions whether he has used the presidency for personal profit and is compromised to a foreign power by virtue of megamillion dollar debt. Then he topped it off by installing someone to head the Mueller investigation who publicly called it a "witch hunt" that could be shut down by strangulation of funding and privately said he is currying the president's favor in hopes of getting a federal judgeship.
We're not talking autocratic "tendency" any more. We have an unabashed autocrat leading the United States of America, unconstrained by the Constitution's separation of powers, the First Amendment's guarantee of a free press or the rule of law, a self-made emperor who has vowed to use "his" Senate to crush the Democratic House in order to preserve his power.
How on earth can America retain its democratic soul if the GOP leadership merely finds it "odd" and sits back down on its hands?
16
Many in America, regardless of party, consider the inquiry complete, so it is time to end this tit for tat between parties. If Mueller hasn't found his 84 caret diamond by now, then it is time to start looking for the exit doors. And given that Jeff has left, maybe the doors are a lot clearer than before.
@Me Too And you voted for Brian Kemp, too, didn't ya.
Conspiracy. This is already a constitutional crisis. Anybody going to do anything about it?
5
Trump is not acting like he is innocent and he's still calling the press an 'enemy of the people' for covering his corruption. He really does admire dictators and he really is going to seize power as soon as he can - pro-business Republicans should know that it won't stop with minorities and reporters.
Enacting tariffs unilaterally is a beginning, not an end.
73
In appointing Whitaker interim attorney general, Trump bypassed a specific statute prescribing Justice Department succession in favor of a more general one regarding the filling of vacancies. Any lawyer worth his or her salt knows that specific laws govern over general ones. The president's move is more than "odd." It is against the overwhelming weight of the law.
23
I posted a comment last night about the massive demonstration planned tonight, November 8, at 5 pm by Trump Is Not Above The Law. org. Numerous democratic organizations have been planning it for months if The Con Don fired Sessions. He did and Rachel Maddow reported last night (MSNBC 9 pm ET weeknights) that the demonstration is on for tonight at 900 locations across OUR United States.
A link is below. In response to my post one person asked how you join the group. Go to the "partners" portion of the web site and sign up with one of the groups for updated information. For today you don't have to sign up. Simply show up at the place nearest you or the one you think will have the most impact.
No One Is Above The Law. Every American citizen who values our democratic form of governance must hit the streets and voice our anger so even The Con Don can hear.
This must not stand in OUR United States of America. Not now. Not ever.
https://www.trumpisnotabovethelaw.org/event/mueller-firing-rapid-response/search/?from=@
26
Please copy this comment and get it to everyone you know.
5
@njglea NYT and other medias should stop falling in distractions traps layed by Trump and cover your event fully and first.
3
I expect that Mueller’s investigation will be impeded and his report quashed. No indictment of Don Jr. et al. All attempts by House Democrats to investigate, such as subpoenas and calls to testify and requests for tax returns, will be resisted by the Trump administration and end up being adjudicated by the Supreme Court. The Kavanaugh Court. This is the constitutional crisis that has been looming, and it is going to grievously harm our country.
13
Mueller has already filed many sealed indictments. The goose is cooked.
1
We’ve seen examples throughout the Russian interference investigation of how many steps ahead Mueller and team are, relative to what is reported in the press. Sessions’ dismissal-resignation by Trump has been foreseen for a long time now, and Mueller and team have known this. That being said, it might be prudent for them to send a confidential envelope to Nancy Pelosi et al. very soon, thick with the information they’ve gathered to date, in case his tenure as Special Counsel quickly ends. These are dangerous times.
14
call me a contrarian, but i think this is the thing that does Trump in. he will clearly try to overreach and make an even greater case for obstruction of justice.
to quote from a Grateful Dead song (you got to get your wisdom from somewhere):
"when life looks like easy street, there is danger at your door"
8
This is a Constitutional crisis that calls for large scale peaceful protest.
This has been been prepared for and arranged by a number of foresighted groups like Moveon.org
Anticipating this.
There are nationwide protests planned for 5PM today to say that subverting the rule of law is not acceptable.
11
@Jonathan from DC
Please pass this information on.
Legal basis for doing so aside, the question is if there is a direct and disqualifying conflict of interest for Whitaker. It doesn't appear so, though it smells bad. He is clearly a Trump supporter by virtue of the articles he's written against the scope of the investigation. He basically was putting his resume out for Trump when he wrote those articles. Trump will continue to push the envelope - as one person put it on NPR yesterday - this is a slow motion Saturday night massacre.
5
So Mueller now needs to ask his new boss if he can explore whether his new boss's appointment is an obstruction of Justice?
99
@Martin Heh heh. ;-)
1
I'm an optimist. I have full faith in Robert Mueller that he has prepared multiple copies of the results of the investigation and that the impact of public disclosure will be on a level of the Pentagon Papers. Efforts at suppression of the truth to protect a single individual from charges of massive illegal activity directed towards undermining the US will run up against the defenses of a vibrant democracy.
