Showing posts with label campaign finance laws. Show all posts
Showing posts with label campaign finance laws. Show all posts

Thursday, August 23, 2018

A Conservative Argues for Trump's Impeachment


I make no bones about the fact that I loath Donald Trump.  To me, he embodies everything one should NOT want one's children or grandchildren to be - I shudder what my impressionable grandchildren are being exposed to.  As an attorney of over 40 years, I also have respect for the rule of law and believe that oaths of office - such as every member of Congress takes - actually mean something.  Sadly, most Congressional Republicans are making a mockery of both the law and their oaths of office as they place party fealty and short term political advantage over the Constitution and the good of the nation. Some conservatives have belatedly come to see that the only way to restore accountability and to protect the national interest is to work for massive Democrat victories in November.  Others, are slowly coming to the conclusion that impeachment of Donald Trump is in order (although the prospect of a president Mike "Christian Taliban" Pence is equally terrifying).  A column in the New York Times by a long time conservative makes the argument of why it is time to consider the impeachment of Trump and his removal from office.  Here are excerpts:

For all of my opposition to Donald Trump, I have long been skeptical of the political wisdom or evidentiary basis of efforts to impeach him.
My reasons: First, being a terrible president and a wretched person are not impeachable offenses. Second, Robert Mueller’s investigation has so far produced evidence that can be interpreted as obstruction of justice, but not as clear proof. Third, impeachment in the House would be unlikely to translate into conviction in the Senate, even if Democrats win both chambers in the fall. Fourth, impeachment without conviction could strengthen Trump politically, much as it did for Bill Clinton after his own 1998 impeachment.
At least that was my view until this week. Michael Cohen’s guilty plea changes this. The Constitution’s standard for impeachment is “Treason, Bribery, or other high Crimes and Misdemeanors.” The standard is now met.
Trump’s longtime fixer acknowledged in court on Tuesday that he violated campaign finance laws by paying hush money to two women “in coordination with and at the direction of a candidate for federal office.” That means Trump. That means that, as a candidate, Trump is credibly alleged to have purposefully conspired with Cohen to commit criminal acts. That means the duo did so “for purposes of influencing [an] election for Federal office,” which is the legal definition of a campaign contribution.
It also means that, as president, Trump allegedly sought to conceal the arrangement by failing to note in his 2017 financial disclosure forms his reimbursements to Cohen. [Trump] The president most likely continues to lie to the American people about the nature and purpose of those payments.
The Trumpian rebuttal to these charges is that Cohen is a sleazy lawyer and proven liar. . . . . But if Cohen’s lies as Trump’s lawyer are one thing, lying under oath to a federal judge is quite another. Cohen’s sentencing isn’t until December, when he’s expected to be sent to prison for up to five years. If he’s being untruthful, that leaves plenty of time for any deceits to come to light. Ask yourself: Does he [Cohen] look like a guy eager to have his sentence doubled?
In Trump’s case, there is little doubt about the purpose of the payment to Stormy Daniels: To prevent disclosure of their alleged liaison, less than a month before the election and barely two weeks after the Access Hollywood tape came to light.
To suggest that this doesn’t amount to a felonious act also doesn’t pass the smell test. The president is now, in effect, an unindicted co-conspirator on charges already prosecuted by the government as a criminal matter against Cohen. Why should a lighter standard apply to Trump, since he’s the one at whose direction Cohen claims to have carried out the payments?
That question should especially engage those conservatives who demanded Clinton’s impeachment (as I did). Take South Carolina’s Lindsey Graham, one of the House managers overseeing the case against the 42nd president.
“Twenty-five years ago,” he said that December, “a Democratic-controlled judiciary committee, with a minority of Republicans, reported articles of impeachment against Richard Nixon. Why? Nixon cheated — he cheated the electoral system by concealing efforts of a political break-in, and his people thought the other side deserved to be cheated. They thought his enemies deserved to be mistreated. Ladies and gentlemen, they were wrong.”
He continued: “Today, Republicans, with a small handful of Democrats, will vote to impeach President Clinton. Why? Because we believe he committed crimes resulting in cheating our legal system. We believe he lied under oath numerous times, that he tampered with evidence, that he conspired to present false testimony to a court of law. We believe he assaulted our legal system in every way. Let it be said that any president who cheats our institutions shall be impeached.”
The emphases here are mine. To conservatives reading this column, ask yourselves the following questions:
If breaking the law (by lying under oath) to conceal an affair was impeachable, why is breaking the law (by violating campaign-finance laws) to conceal an affair not impeachable?
If cheating “our institutions” (by means of an “assault” in “every way” on the legal system) is impeachable, why is cheating those institutions (by means of nonstop presidential mendacity and relentless attacks on the Justice Department and the F.B.I.) not impeachable?
Pragmatists will rejoin that there’s no sense in advocating impeachment when the G.O.P. controls Congress. I’m sorry that so many congressional Republicans have lost their sense of moral principle and institutional self-respect, but that’s a reason to seek Democratic victories in the fall. The Constitution matters more than a tax cut. What the Constitution demands is the impeachment and removal from office of this lawless president.

