Showing posts with label un-indicted co-conspirator. Show all posts
Showing posts with label un-indicted co-conspirator. 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.