16
Tax returns, tax returns, tax returns!
Has the IRS completed their audit yet?
12
Don't know what's worse: witnessing the step-by-step destruction of all that the United States of America ment to its citizens and the world, or the deep personal depression that I feel seeing so much malice, betrayal, selfinesh, ignorance and narcissism.
USA citizens face the dilemma of conducting polite by the rules procedures or violent civil war type actions to remove this Chavez-like cadre of political hooligans out of any government positions.
I don't hold my breath.
Leaving aside any political ideology, the level of gross behavior, personal pursue of self gain, racism and discrimination and more important: their abject shameful ignorance about facts and history, all forecast a fast and ominous debacle that will spare nobody.
32
Historians will look back and wonder why Americans did not take to the streets in mass protest as Trump curtailed investigations of his misdeeds, revoked the press credentials of reputable reporters like Jim Acosta, and incited racial hatred and violence.
These acts infringe on core principles of our Constitution: separation of powers, free speech and press, and equality under the law.
Wake up America! Fascism is not a historical relic of the 20th century. It is a living reality. It is time for hundreds of thousands to turn out for peaceful protest and non-violent resistance.
45
Good stuff. The new acting AG realizes Mueller and his band of 17 Trump hating democrats are leading the country on a massive hoax. There is no Russian collusion. Full stop. Time to move on.
1
If there is no collusion, then the president has nothing to hide by letting this investigation continue. Requesting his AG to resign hours after the midterms does not make Trump look innocent.
13
Get your facts right, Steve. The agents you refer to are mostly Republicans, not Democrats. And, did you miss the campaign speech where Trump encouraged the Russians to go after DNC emails? That was collusion in full public view. Wasn't it?
2
@Steve can you provide evidence of what you said? It looks like you just repeated what Trump has said before and as we know, he lies a lot (6,500+ lies and counting).
1
Makes perfect sense. A bullheaded lightweight from a third rate law school taking on the University of Virginia (Mueller) and Harvard (Rosenstein).
I hope the boys investigating Traitor Trump and his grifter family have got everything on thumb drives and are ready to send them forward.
19
“There is something ̶a̶ ̶l̶i̶t̶t̶l̶e̶ odd,” Ms. O’Connell said
There. I fixed it for you.
5
Interesting sequence of events which speaks volumes about Trump's weakness and how scared he is. Sure he can fire his Attorney General whenever he wanted, Sure Sessions got on his bad side by recusing himself. But why did he wait until only hours after the polls closed. Because he knew firing Sessions before the mid terms would put the focus of the mid term directly on Russia again. But he couldn't wait long after because he knows Mueller report is nearing release. That being the case, he wants his new acting compliant lackey to shut Mueller down or to try to control the events to come. That suggests that he knows Mueller's findings will be damning to Trump the person and his family. Trump would throw everybody else under a truck as he did Sessions. So firing Sessions at this exact point in time is the sign of desperation on the part of a guilty man who knows the trap is closing and is looking for one more throw of the dice to escape. It's a complete gamble that if he (or his flunkey) takes premeditated action in doesn't blow up in his face in the court of public opinion. As to Sessions, while few are sorry for him, he has been treated shabbily by the man he played a key part in putting in the White House. He has been ridiculed and demeaned constantly so much that his reputation is in shambles. Free of office, will he be strong enough to take some revenge?
30
@Niall Firinne
Actually he acted honorably in office and his reputation is not in tatters. Being insulted and ridiculed by Trump for doing the right thing should be a badge of honor.
2
@Niall Firinne Maybe George Wallace will visit Sessions in his dreams as the ghost of Christmas past.
Is this not interference?
11
"But because Mr. Whitaker is not recused from overseeing cases arising from the 2016 election, as Mr. Sessions was, he takes over the case." ....this sentence in the 4th paragraph of your article makes no sense. Rosenstien has not recused himself, Sessions has. Rosenstein has been overseeing Mueller....why should that change when Sessions leaves?
3
@greg anton
Rosenstein has the job of overseeing the Mueller probe only because the AG has recused himself. Because there is a new (not recused) AG, the responsibility reverts back to the new AG automatically. There is no debate about this.
5
@Rusty Carr
But as I understood some legal scholars are of the opinion that Whittaker _should_ recuse himself... Is there an existing authority who could demand that he do this?
@ammonium chloride
Break out the smelling salts! The only existing authority who has the practical ability to stop this train wreck is .... (wait for it) ... We The People! Technically, if a law suit is filed, then it would be possible for a court to intercede and rule that Trump's choice of Whittaker is not valid (e.g. the recess appointment law does not take precedence). However, for many reasons, that approach has no practical chance of succeeding (soon enough). The bottom line is that the ultimate practical check on Trump's power is impeachment and impeachment ultimately depends on public opinion. As we've seen with the failure of ACA repeal, public opinion can sway Republican action. So although there is no law that can be used to force Whittaker out of involvement with the Mueller probe, We The People have that power.