Wednesday, August 22, 2018

How Michael Cohen May Take Trump Down


As many commentators have said over and over again, no one should be surprised as Donald Trump is exposed as morally and legally deficient.  He's always been who he is and just as he operated his real estate business by skirting the law and consorting with crime figures and shady Russians, he did the same throughout his campaign and into his regime.  Anyone who claims shock as revelations unfold is either a liar or a fool.  We have the equivalent of a crime boss who is the embodiment of the seven deadly sins in the White House and evangelical Christians and closeted white supremacist (some, not so closeted) put him there.  And what about Mike Pence, the allegedly "devout Christian" who happily signed onto the toxic and morally bankrupt regime?   A column by former Republican,  Jennifer Rubin, in the Washington Post looks at what Michael Cohen's cooperation with federal authorities could reveal, none of it good for Trump and his knuckle dragging supporters.  Here are highlights:
Trump was right to be panicked back in April, and since then we’ve all learned of more damaging facts that Cohen may substantiate. Cohen is at the intersection of at least three possibly disastrous legal stories.
First, Cohen was involved in the payment of hush money to silence multiple women with whom Trump allegedly had extra-marital affairs. The political fallout will depend on how many women and the circumstances of those payments. The criminal liability here concerns violation of campaign-finance rules as part of a deliberate attempt to conceal large amounts of money from voters. Blaming Cohen exclusively will be hard for Trump to pull off, given the tape we already have heard. If there is other evidence documenting Trump’s involvement, his legal problem worsens.
Second, Cohen has been Trump’s “fixer” and dealmaker for years. He was at the center of the failed Trump Tower project in Russia and likely would have been privy to other Russia-related transactions, if any, over years. Trump has insisted the special counsel not go into his personal finances. The chances that special counsel Robert S. Mueller III and his team are doing just that and will continue digging with Cohen as a guide has gone up dramatically.
Third, Cohen may have plenty of other information relating to Trump campaign contacts with Russia and to Trump’s own efforts to conceal them and disable the investigation. Goodness knows what recordings, documents and firsthand recollections he may have. What, for example, does he know about the Trump Tower meeting in June 2016? What, if anything, does he know about contacts that members of the Trump team had with Russia during the campaign and/or the transition? Given that the White House counsel Donald McGahn, who is not Trump’s personal lawyer, has spent 30 hours or more with the special counsel, it is not as if Cohen would be the only witness to possible impropriety. Cohen and McGahn may bolster one another’s accounts.
Cohen matters because he may have critical information relating to all three of these evolving stories. Moreover, he cannot be written off as someone peripherally related to Trump. He cannot be written off as a coffee boy or as someone who went in and out of Trump’s orbit in a matter of weeks. In short, Cohen’s plea is a crushing blow because he is the first cooperating witness that could implicate Trump directly in all three matters — the women and campaign money, Trump’s business dealings, and the Trump campaign’s Russia connections.
Constitutional scholar Larry Tribe tells me, “Whether or not called an unindicted co-conspirator, that’s what the sitting president IS as of close of business today, Aug. 21, 2018, a day that will live in legal infamy.” He explains, “That’s the import of two of Michael Cohen’s guilty pleas on charges of making knowingly illegal campaign contributions at Trump’s behest in the form of hush money to keep his sex scandals quiet as the election date approached.” He adds that with the conviction of Trump’s campaign chair, Paul Manafort, on eight counts, “the only possible conclusion is that this criminal administration is coming unglued.”
Buckle up. Trump now goes from the frying pan into the fire.


Tuesday, August 21, 2018

Cohen Guilty Plea: He Paid Hush Money at Trump’s Direction


Today was not a good day for Donald Trump, a/k/a Trumpenführer, as a Virginia federal jury found former Trump campaign chairman Paul Manafort guilty on eight 8 counts of tax evasion, bank fraud, etc. (Manafort still has another trial on additional charges in Washington, DC, on charges much closer to the Russiagate investigation). Worse yet, however, was Michael Cohen's plea deal in which he plead guilty to eight counts, including two counts of violation of federal campaign finance laws.  Indeed, Cohen stated that he paid hush money in violation of federal campaign laws at the direction of Trump with an aim of influencing the 2016 presidential election.   To many, Manafort's conviction and Cohen's plea deal merely confirmed what they had already known: Trump and his circle largely akin to a Mafia crime syndicate. For Trump's base, one has to wonder what mental contortions they will need to engage in to continue believing Trump's lie that the Mueller investigation is a "witch hunt."  An growing number of witches have either been indicted, plead guilty and, now convicted in the case of Manfort.  A piece in Politico looks at Cohen's statement that directly implicate Trump in illegal actions.  Here are highlights:
Michael Cohen, Donald Trump’s combative former personal lawyer, on Tuesday implicated the president in hush money payments he said were designed to sway the election, as part of a plea deal he struck with federal prosecutors on fraud charges.
Cohen, who once stated he would take a bullet for Trump, flipped on his former boss in a dramatic courtroom appearance that went down just as news emerged that former Trump campaign chairman Paul Manafort had been found guilty in his own fraud trial.
“I participated in the conduct for the purposes of influencing the election” Cohen said about his payments to adult-film actress Stormy Daniels and ex-Playboy model Karen McDougal, two women who claimed to have had affairs with Trump in the past. Trump denies the claims.
The statement came as Cohen formally entered his plea at a Manhattan federal court, in which he admitted guilt to a slate of eight tax evasion, financial fraud and campaign finance charges.
It represented a bombshell moment — and the most politically and potentially legally damaging for Trump, who had previously denied knowledge of the payments.
Cohen said one payment, for $150,000, was made during "summer of 2016, in coordination and at the direction of a candidate for federal office."
The second payment, for $130,000, was made around "October of 2016, at the direction of the same candidate."
Some legal experts speculated that because the Cohen plea included campaign finance violations based on payoffs, it is possible that Trump could be listed as an unindicted co-conspirator.
“It’s certainly possible, and I emphasis possible, that the president could be treated as a co-conspirator,” said the lawyer representing a senior Trump aide in the Russia probe.
“If Cohen broke the law by making these payments, then folks knew about it and agreed with it and assisted with it also broke the law. It’s that simple,” the lawyer added.
And Cohen's attorney, Lanny Davis, didn't shy away from directly calling out the president.  "If those payments were a crime for Michael Cohen, then why wouldn't they be a crime for Donald Trump?” he asked in a statement.
Notably, the documents leave unanswered the question of whether Cohen has agreed to cooperate with special counsel Robert Mueller's probe into Russian interference in the election — and any potential coordination with Trump's campaign on those efforts.
The crimes carry a maximum sentence of 65 years, but sentencing guidelines recommend 46-63 months of prison time.  A source close to Cohen said prior to the plea that Cohen agreed to a plea deal “to save millions of dollars, protect his family, and limit his exposure,” the source said.
Cohen’s plea brings the investigation squarely into the realm of the president’s private life and family, and it marks the most formal break yet between the president and one of his most vocal, visible and forceful defenders.
Campaign finance violations are very hard to prove, and require a lot of mental evidence, or evidence of intent — not just that you know you are doing something wrong, but that you know you are doing something illegal,” Brennan said. “So to get a plea to that charge is a huge win for the government, and for the whole series of investigations.”
Cohen’s willingness to enter into the cooperation agreement “is hugely damaging on two levels,” Brennan added.  On the political level, Cohen can offer investigators and prosecutors critically important details about hush money payments and other potentially damaging information “about willful violations of the law to support the presidential campaign.”
And on the legal front, Cohen’s cooperation could spell trouble for Trump even if Mueller continues to believe a sitting president cannot be indicted. “If you sign a cooperation agreement, you essentially agree to share information with the FBI about any criminal wrongdoing you are aware of,” Brennan said.