The Mueller report will not see the light of day.
3
@adrienne
I agree. Will never be seen. To this day we do not know who Cheney met with years ago. And he was Vice-President.
@adrienne
I disagree.
The whole world will demand its release.
1
@adrienne
It must be seen.
"The regulation that Mr. Rosenstein invoked when appointing Mr. Mueller... said that the attorney general may remove the special counsel only for cause, like misconduct of some kind, rather than at will."
This part of the regulation is unconstitutional. Myers v. United States 272 U.S. 52 (1926); more recently Free Enter. Fund v. Pub. Co. Accounting Oversight Bd., 561 U.S. 477 (2010).
If the President decides to go down the removal path, it is legal, whether it is impeachable may be an irresistible dangle for our new congress.
2
The Attorney General is arguably one of the five highest offices in the United States government.
Mr. Sessions was never regarded as intellectually capable of competently running the DOJ - he was a political by-product of Alabama politics, an embarrassment under any set of standards (see history of Roy Moore for more detail).
Now, Mr. Whitaker, formerly an attorney with the DOJ, with mediocre legal credentials (like Mr. Sessions) and a less than mediocre political career (at least Mr. Sessions won an election) is in the office, even if temporarily. Mr. Sessions, with age and experience which imparts some wisdom on even the most infertile minds, clearly understood that he needed to wield his AG powers carefully. By recusing himself, Sessions actually made the results of the Mueller investigation less susceptible to attack for a lack of independence. That thoughtful approach made Mr. Trump furious because he "doesn't do" care and thoughtfulness. He likes strong and blunt and powerful - regardless of impact.
Mr. Whitaker has neither the political experience nor legal sophistication to stand up to Mr. Trump. Senior DOJ lawyers (like Mr. Rosenstein) know how difficult it is to manage the Mueller investigation and, with Mr. Trump demonstrating (by firing Mr. Sessions) that he is loyal to no one, few would lend assistance to such a perilous task.
So Mr. Whitaker will be on his own. Mr. Trump may unwittingly have put his Presidency in incompetent hands.
13
@T Mo
Interesting. I guess we will see the strength of his knowledge and experience soon.
1
Reminds me of one of those science shows on PBS about how the big cats hunt - so noble, intelligent and dauntless.
And there's always the one slow gazelle or water buffalo that finds itself separated from the herd, and its last desperate clumsy and predictable evasive maneuvers invariably prove to be futile. No one can outrun fate.
1
@A.C I like the analogy except it neglects to recognize that the water buffalo is the most powerful water buffalo in the world and has many defenses not available to the typical water buffalo.
1
Although I support the Mueller investigation, it can't be that his team has an open ended time frame and endless budget to conduct their mandate without having to account to anyone. What limits, checks and reporting, if any, is Rosenstein putting on the team, as he has been the "client" for all intents and purposes.
It was said that Mueller was close to issuing a report but didn't want to do so before the midterm elections. Does that mean a report is imminent?
1
@Karen the investigation does not have a completion deadline - that is not defined in the memorandum containing the parameters of the investigation (search on-line to view the memorandum). Mueller has a budget he must stay within, and he is doing that. Mueller and Rosenstein have regular meetings to review progress. Since there is no deadline, and the investigation occurs manly in private there is no indication when the report would be released, but I would guess it will be in the next few months.
2
Who exactly is giving these guys so much power?
Power to stop corruption investigation.
It's pretty clear: if trump were innocent, he would welcome investigation.
I am baffled as to why everyone kowtows to a two bit cheating real estate mogul like trump.
This is our country! What my parents and uncles fought to preserve during world war 2!
Impeach him now!
16
@Carla
Join a "Nobody is Above the Law" rally near your home tonite!
1
Last week Trump was imitating a politician assaulting a reporter. Trump called him "my guy" BECAUSE of the assault. The politician was convicted of assault, but it was also a crime against the 1st Amendment, since he slammed him to the ground because he didn't like his questions.
There is video of another reporter being slammed to the ground by Trump rally security. Trump has repeatedly called the press the enemy of the people.
Trump has called for violence at his political rallies.
Trump has called for torture, obviously against the Constitutional prohibitions on cruel and unusual punishment. Trump appointed a known torturer to head CIA.
Also last week, Trump said that he might reinterpret the 14th Amendment with an executive order, and that the could change the definition of U.S. citizenship from the common understanding we have had for over 120 years. Media pundits mostly dismissed this idea, since they assume that the Supreme Court would not allow it, but now that the Party of Trump has a clear majority in the Court, how can they be so sure?
Trump keeps confessing to crimes on TV and Twitter like firing the FBI Director to obstruct justice. He keeps attacking the Constitution the separation of powers, and even the fact that public servants swear loyalty to the Constitution, not Trump.
Trump is just like every dictator I have studied that destroyed their constitution and started torturing and murdering journalists, critics, and activists by the tens of thousands.
14
For those of you waiting for a high-profile firing to shut down the Mueller investigation, it already happened.
For those of you who said we shouldn’t organize around impeachment, because we should wait for the Mueller report, or because we should focus on midterms, what’s your plan?
7
Trump does not care that his behavior projects guilt. He is convinced that he can get away with it. This has worked all his life, so why not now?
13
@Frank
Arrogance breeds recklessness and mistakes.
1
The Mueller “investigation” has always been fueled by the forlorn hope of liberals that the election of 2016 could be overturned. Time to move along; there’s nothing to see here.
@Larry
Way too much smoke here for no fire. The investigation conducted by lifelong Republicans need to finish. An innocent person doesn't act like Trump, Putin would act like this.
3
@Larry once again you repeat what Trump and the far right say without presenting any facts. The 2016 election cannot be overturned. If the investigation finds evidence of crimes, then actions can be taken up to and including impeachment, but not overturning the election. I recommend doing some research on Mueller and his team. You will find they are very professional, ethical people who are conducting a very thorough investigation. Do you have the courage to do that and then make an honest assessment?
1
@jeffk, I’m all for the facts. Why hasn’t Mueller presented any that show Trump or his campaign colluded with the Russians? You would think that after two years of “smoke” there would be at least a hint of fire.
It seems obvious that the Trump Organization finances are integral to the investigation of foreign influence on the 2016 election. Simply be refusing to release his tax returns, Trump casts a significant cloud over his protestations of no collusion. Follow the money and see where it leads!
11
We are all waking up to discover that this Midnight Massacre is already over. With Whitaker installed, the Justice Department is now entirely in the hands of the Chief Executive. At least Sessions respected the rule of law. Expect no such deference from Trump’s new toady. The Mueller investigation will be hamstrung and its results sealed. Barring Congressional subpoena and a lengthy court battle, Mueller’s findings will never see the light of day.
5
One would almost think Trump is panicking. Almost.
5
Trump's slow-moving coup has just gotten faster.
That said, from what I have seen from my armchair, watching all of the lawsuits, indictments filed, guilty pleas, and state-level investigations, I believe that the investigation has legs.
More, I believe that if Mueller is told to slow down, stop, or is outright fired, this will kick off a series of events that will make plain to the public just how corrupt Trump and his circle truly is. Republicans in leadership should take notice, because many of them would be on that list.
Do I *know* that Mueller has put these wheels in motion? Not for a fact, no. However, given how he has handled some of the prosecutions spawned by his investigation, it makes a lot of sense to me that he has done so.
12
A Special Council is appointed to investigate Russian interference in the 2016 election. The SC submits his report to the AG, who can choose to bury it.
That makes as much sense as the Electoral College.
9
The Mueller investigation is crime perpetrated by the Democrats to deny the election of President Trump. All associated with it should be prosecuted to the fullest extent of the law.
1
@bill t
Mueller is a Republican. These are lifelong Republicans investigating Trump. He's not above the law! This is the United States still, not Trump's beloved Russia.
2
@bill t
32 indictments or guilty pleas with 4 of Trump's close associates pleading GUILTY.
Now when will the cowardly Mr. Trump going to prove innocence and sit down for a chat with Mueller?
Well played by Trump to buy some time for Don Jr and himself. This is not the cliffhanger, more chapters to follow.
Well, this is it, folks. We're back to Watergate, only Nixon was brash about it. Trump's more cunning and the appointment situation is convoluted enough to confuse most lay people.
Hold on to your hats, and get ready to march. Here's the point where the country decides whether we institutionalize gross corruption.
8
@Dan
900 "Nobody is Above the Law" rallies start across the nation tonite.
Check out one near you.
Trump will have an Attorney General that will actually investigate the Trump Russia collusion nonsense.
The DOJ has stonewalled releasing any information related to the genesis of the investigation.
The corrupt nature of the investigation will be exposed.
Mueller will attempt to finish off his little side show as quickly as possible and get out of town before he is the investigative target.
It will be virtually impossible for Mueller to pretend any longer once the full scale of Democrat corruption is exposed.
1
@Ken . LOL
@Ken
Trump is such a coward. He's too afraid to talk to Mueller and put this investigation to rest.
And NO one in the whole world buys the dithering Mr. Giuliani and his pathetic excuse for Trump.... "Trump will be set up for perjury".
Doesn't he constantly brag about how brilliant he is? Far superior than Mueller. After all,
Trump is President and Mueller is not.
Yet, Trump is STILL terrified of Mueller.