Tuesday, April 17, 2018

Michael Cohen and the Busting of the Trump Crime Family


Things didn't go well yesterday in court for Donald Trump's consigliere, Michael Cohen - or by extension, Trump himself.  Efforts to quash the evidence seized in the raids on Cohen's office, home and hotel room failed and the federal judge overseeing the case reject White House demands that Trump attorneys be the first to be allowed to review the materials.  Also taking a hit was Trump cheerleader and fake news disseminator Sean Hannity who was identified as another Cohen client.  Despite Hannity's dissembling, one has to wonder what he really engaged Cohen to undertake on his behalf given the cesspool like nature of most of Cohen's "fixing" for Trump and at least one other well heeled Republican hypocrite.  A piece in Talking Points Memo focuses on why Cohen could be Trump's Achilles heel.  Here are highlights:
The most shocking-but-not-surprising aspect of James Comey’s account of meeting Donald Trump is the ease with which he drew upon his experience prosecuting organized crime. Meeting Trump, he told George Stephanopoulos, “I had a flashback to my days investigating the Mafia, La Cosa Nostra.” Trump’s leadership style eerily tracked that of the mob bosses he had studied. “There’s an expression in the Mafia — there’s a distinction between a friend of yours and a friend of ours. A friend of yours is someone on the outside of the family, a friend of ours, an ‘amica nostra’ is the way they talked about it in Sicilian, is part of the Family, capital F.”
It is a pure coincidence, but a revealing one, that Comey’s story has come out at the exact same time that Michael Cohen has emerged as a first-tier, and perhaps pivotal, figure in the prosecution of Trumpworld. Cohen has called himself Trump’s consigliere and is the most palpably moblike character in Trump’s orbit. . . . . The investigation of Cohen, in particular, will reveal just where along that continuum the truth lies.
One of the ways in which Trump’s business closely resembles organized crime is that, because it relies so heavily on morally and legally dubious business ventures, its human-resource strategy de-emphasizes qualifications and relies heavily on loyalty. Or, to put it differently, a person’s willingness to engage in, and keep one’s mouth shut about, Trump’s dubious activities is the most important qualification.  This explains why Trump is not known for hiring bright young minds from leading business schools and relies so heavily on his children, as a mafia boss would. It also explains why he retained the legal (or quasi-legal) services of Michael Cohen, a graduate of the worst law school in the United States.
It was immediately evident that the FBI raid on Cohen’s home and office posed a major and novel threat to Trump.  . . . . the instant reaction may have understated things. Cohen has involved himself in a wide array of shady activities, ranging from business deals involving Russia and/or underworld financing sources to paying off women Trump had sex with or sexually harassed.
There is no question that Trump would pardon Cohen of any federal charge. But that still leaves many open channels through which Cohen’s troubles could implicate Trump. One is that physical evidence seized from Cohen could implicate his boss. Reportedly, Cohen kept recordings of his conversations, and legal mistakes like this are the sort of risk you run when you scour America’s worst law schools for talent.
A second risk is that Cohen might be vulnerable to prosecution for state crimes — and remember, a president can only issue pardons for federal crimes.
Trump has run his business like a mafia operation because maintaining secrecy is the paramount value. Despite the vast trove of public access to Trump’s endless public statements and colorful marital life, a huge amount of his work remains shrouded in secrecy, from his ties to La Cosa Nostra in the New York real-estate world to his casino business in Atlantic City, to his overseas business dealings and the tax returns he refuses to disclose. Mueller’s investigation probably will not result in the literal end of Trump’s presidency. (That would require 67 Senate votes to impeach, a highly improbable outcome.) But it will probably reveal whether he has run his business merely like a crime family or literally as one.

Tuesday, April 10, 2018

FBI Raids Office of Trump’s Personal Lawyer

Trump and consigliere, Michael Cohen.

In previous posts I have noted the difficulty that Donald Trump has experienced finding reputable legal counsel to represent him in the Russiagate investigation.  The reasons are many, not the least being that having Trump as a client could get one possible disbarred or, worse yet, criminally prosecuted due to the questionable things client Trump might demand.  Today, the FBI raided the offices of Michael Cohen, Trump's long time personal lawyer and, if stories swirling around the Stormy Daniels  scandal, equivalent of a Mafia don's consigliere.   In addition to Cohen's office, federal agents raided also raided Cohen's Park Avenue hotel residence.  Among the materials seized were emails, tax documents and business records.  As expected, Der Trumpenführer ranted and raved about the raid being " a witch hunt" and "disgraceful" even as many wonder what damaging information Cohen's materials may yield.  First, the New York Times looks at the raid itself.  Here are highlights:
The F.B.I. raided the Rockefeller Center office and Park Avenue hotel room of President Trump’s longtime personal lawyer, Michael D. Cohen, on Monday morning, seizing business records, emails and documents related to several topics, including a payment to a pornographic film actress.
Mr. Trump, in an extraordinarily angry response, lashed out hours later at what a person briefed on the matter said was an investigation into possible bank fraud by Mr. Cohen. Mr. Trump accused his own Justice Department of perpetrating a “witch hunt” and asserted that the F.B.I. “broke into” Mr. Cohen’s office.
It is not clear how the F.B.I. entered Mr. Cohen’s office, but agents had a search warrant and typically would have presented it to office personnel to be let in. The documents identified in the warrant date back years, according to a person briefed on the search.
The prosecutors obtained the search warrant after receiving a referral from the special counsel in the Russia investigation, Robert S. Mueller III, according to Mr. Cohen’s lawyer, who called the search “completely inappropriate and unnecessary.” The search does not appear to be directly related to Mr. Mueller’s investigation, but most likely resulted from information that he had uncovered and gave to prosecutors in New York.
In his tirade against the F.B.I., Mr. Trump mused about the possibility that he might soon fire Mr. Mueller. Last June, the president vented internally about wanting to fire Mr. Mueller, but was talked out of it. The president once again railed against Jeff Sessions, the attorney general, for recusing himself in the Russia inquiry, and blasted the F.B.I. for failing to investigate Hillary Clinton, “where there are crimes.” He criticized Rod J. Rosenstein, the deputy attorney general, who is overseeing the Russia investigation, . . .
In order to obtain a search warrant, prosecutors must convince a federal judge that agents are likely to discover evidence of criminal activity.

As for the basis behind the raid, the Washington Post fleshes out where prosecutors may be headed, including bank fraud. Here is a taste:
Michael Cohen, the longtime attorney of President Trump, is under federal investigation for possible bank fraud, wire fraud and campaign finance violations, according to three people with knowledge of the case.
FBI agents on Monday raided Cohen’s Manhattan office, home and hotel room as part of the investigation, seizing records about Cohen’s clients and personal finances. Among the records taken were those related to a 2016 payment Cohen made to adult-film star Stormy Daniels, who claims to have had a sexual encounter with Trump, according to another person familiar with the investigation.
Investigators took Cohen’s computer, phone and personal financial records, including tax returns, as part of the search of his office at Rockefeller Center, the second person said.
In a dramatic and broad seizure, federal prosecutors collected communications between Cohen and his clients — including those between the lawyer and Trump, according to both people.
One person familiar with the probe said investigators have been gathering material on Cohen for weeks, including his bank records.
Two of the potential crimes being investigated — bank fraud and wire fraud — suggest prosecutors have some reason to think Cohen may have misled bankers about why he was using particular funds or may have improperly used banks in the transfer of funds.Cohen has acknowledged facilitating a $130,000 payment in October 2016 to Daniels, who claims she had a sexual relationship with Trump in 2006.
Cohen has said he used a home-equity line of credit to finance the payment to Daniels and said that neither the Trump Organization nor the Trump campaign reimbursed him for the payment.
Banks don’t usually require much explanation from customers about how they use such credit lines. However, Cohen may have been asked to provide explanation for the large-dollar transfers he made when he moved the money to a shell company and then to a lawyer for Daniels.
“A search warrant for a law office is extremely rare,” said Stephen Gillers, a professor at the New York University School of Law. “Lawyers are given the courtesy of producing documents in response to a subpoena or a request unless the government believes a lawyer will destroy or conceal the objects of the search.”
To serve a search warrant on a practicing attorney, federal prosecutors are required to obtain approval from top Justice Department officials. That means the acting U.S. attorney in Manhattan, Geoffrey S. Berman, who was appointed to his role by Sessions in January, as well as Justice Department officials in Washington, probably signed off. 

Monday, March 26, 2018

Cambridge Analytica Sent Foreigners to Advise GOP Campaigns

Cambridge Analytica CEO Alexander Nix.