C'mon! The whole world knows Trump's new AG Whittacker is just going to bury Mueller's report anyway. So what's Trump got to lose by defending himself on the record?
Cowardice is not a good look, Mr. President
Trump's timing for firing Sessions is ludicrous. Less than 24 hours after an election.
If the Mueller investigation is ended abruptly before completion, that is obstruction of justice, an impeachable offense.
12
OK, Mueller holds everything off until after the midterms so as not to rock any boats.
Sessions gets yanked, waiting until the day after the midterms so as not to rock any boats.
Trump appoints a loyalist to replace Sessions.
Result: The Mueller investigation is doomed, I'd bet the farm on it. Trump will kill it because he now can. I'm surprised it hasn't happened already. Trump probably told Whittaker to wait a bit so it doesn't look bad.
If I were Mueller, I'd grab every document and give it to someone like Wikileaks. This info cannot die somewhere, we have to know.
13
@Dan Murphy
Wikileaks? Might as well give it to the Russians.
Only a Senate-Confirmed individual has the authority to exercise the power of the AG in a substitute/vacancy scenario. Whitaker has no such authority because he is not Senate-Confirmed. He is simply a mole who has been instructed to review all the files and report back to trump, and to continue to do so. Of course, if he reports information from the Grand Jury he will be subject to criminal prosecution. trump will use him and he will be indicted and prosecuted for leaking secret Grand Jury information. trump will leave office and Whitaker will be in the same position Michael Cohen finds himself.
2
Every shred of evidence and testimony that the Mueller team has gathered should right now be in the hands of the New York State Attorney General, every State Attorney General where any of Trump's people have committed any (alleged) illegal acts, and the New York City District Attorney. Copies should have been made and placed in a pre-addressed envelopes to The New York Times, The Washington Post, and CNN which will somehow mysteriously find their way into a mailbox in the event of a Trump shutdown.
The saying goes that rules are meant to be broken. Trump breaks every rule he can. Trump is afraid of the truth. There are many ways the truth can come out. If there ever was a time when the ends justified the means, this is it. This should be settled by the courts, but if Trump can circumvent due process, a postage stamp would be the next best thing.
36
Here and there, people remark that nothing substantive against Trump has been found. But, the point is not to prove something against Trump. It is to find out what happened. And, if you assume that nothing substantive will be found against Trump, why not just relax and let the report state that nothing wrong took place and that Russia never interfered.
So, why the panic, the firing, the repeated protestations of innocence, going against the press, trying to shut up reporters?
16
It could and should mean that the origional investigation should be concluded, or at least a report issued as to what has been found and what remains to be done. Including how long and how many people will be involved. Any other issues should be returned to the justice department for investigation. The investigation should be completed, not eliminated. Then their team can go home.
Mueller has done nothing for so long people have assumed Trump is in great shape, because, otherwise, there would have been enough evidence for a case to have been brought. So, the argument will go, Mueller is still not able to find much and must keep looking. Mueller might know the law, but that is not going to help him.
1
Whitaker was clear in his position that the Mueller investigation lacked jurisdiction to investigate Trump's finances. This is the area of vulnerability, far more than the murky Russian "collusion," that has bedeviled Trump since his refusal to release his tax returns. With the House on the verge of Democratic control, the appointment of Whitaker is clearly about shielding Trump's conflicts of interest and illegalities from public view. It is now up to the Democrats to try to pry open this Pandora's Box. Trump is betting that after the midterm's mixed results, they won't have the political will to do so.
7
I am sure that Mr. Mueller is a smart man who has thought through all eventualities. Millions have confidence in him and the important work he is doing.
49
@KC The Match Up: Smart man vs. Powerful man. Could get very ugly very quickly.
4
@KC No doubt Mueller is a smart man, but he is also a dutiful one and a Republican. I have no confidence that he will stand up to efforts to silence him and conceal his work.
1
Robert Mueller, Rod Rosenstein, and the team at Justice should send a copy of all investigation documents and materials to every major news outlet in the US for safe guarding before Whitaker can shut it down.
Yes, it would be breaking the law, but just as we learned with the Pentagon Papers and Watergate, it was the Fourth Estate that saved the Republic from Nixon. So ask yourself:
Which crime is worse?
Is treason committed by working (I'm not calling it collusion, because it is indeed an active, ongoing intelligence operation) for a hostile foreign government to manipulate elections and undermine our form of government a crime that cannot be forgiven or ignored?
Or is violating Justice Department security requirements to rescue the Republic by choosing loyalty to country over loyalty to Trump who wants to unchecked power to support of his his corrupt enterprise?
52
@Jeffrey Schantz Your idea is definitely ringing bells in my mind. I DO HOPE NYT IS LISTENING!! I remember Watergate. And all the same attitude from the silent majority. And I have to ask: would the whole Watergate matter have been kept swept under the rug without Woodward and Bernstein?? And never seen the light of day?? It's definite food for thought.