Things would seem to be getting worse and worse for the Republican Party as more and more information comes to light about the role that Cambridge Analytic played in Republican campaigns even before the 2016 presidential election.  Specifically, foreigners were involved in advising Republican campaigns in a number of congressional campaigns  across the country even though such activity was illegal.  It's all part of the GOP agenda to win no matter what be it through disenfranchising those perceived to be pro-Democrat to outright flouting the law. The obvious take away is that if this happened in 2014, it is pretty safe to assume that it happened in spades in 2016.  Just as tellingly, Steve Bannon and his ultra-right wing financiers were involved in the 2014 effort.  Note that John Bolton's name also comes up.  A piece in the Washington Post looks at this new development.  Here are highlights:
Cambridge Analytica assigned dozens of non-U.S. citizens to provide campaign strategy and messaging advice to Republican candidates in 2014, according to three former workers for the data firm, even as an attorney warned executives to abide by U.S. laws limiting foreign involvement in elections. Wylie, who emerged this month as a whistleblower, provided The Washington Post with documents that describe a program across several U.S. states to win campaigns for Republicans using psychological profiling to reach voters with individually tailored messages. The documents include previously unreported details about the program, which was called “Project Ripon” for the Wisconsin town where the Republican Party was born in 1854. Those [election law] restrictions were explained in a 10-page memo prepared in July 2014 by a New York attorney, Laurence Levy, for Cambridge Analytica’s leadership at the time, including President Rebekah Mercer, Vice President Stephen K. Bannon and chief executive Alexander Nix. The memo said that foreign nationals could serve in minor roles — for example as “functionaries” handling data — but could not involve themselves in significant campaign decisions or provide high-level analysis or strategy. Many of those employees and contractors were involved in helping to decide what voters to target with political messages and what messages to deliver to them, the former workers said. Their tasks ran the gamut of campaign work, including “managing media relations” as well as fundraising, planning events, and providing “communications strategy” and “talking points, speeches [and] debate prep,” according to a document touting the firm’s 2014 work. “Its dirty little secret was that there was no one American involved in it, that it was a de facto foreign agent, working on an American election,” Wylie said.
Two other former Cambridge Analytica workers, who spoke on the condition of anonymity because of fear that they may have violated U.S. law in their campaign work, said concerns about the legality of Cambridge Analytica’s work in the United States were a regular subject of employee conversations at the company, especially after the 2014 vote.
[E]mployees worried the company was giving its foreign employees potentially inaccurate immigration documents to provide upon entering the United States, showing that they were not there to work when they had arrived for the purpose of advising campaigns. “We knew that everything was not above board, but we weren’t too concerned about it,” said one of the former Cambridge Analytica workers, who spent several months in the United States working on Republican campaigns. “It was the Wild West. That’s certainly how they carried on in 2014.” Cambridge Analytica, whose offices were raided over the weekend by British authorities, has repeatedly denied any wrongdoing but did not reply to requests for comment from The Washington Post for this story. Project Ripon was described by Wylie and other workers as an ambitious effort in which Cambridge Analytica would advise American campaigns on how to use data to find “hidden Republicans.” Ripon also was the name of an online campaign management tool designed for the effort and described in a company brochure produced in London that was subtitled, “WINNING BACK AMERICA.” Company documents obtained by The Post show the U.S. program involved a staff of 41 employees and contractors, and spent $7.5 million between April and July 2014. Cambridge Analytica documents show it advised a congressional candidate in Oregon, state legislative candidates in Colorado and, on behalf of the North Carolina Republican Party, the winning campaign for Sen. Thom Tillis. The company, which asserted that Republican candidates won most of the races it worked on in 2014, also provided independent support for candidates in Arkansas, New Hampshire and North Carolina through a super PAC controlled by former U.S. ambassador to the United Nations John Bolton, who was named last week by Trump to be national security adviser. Brett Kappel, a campaign finance lawyer at Akerman LLP, said the accounts of Wylie and the other former Cambridge Analytica workers raises legal concerns. “If Mr. Wylie's allegations are true, the Justice Department could prosecute Cambridge Analytica and its managers for knowing and willful violations of the prohibition on foreign national contributions.” “It would be a problem for a U.S. super PAC — or any other domestic political actor — to have foreign nationals involved in running a political operation, including making decisions on strategy, targeting and expenditures for that political entity,” he said. “If foreigners were involved in the senior levels of decision-making for a political organization, that would be a violation of federal law.” The former Cambridge Analytica workers did not provide information about what transpired in 2016, when the company did work for Cruz and Trump.


The plot just keeps on continuing to thicken.   A piece in The Guardian has details on what may have transpired in 2016 here

Sunday, March 18, 2018

FEC Probing Whether NRA Funneled Russian Funds to Trup

I love spy and special agent novels that feature international intrigue and bad actors in the federal government.  Now, every day news stories are being reported on happenings and questions that seem right out of such thrillers - things that once would have been thought too far fetched to be real.  As Politico is reporting, the Federal Election Commission is investigating the NRA to determine if that organization - a front for gun manufacturers - may have funned Russian funds to the Trump campaign.  In an earlier time with a different occupant in the White House, such a possibility would have seemed impossible.  Now, it seems all too possible.  Here are highlights from the piece in Politico:

The Federal Election Commission has launched a preliminary investigation into whether Russian entities gave illegal contributions to the National Rifle Association that were intended to benefit the Trump campaign during the 2016 presidential election, according to people who were notified of the probe.
The inquiry stems in part from a complaint from a liberal advocacy group, the American Democracy Legal Fund, which asked the FEC to look into media reports about links between the rifle association and Russian entities, including a banker with close ties to Russian President Vladimir Putin.
A spokesman for the NRA . . . . declined to comment on the FEC’s probe.
An FEC spokesman also declined to comment, saying the agency is prohibited by law from confirming or denying any investigations until they’re complete.
Under FEC procedures, the preliminary investigation is likely to require the NRA to turn over closely guarded internal documents and campaign finance records. Depending on what FEC investigators and lawyers find, the agency could launch a full-blown investigation, impose fines or even make criminal referrals to the Justice Department and Special Counsel Robert Mueller, people familiar with the probe said.
The preliminary investigation focuses on issues similar to those raised recently by Sen. Ron Wyden (D-Ore), the ranking member of the Senate Finance Committee, as part of his investigation into possible collusion between the NRA, the Trump campaign and Russia.
Wyden is particularly interested in whether Russian-backed entities helped the Trump campaign by funneling contributions to the gun-rights group that “inappropriately and illegally influenced our election,” according to a Feb. 2 letter Wyden sent to the NRA.
Woodhouse, a longtime Democratic Party activist, said the FEC inquiry is a significant step in getting to the bottom of a very complicated series of relationships between the NRA, the Trump campaign and Russian entities.
“This story sounds more like a Tom Clancy novel than a reality,” said Woodhouse. “But in the age of Donald Trump and possible collusion with Russia, not only is it possible that it’s true, but it’s possible enough that it needs to be fully investigated.”
The FEC . . . can look at whether or not the NRA is taking illegal foreign money to conduct political activity, and whether money is passed on to support the campaign,” Woodhouse said. “They would have to investigate all of those linkages to determine whether there was any illegal election activity.”

Tuesday, December 12, 2017

The Dangerous Partisan Attacks on Robert Mueller


So far in his investigation Robert Mueller has found that crimes WERE in fact committed and has two guilty pleas and two indictments to show for his efforts to date.  Many expect more indictments and more disclosures of illegal activities by members of the Trump/Pence campaign and Trump transition team, the latter of which was headed up by Mike Pence.   Polls show that a majority of Americans view Mueller's investigation is (i) important, and (ii) being properly undertaken.  The exception is a growing chorus of Republicans and Trump self-prostituting news outlets which have begun to attack not only Mueller but the FBI.  Why?  I suspect that they know that crimes were committed and are very fearful that if Mueller persists in his investigation Trump, Pence and perhaps even other senior Republicans could see indictments and/or may see their political careers go down in flames.  The one thing certain about today's Republicans is that party is more important than country or the truth and the rule of law.   A piece in The Atlantic looks at this dangerous phenomenon.  Here are highlights:
If you’re not a regular consumer of pro-Trump media outlets, it could be easy to underestimate or overlook the recent onslaught of attacks on Special Counsel Robert Mueller. There are a couple reasons for that. One is that this discourse exists almost entirely within that media ecosystem (which is distinct from, though overlapping with, the broader world of conservative media). The other is that critics have been calling for Mueller’s dismissal and an end to his probe since it was announced. Nonetheless, the intensity of the recent spree is notable, as is the gradual shift from ostensibly politically neutral critiques to openly partisan ones. “Mueller is corrupt. The senior FBI is corrupt. The system is corrupt,” former House Speaker Newt Gingrich said on Fox News. The channel’s legal analyst Gregg Jarrett said Mueller was employing the FBI “just like the old KGB,” which Sean Hannity piously told viewers was “not hyperbole.” . . . . Fox host Jeanine Pirro said, “There is a cleansing needed at the FBI and Department of Justice. What all of these denunciations lack is any concrete instance of wrongdoing by a member of Mueller’s team, much less Mueller himself. They have seized on the case of FBI agent Peter Strzok, who apparently wrote some text messages critical of Trump to a girlfriend, but who, as I wrote last week, was immediately reassigned from Mueller’s team when Mueller learned of the texts, and about whom there is as yet no proof of wrongdoing. But the path from Mueller’s appointment to the current critiques bears close examination. When Deputy Attorney General Rod Rosenstein appointed Mueller in May, the announcement drew varied conservative reactions. . . . . . some Trump backers welcomed Mueller’s appointment, seeing the former FBI director as a man of integrity who would finally clear the president. Newt Gingrich was one notable example:  "Robert Mueller is superb choice to be special counsel. His reputation is impeccable for honesty and integrity. Media should now calm down." Gingrich was right about Mueller’s reputation in Washington: He was a celebrated former FBI director, a longtime Republican, and an appointee of both Democratic and Republican presidents. And Rosenstein, who appointed him, was another example of a lifelong Republican, appointed by Trump, who had an impeccable reputation for fairness. In hindsight, this was hopelessly naive. Trump’s black-hole-like gravity is such that it overwhelms even reputations for probity and impartiality built up over decades. . . . . The opposition to Mueller is partisan, but not in that it pits Republicans against Democrats. Its partisans are loyal first and foremost to President Trump. And in the inexorable logic of fiercely loyal partisans, they can only interpret other people’s actions through the same lens. Hence they have decided that Mueller, despite no real evidence in favor of the proposition and plenty of circumstantial evidence against it, must also be entirely partisan. Back in May, when Mueller started his work, Trump partisans could still argue with a straight face that there was no collusion between the Trump campaign and Russia, there was no evidence of collusion, and there would never be any evidence of collusion. . . . . it has become impossible to claim that the special counsel’s probe is purely a fishing expedition. The July revelation of a June 2016 meeting at Trump Tower with a Russian lawyer established that if there was no collusion, it was not for want of trying. . . . . George Papadopoulos and Michael Flynn have since both pleaded guilty to lying about their contacts with Russian officials—in the former case, contacts that occurred during the campaign. Carter Page testified to the House about extensive contacts with Russians. [S]ince Mueller’s extensive indictment of Paul Manafort and Rick Gates, accusing them of laundering $75 million in foreign income, it has been harder to sustain the claim that there might not be serious crimes outside the campaign. Trump, too, has thought better of publicly repeating that he’d fire Mueller for poking into the Trump Organization or his personal finances, though that doesn’t mean he’s abandoned the idea.
Trump’s defenders have regrouped around the argument that the probe is a partisan effort to get Trump. . . . . Now, they are willing to state the stakes more bluntly: “Mueller poses an existential threat to the Trump presidency,” Newsmax CEO and Trump friend Chris Ruddy contends They are also seeking to discredit Mueller.
What drove Gingrich’s flip? . . . . Though he presents his objections today as principled, Gingrich’s reversal, and current labeling of Mueller as “corrupt,” are probably best viewed in the context of his many comically opportunistic reversals over the years. The strongest argument against Mueller is his friendship with James Comey. The problem is that given Comey’s experience as both FBI director and deputy attorney general, there is practically no qualified lawyer with government experience who isn’t connected to Comey in some way. As I wrote last week, concurring with arch-conservative Andrew McCarthy, the U.S. governmental system is constructed on the idea that politically interested individuals can set aside their biases to serve in government roles, with sufficient guidelines and checks and balances. This resembles similar right-wing critiques of academia and the press, and it is essentially nihilistic, seeking to disqualify not only avowed partisans but also those like Mueller, whose reputation Gingrich could praise heartily in May, denigrate in June, and call corrupt by December. The very idea of a reputation for fairness is obsolete before this totalizing partisanship. It doesn’t matter that Rosenstein last week rated Mueller’s work so far highly; as another lifelong Republican with a reputation for fairness, he can just as easily be written off, as Trump’s attack on him demonstrated. Thus the cynicism of The Wall Street Journal editorial board’s conclusion that “Mr. Mueller is too conflicted to investigate the FBI and should step down in favor of someone more credible.” This, of course, was just who Robert Mueller was said to be a few short months ago. Even if Rosenstein could find a replacement with a reputation as strong as Mueller’s, it’s clear that the Trump partisans would just as quickly work to undermine it. Who would satisfy the Journal’s editors? It’s hard to imagine many names beyond, say, Pirro or her Fox colleague Andrew Napolitano, both of them unshakeable Trump partisans. Appointing such a person would finally satisfy those critics, but it would also effectively end the special counsel’s investigation—which is, of course, the point.