Truth does will out. Only as long as there is freedom of the press...
10
@Jeffrey Schantz
Yep, where is Daniel Ellsberg?
1
I think it would be more defensible to send it to all members of Congress. Let them leak or speak. Hopefully some would. I don’t want to see Mueller on trial.
2
Mueller has had plenty of time and has not produced anything substantive against Trump. It is high time that investigation is ended, and we turn to some bi-partisan political action.
3
@Ludwig
And how long did the Whitewater investigation last? Before really coming up with nothing.
2
@LudwigThen you would have no problem with Mueller sending his complete report to Congress immediately.
I wonder why Trump feels differently. What is he afraid of that lives in that report?
5
@Ludwig
Mueller had had plenty of time and has not REVEALED anything substantive against Trump. We don't yet know what Mueller knows. You assume too much.
4
And, we didn't think that there would be a season 7 of the House of Cards. Sessions is out, Whitaker is in, but Whitaker should recuse himself. Rosenstein and Mueller are on the fence. Congress is split with a lame duck Republican House still in power until the new House is sworn in. The Senate is even more emboldened. The president is in a war mood. The courts will be packed with more Republican judges. And, with the elections just finished the American people will be unable to write a new ending for 2 years. The plot thickens, stay tuned.
3
No matter how hard he may try, Trump will not be able to put out the fire in the Mueller investigation. Mueller and his team must have already taken steps for those interfering with their investigation to trip many traps. Some information has already been passed to local jurisdictions, and the new Democratic House will subpoena the rest of the report from the investigative team.
Trump needs to find new ways to twist reality and turn his failings into glowing success stories. Even from behind bars, "look, how I saved myself like a genius inside these walls and you cannot come in!" Happy days are ahead!
11
Mueller is charged with investigating Russian interference in the 2016 elections. To the extent that Trump was owned by the Russians before that, and beholden to the Russians after the election, his finances are directly relevant and must be considered. If Whitaker finds that Mueller cannot investigate that issue, Whitaker is obstructing justice. Given that Whitaker has already stated that he intends to do that, he has a conflict of interest that disqualifies him from overseeing this investigation. Someone should file a complaint with the bar association and Congress should pass legislation to protect Mueller, giving him the discretion to proceed as he deems appropriate, free from interference from the very administration he is investigating. And as a result of the Trump disregard for the law, Mueller could find Whitaker's interference to be obstruction of justice, prosecute Whitaker and continue his investigation. But I am not holding my breath.
50
I agree. He hired Sessions with the hope that he’d stop the investigation. He publicly said it, “If I knew he’d recuse himself, I wouldn’t have hired him.” He’s making sure he’s putting “his” people in the position of protecting him. That alone is probably illegal. He’s basically stacking the deck with aces. Trumps administration is pretty much accessories to the fact in all the crimes he’s committed.
80
We don't know how this will affect the Meuller Investigation, but this is the best explanation I've found yet. According to this article there are many possibilities and uncertainties all very clearly laid out. I have one question that is not touched upon here. Perhaps someone could help. If Whitaker impedes an investigation that has already verified illegal activity, isn't that obstruction too? How far can Whitaker go to protect Trump if the FBI has already found criminal activity?
134
@mary bardmess How far can Whitaker go to protect Trump if the FBI has already found criminal activity? Under the most generous interpretation of "executive privilege," there is virtually no limit to how far Whitaker could go. In a court challenge, Trump can now probably count on a Supreme Court majority for the most generous interpretation of "executive privilege". The system of checks and balances is shattered.
14
@mary bardmess Sadly I think that is exactly why Whitaker was chosen--to impede the investigation. And I think I read somewhere that Trump is thinking about Pam Bondi as permanent replacement. She's the Florida AG who made Trump's school fraud problem disappear.
1
Trump will use everything in his power to put as many roadblocks into place to stop Mueller's investigation.
Which bodes the question why?
We know that Russia did in fact interfere with the 2016 election, so wouldn't the leader of the country want to know why and how deep it went.
I think most of us understand that the only reason anyone would want to not look in the right direction is because they know that there will be evidence to incriminate them.
So now it should be up to congress to head this as the fox is guarding the hen house and that never turns out good.
60
Trump is stacking the deck, to avoid disclosing financial matters that would indicate conflict of interest. He has had Russian support of his business since the 90's.
Appointing Whitaker, is an attempt to limit the spotlight on his finances, so he can profit w/o government oversight. Once, the new congress is in. It can shed some light on this.
31
Trump wants a get-out-of-jail free card in exchange for working with democrats on infrastructure (his friends get the contracts.) and healthcare (never single payer.)
We progressives have to walk a minefield of his "deals" to get to our goal of liberty and justice for all. But we have just won a victory for civility with our tremendous take-back of the house. We have to make it count by sheer force of our will.