I fully expect that Mueller, if allowed to complete his investigation, will find a panoply of crimes, some reaching up to Trump.  Congressional Republicans like Paul Ryan and Mitch McConnell know this - they may even be already aware of the crimes and/or implicated themselves.  It is critical that this investigation be allowed to run its course and the crimes and possible treason that took place exposed.  A review of Trump's history in business dealings shows that he constantly has skirted the law if not broken it.  Does anyone sane think anything about the man changed once he moved into the political realm?

Wednesday, September 07, 2016

Trump’s Mind-Boggling History of Corruption


One of the most maddening things about much of the news media is that it has become merely an echo chamber for what political candidates say without ever bothering to verify whether the statements are true or not.  Similarly, in the quest for false equivalency, the actual past and/or behavior of a candidate gets glossed over.  A case in point is Donald trump, a man with a sleazy history of corruption, what amount to political bribes, and business practices that in anyone else would be condemned as unethical and best and outright dishonest in fact.  A piece in the Washington Post looks at the idiocy of the meme that Hillary Clinton is corrupt while Trump continues to get somewhat of a pass on his shady background.  Here are excerpts:
In the heat of a presidential campaign, you’d think that a story about one party’s nominee giving a large contribution to a state attorney general who promptly shut down an inquiry into that nominee’s scam “university” would be enormous news. But we continue to hear almost nothing about what happened between Donald Trump and Florida attorney general Pam Bondi.
I raised this issue last week, but it’s worth an update as well as some contextualization. The story re-emerged last week when The Post’s David A. Fahrenthold reported that Trump paid a penalty to the IRS after his foundation made an illegal contribution to Bondi’s PAC. While the Trump organization characterizes that as a bureaucratic oversight, the basic facts are that Bondi’s office had received multiple complaints from Floridians who said they were cheated by Trump University; while they were looking into it and considering whether to join a lawsuit over Trump University filed by the attorney general of New York State, Bondi called Trump and asked him for a $25,000 donation; shortly after getting the check, Bondi’s office dropped the inquiry. At this point we should note that everything here may be completely innocent. Perhaps Bondi didn’t realize her office was looking into Trump University. Perhaps the fact that Trump’s foundation made the contribution (which, to repeat, is illegal) was just a mix-up. Perhaps when Trump reimbursed the foundation from his personal account, he didn’t realize that’s not how the law works (the foundation would have to get its money back from Bondi’s PAC; he could then make a personal donation if he wanted). Perhaps Bondi’s decision not to pursue the case against Trump was perfectly reasonable.
But here’s the thing: We don’t know the answers to those questions, because almost nobody seems to be pursuing them.
[T]he comparison with stories about Hillary Clinton’s emails or the Clinton Foundation is extremely instructive. Whenever we get some new development in any of those Clinton stories, you see blanket coverage — every cable network, every network news program, every newspaper investigates it at length. And even when the new information serves to exonerate Clinton rather than implicate her in wrongdoing, the coverage still emphasizes that the whole thing just “raises questions” about her integrity.The big difference is that there are an enormous number of reporters who get assigned to write stories about those issues regarding Clinton.
When it comes to Trump, on the other hand, we’ve seen a very different pattern. Here’s what happens: A story about some kind of corrupt dealing emerges, usually from the dogged efforts of one or a few journalists; it gets discussed for a couple of days; and then it disappears. Someone might mention it now and again, but the news organizations don’t assign a squad of reporters to look into every aspect of it, so no new facts are brought to light and no new stories get written.
The end result of this process is that because of all that repeated examination of Clinton’s affairs, people become convinced that she must be corrupt to the core. It’s not that there isn’t plenty of negative coverage of Trump, because of course there is, but it’s focused mostly on the crazy things he says on any given day.
But the truth is that you’d have to work incredibly hard to find a politician who has the kind of history of corruption, double-dealing, and fraud that Donald Trump has. The number of stories which could potentially deserve hundreds and hundreds of articles is absolutely staggering. Here’s a partial list:
  • Trump’s casino bankruptcies, which left investors holding the bag while he skedaddled with their money
  •  Trump’s habit of refusing to pay contractors who had done work for him, many of whom are struggling small businesses
  • Trump University, which includes not only the people who got scammed and the Florida investigation, but also a similar story from Texas where the investigation into Trump U was quashed.
  • The Trump Institute, another get-rich-quick scheme in which Trump allowed a couple of grifters to use his name to bilk people out of their money
  •  The Trump Network, a multi-level marketing venture (a.k.a. pyramid scheme) that involved customers mailing in a urine sample which would be analyzed to produce for them a specially formulated package of multivitamins
  • Trump Model Management, which reportedly had foreign models lie to customs officials and work in the U.S. illegally, and kept them in squalid conditions while they earned almost nothing for the work they did
  • ·Trump’s employment of foreign guest workers at his resorts, which involves a claim that he can’t find Americans to do the work
  • ·Trump’s use of hundreds of undocumented workers from Poland in the 1980s, who were paid a pittance for their illegal work
  •  Trump’s history of being charged with housing discrimination
  •  Trump’s connections to mafia figures involved in New York construction
  • ·The time Trump paid the Federal Trade Commission $750,000 over charges that he violated anti-trust laws when trying to take over a rival casino company
  • ·The fact that Trump is now being advised by Roger Ailes, who was forced out as Fox News chief when dozens of women came forward to charge him with sexual harassment. 
To repeat, the point is not that these stories have never been covered, because they have. The point is that they get covered briefly, then everyone in the media moves on. If any of these kinds of stories involved Clinton, news organizations would rush to assign multiple reporters to them, those reporters would start asking questions, and we’d learn more about all of them.
[I]t means that to a great extent, for all the controversy he has caused and all the unflattering stories in the press about him, Trump is still being let off the hook.

Sunday, September 08, 2013

Michele Bachmann May Go From Congress to Prison

I find a perverse pleasure in seeing the self-professed "godly folk" of the Republican Party political class time and time again turn out to be the biggest crooks going.  In Virginia we have seen the unfettered greed of Bob "Taliban Bob" McDonnell link to possible gifts in exchange for political favors.  Religious zealot Ken Cuccinelli is yet another crooked GOP politician who accepted gifts from Jonnie R. Williams/Star Scientific  and seemingly had his office intercede for energy company benefactors.  And perhaps one of the looniest - and also most hypocritical of them all - Michele Bachmann, now seems headed to possible indictment. Her snake oil merchant, "ex-gay" myth peddling husband Marcus - a/k/a Marcia - Bachmann may be involved as well.  Whenever a politician talks incessantly about religion and claimed faith and piety, the moral is to watch and follow the money.  The New York Times has details.  Here are highlights:

Representative Michele Bachmann’s presidential hopes ended 20 months ago, but her brief and chaotic campaign continues to be the focus of ethics investigations.

The latest is a federal inquiry into whether an outside “super PAC” improperly coordinated strategy with Mrs. Bachmann’s campaign staff, including her husband, in violation of election laws. 

The Department of Justice demanded records from the super PAC last week of its finances and its communications with Mrs. Bachmann; Marcus Bachmann, her husband; and former staff members, according to a grand jury subpoena reviewed by The New York Times. 

The investigation appears to stem from a complaint a former campaign staff member made to the Federal Election Commission and to the F.B.I. The staff member told of overhearing the president of the super PAC asking a Bachmann senior adviser about buying advertising on radio and TV stations in Des Moines ahead of the Iowa caucus on Jan. 3, 2012. 

Coordination between a campaign and a super PAC violates federal election law if it meets certain criteria, said Paul S. Ryan, a senior counsel at the independent Campaign Legal Center. 

Mrs. Bachmann is already the subject of a House Ethics Committee investigation into her campaign finances and allegations her staff was improperly used to promote her political biography, “Core of Conviction.”

The turmoil of her final weeks has spawned multiple accusations of impropriety. A coordinator for Christian home-school families sued Mrs. Bachmann, accusing her of stealing a mailing list; the suit was recently settled. An Iowa state senator who was chairman of Mrs. Bachmann’s campaign is under investigation by the Iowa Supreme Court over whether he was improperly paid. 

In a complaint to the F.E.C. in February, Peter Waldron, a Florida Republican operative hired to enlist evangelical Iowa pastors, described overhearing the president of the super PAC ask Brett O’Donnell, a senior campaign adviser, about radio and TV stations.

Mr. Waldron, who calls himself a whistle-blower, also disclosed an e-mail from Mr. Bachmann describing a phone call Mr. Bachmann made to a donor asking for $7,000. In the e-mail, Mr. Bachmann wrote that the donor had agreed to give the money through the super PAC. He concluded: “Praise the Lord!! Thank you Peter for your servant leadership.”

Mr. Waldron, who has a controversial past, has been dismissed by other former Bachmann staff members as a disgruntled employee who had limited responsibilities. Last month he published a critical e-book, “Bachmannistan: Behind the Lines.”

Sunday, July 28, 2013

Pennsylvania County Begins Offering Same-Sex Marriage Licenses





The hate merchants and Christofascists at the National Organization for Marriage ("NOM") have their panties in a major wad over the issuance of marriage licenses to same sex couples by the Montgomery County, Pennsylvania, county registry.  Huffing and puffing NOM is calling the actions "lawlessness" even though NOM has no problem violating campaign finance laws all across the country with open abandon.  As always, NOM's hypocrisy is stunning.  The county register rightly determined that Pennsylvania's gay marriage ban is unconstitutional in light of the ruling in United States v. Windsor, and therefore began issuing licenses.  Think Progress has details:

Alicia Terrizzi and Loreen Bloodgood obtained a marriage license and were wed a short time thereafter Wednesday in Montgomery County, Pennsylvania, despite a state law banning same-sex marriage. The County’s Registry of Wills, Bruce Hanes, had been contacted by another couple earlier in the week about the possibility, and after consulting with his solicitor, Michael Clarke, decided that issuing same-sex licenses was the proper way to honor his oath to uphold the Pennsylvania constitution:
Based upon the advice of Mr. Clarke, my own analysis of the law and mindful of the Attorney General’s belief that Pennsylvania’s marriage laws are unconstitutional, I decided to come down on the right side of history and the law
When I took the oath of office 19 months ago, I swore to uphold the U.S. and the Pennsylvania Constitutions. Article 1 Section 1 of the Pennsylvania Constitution, aptly entitled “Inherent rights of mankind,” says “all men are born equally free and independent, and have certain inherent and indefeasible rights, among which is “pursuing their own happiness.”
Article 1, Section 26 of the Constitution says, “Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right.”

Furthermore, Article 1 Section 28 says, “Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the sex of the individual.”
Pennsylvania Attorney General Kathleen Kane announced earlier this month that she would not defend a federal challenge to the state’s law banning same-sex marriage because she believes it to be unconstitutional. Unlike many states, Pennsylvania does not have a constitutional amendment enforcing discrimination against gay couples, only a state law. A group of 23 plaintiffs, including ten couples, two of their children, and a widow, are challenging that law in federal court.

The fate of these marriages is unclear, but for now, Hanes has the support of the Chair and Vice Chair of the Montgomery County Board of Commissioners, who called it a historic day. Presumably, he will continue to offer such licenses unless some form of legal action prevents him from doing so.