This senate is never going to impeach Trump. And they're trying to stifle Bob Mueller. The lawyers and judges on the right are protecting their turf. We must be smart and persistent in telling the truth and making ourselves heard.
40
It seems, that anything that would endanger the predetermined outcome of this investigation is considered a threat by those who made the predetermination.
9
@waldo if there was nothing to hide, there would be no endangering of any outcome of this investigation. where there is smoke, there is fire. no one reacts the way the Donald has, when they are completely innocent and have nothing to hide. if he truly had nothing to hide, he would let the investigation run its course, come to its conclusions, and say, see guys, i told you it was just a witch hunt. someone who has secrets he is trying to hide will do everything in his power to try and stop the investigation from reaching any conclusions and making that information public.
14
The Senate will not move to protect Mueller nor will they pressure Mr. Whitaker to recuse himself. Those bridges were crossed long ago. This plan was not a knee-jerk reaction by an impulsive Trump. Whitaker was chosen for one skill set, he opposes Mueller and the Russia probe generally.
Whitaker is Robert Bork with a stealth assignment. By whatever method possible put a halt to the Mueller probe, tell him to wrap it and file no report to anyone. Starve the effort of cash, deny subpoenas or indictments, bleed Mueller for information and funnel it to Trump. Hamstring the Mueller team.
Done in quiet manner over the next 6-8 weeks the Democratic Congress will arrive for the autopsy. Surely Mueller can see this oncoming train. In a perverse sense Trump has taken another step toward obstructing justice. Rosenstein likewise knows he was pushed out for an unqualified man as AG for the sole reason Whitaker could interfere with Mueller.
Whitaker even provided the script for this operation. That will not deter him from converting theory to operation.
It may be unfair to ask Rosenstein and Mueller to take one for the country. On the other they hold the leverage. Trump feels bullet proof because the Senate will not act. I hope they come forward once Whitaker takes the first baby step toward interfering.
95
@texsun
Excellent overview................wondering what the odds are that Congress passes legislation to protect Mueller.....I would guess 0 based on history.
The intervening period between now and Jan provides Trump all the room he needs to completely undermine the investigation. It's incredible that we're faced with this Russian-like approach to silencing the rule of law.
39
My son pointed out that Jeff.Sessions is now a private citizen, so presidential privilege may no longer shield him from a congressional subpoena. That could prove a bigger problem for the president.
158
Maybe, but he has a history of very self-serving geriatric memory loss when so questioned.
28
Trump seems determined to be impeached.
10
@MKR
Trump seems determined to shred the Constitution, and use historyr most awesome military, militarized police, and surveillance systems to make himself richer and more powerful.
(Don't hear anyone saying they have nothing to hide anymore.)
15
@MKR For what???
Look at the photo of Rod Rosenstein. He has a distracted, almost haunted look on his face. What he must know and fear...
15
Very perceptive. This is a man who is in crisis.
4
Trump has everything to fear if Mueller strays into a general investigation of the President's past business dealings, being rife with mobsters, con men, tax scams, loose women, and especially dodgy bankruptcies which for many others adept in such practices (as a normal business model) always involves fraud (who doesn't lie where the true money is, sucker, -especially your's!).
But Trump has nothing to fear if Mueller is kept strictly within the mandate to investigate explicit instances of "Russian interference" with the US election, for which there is zero evidence beyond mere conjecture and suspicion.
If Mueller emerges from his next meeting with Whitaker wearing a dog collar and leash, we may have a clue.
10
Nothing has changed. Trump is just taking another step to confuse and delay an important investigation. He will continue to do so and the more he takes these delaying actions, the more guilty he becomes.
America has just taken another slap in the face by this despicable man.
58
@Cone How can any of this confuse or delay any investigation? Mueller should have been done with the original issue long ago, and new stuff should go to the justice department, not his team.
How bad can it be when the POTUS firmly believes the AG is his personal lawyer? Pretty bad.
104
Trump is slowly learning the mechanisms by which he can subvert the law and bring down our democracy. He now has full control of the spineless Senate which, when combined with his sociopathic and narcissistic personality, will drive him towards autocratic rule. We are entering the crisis stage. Get ready, because this might greet ugly very soon.
177
Mr. Trump may think he has derailed Mr. Mueller but truth will out. History will not look kindly on Trump. Can you imagine anyone willing to campaign with him in 8 years. If he's not dead. Which I sincerely hope will come to pass sooner rather than later.
90
@Meighan
That assumes that Trump will not be president for life and have all real historians murdered.
Trump has no real legal team and no real legal defense against the Mueller investigation. He has a PR team led by Giuliani that claims "truth is not truth" making political attacks on the investigation and subverting the Constitution.
What Trump does have is an extreme base of heavily armed thugs that roam around in actual mobs actually beating people up. And the leaders of these mobs are invited to speak at Republican events, like a couple weeks ago when the leader of the Proud Boys spoke at the Metropolitan Republican Club in NYC, before they beat someone up around the corner.
An article in the Times this week documented that Trump regularly uses language that comes from white supremacist, misogynist, anti-Semitic, anti-lgbt hate groups. He regularly retweets white supremacist memes, like jobsnotmobs, because all the real mobs are on his side.
Another article documents that when the Obama administration tried to investigate violent extremist white supremacist terror groups, Republicans attacked it as political, and the Trump administration has pulled back further on investigations into white terror groups.
Trump's only defense to being convicted of the crimes he keeps confessing to on TV is to undo the Constitution (starting with a clause of the 14th Amendment his followers hate) and/or start a Civil War.
If you think its impossible, read some third world history.
13
@Meighan "Mr. Trump may think he has derailed Mr. Mueller but truth will out" It seems to be the case that the vast majority of NYT readers know this "truth". I wish they would share with me some of the evidence since Mueller has not produced any.
"“There is something a little odd,” Ms. O’Connell said, “that this gap-filling measure allows putting someone who is not at a senior position, like a deputy, temporarily into one of the most important positions in the country.”"
What's odd about it? Trump and Co. clearly have spent their free time during campaigning finding this administrative loophole-- Whitaker came up with the scheme itself last summer.
Donald Trump is hijacking the DOJ to do what any mob boss would do: take the law into his own hands, bending it to his will.
Nobody knows how this drama will end, since pundits uniformly state that what the president is doing is 1000 times worse than Watergate.
Not only is the country in a 2-month hiatus (Trump is no fool), as an old Congress winds down, our country's checks and balances are failing.
And that is why we find ourselves in full blown constitutional crisis with no guardrails, watching the most corrupt president in US history blastsl through norms and conventions that limit his power.
313
@ChristineMcM
In this story, the link under the words "disputed among legal scholars" is https://www.lawfareblog.com/if-attorney-general-fired-who-acts-attorney-general
The following para there would appear to be the heart of this matter:
"The [Vacancies Reform Act"] says that it is the “exclusive means” for filling vacancies in Senate-confirmed positions unless another statute expressly “designates” an officer or employee to perform the functions of the office in an acting capacity or “authorizes” the president, the head of the agency, or a court to make such a designation. Section 508 [of DOJ succession statute] does both, so the VRA is not the “exclusive means” to designate an acting attorney general."
Although this link goes on to elaborate complicating factors, on its face, it would appear from this citation that Trump has violated a specific provision in the VRA, which is his authority for appointing Whitaker, that requires the Rosenstein automatically succeed Sessions in the current circumstances.
Given this apparent violation of the VRA statute, should we not expect the DOJ itself to take this matter to court? If the DOJ won't defend the statutes determining who succeeds as Attorney General, then would we have to say Trump has been allowed to get away with a formal, illegal step towards a coup d'etat, towards autocratic rule?
21
There’s a law specific to Justice Department succession, which sounds as though it is at odds with the law governing succession in general. Could a suit to overturn this appointment be filed based on that statute?
43
@SP Morten
Republicans now have a clear majority on the Supreme Court.
We will soon find out whether the Republicans on the Supreme Court are more loyal to the Constitution or Trump.
Call your congressman and tell them to hold Trump accountable to the Constitution.
23
@SP Morten
Sure it could.
Welcome to the Trump Supreme Court.
5
@McGloin
Our R representative was defeated Tues., so he'll be too busy looking for new opportunities to give a darn about governing.
1
I am not overly optimistic. Elected Republicans are in lockstep with #45. Elected Democrats are still hiding and hoping that they are not noticed.
19
What concerns me is not so much the limiting of funding or denial of requests that may now occur, it’s the passing along of privileged information about the investigation. Mr. Mueller and his team are smart enough to have formulated a Plan B by now for situations involving defunding or denials, such as referring parts of the investigation to state attorneys general to remove it from meddling by Trump, but if Trump and his henchmen are actually given classified background information, they will be prepared, and that’s a whole different ballgame and not something the Special Counsel can do anything about, unless he refuses to give any information to Whittaker or provides him with decoy information.
148
@Frau Greta
Plan B would be the rather fine state prosecutors in the southern district of NY. Trump will not skate from his role in dallying with the Russians in 2016. Everything about the man says collusion.
105
@Frau Greta
Excellent letter Frau Greta. My intendtion was to reply with pithy thoughts of my own. However, at eighty-two I find my heart so heavy with the prospect of what we are facing for the next two years that I find it impossible to write a coherent sentence. Can only hope to live long enough to see better times
74
@Phyllis
I know, Phyllis. It's hard to muster the energy we need to fight sometimes, or to even speak, but we must find it somewhere.
17