Exclusive: First charges filed in Mueller investigation

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K1052

Elite Member
Aug 21, 2003
46,885
34,850
136
In my opinion they already have Trump dead to rights on obstruction of justice. He admitted on national television that he fired the director of the FBI for investigating his campaign/administration's ties to Russia.

It will be an irony for the ages that Trump's own mouth will probably sink him, courtesy of Lester Holt and FAKE NEWS NBC.
 
Nov 30, 2006
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In my opinion they already have Trump dead to rights on obstruction of justice. He admitted on national television that he fired the director of the FBI for investigating his campaign/administration's ties to Russia.
I'm having trouble finding the quote where Trump explicitly stated that the Russia investigation into his campaign was the reason he fired Comey.
 
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[DHT]Osiris

Lifer
Dec 15, 2015
14,659
12,782
146
They have gotten away with the shady shit for so long they feel untouchable. They never realized it was because they had never really been truly investigated by someone who didn’t see them as potential political donor.
The arrogance of people who think they'll never end up in trouble they can't evade or buy themselves out of is always amazing to witness when the ride ends.
It's amazing how power can blind your thinking and rationality. Remember for many of these people they're used to getting their way, legality be damned.

I've seen it at my own organization and I'm sure many others have seen it as well. I'm just a mid-manager sorts but my job is pretty important/I have a lot of useful skills. We had a crisis a couple weeks ago that would have been a good application of said skills. I volunteered to help and was flat out told no by higher ups who then cherry picked folks to help. The people they put in charge then royally messed things up the first 48 hours because they lacked the exact skills I had and when I tried to point out the errors being made I was shunned/shouted down.

And what's happened since then? Those people were praised for the great job they did.

Now imagine that times 10000000 for those in Trump's orbit. They don't think there will ever be consequences for their actions even when illegal/unethical.
So much this, one need only look as far as Martin Shkreli's fucking face to see to what level people can delude themselves into thinking they're above it all.

And he wasn't even particularly powerful, just rich.
 
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Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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In my opinion they already have Trump dead to rights on obstruction of justice. He admitted on national television that he fired the director of the FBI for investigating his campaign/administration's ties to Russia.


Not exactly. Trump talked about "the Russian thing" and then went on to say it was a made up story by Democrats. Comey was playing along with this ridiculous nonsense and so he tossed him, or so the defense might reasonably claim.

Regardless of what we believe the defense will present the context of statements and argue that was the reason for termination, a political farce about something which isn't real.

Considering all that was said, not just a snippet Trump would have an excellent defense because there is reasonable doubt cast as to motive.

Of course that is the justification for the process Mueller is engaged in, however on the merits of the interview statements the prospects half the House impeaching and 2/3's of the Senate to remove him are vanishingly small.

Better to build a basis to support the contention with evidence beyond NBC's interview.
 

jackstar7

Lifer
Jun 26, 2009
11,679
1,944
126
I'm having trouble finding the quote where Trump explicitly stated that the Russia investigation into his campaign was the reason he fired Comey.
You only judge people on what they explicitly say, eh?

You must have a lot of friends.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
I'm having trouble finding the quote where Trump explicitly stated that the Russia investigation into his campaign was the reason he fired Comey.

You're not looking very hard. See May 9-

http://fortune.com/2017/10/31/donald-trump-investigation-timeline/

http://www.cnn.com/2017/05/12/politics/trump-comey-russia-thing/index.html

It was obvious at the time & even more obvious today that Russia went to great lengths to aid in his election. It's also obvious in retrospect that the FBI was already on to Manafort. It never was the made up story that he claimed.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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You only judge people on what they explicitly say, eh?

You must have a lot of friends.

In a court of law he wins. "This Russia thing" was contextually framed as a hoax by the Democrats in the interview. Why should Trump tolerate the head of the FBI siding with the Dems attacking him with a farce?

In a court Trump doesn't have to prove he meant what he said, but the prosecution must present an overwhelming fact based argument that Trump didn't mean what his defense claims.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
I'm having trouble finding the quote where Trump explicitly stated that the Russia investigation into his campaign was the reason he fired Comey.

Trump quotes:

Quote 1: He was firing Comey based off his own decision, not the recommendation of the AG and Deputy AG as he previously lied about:

“I was going to fire regardless of recommendation. He made a recommendation. He’s highly respected. Very good guy, very smart guy, the Democrats like him, the Republicans like him, he made a recommendation. But regardless of recommendation, I was going to fire Comey.”

Then he describes his thought process when he made the decision to fire Comey.

When I decided to just do it I said to myself, I said, you know, this Russia thing, with Trump and Russia, is a made up story, it’s an excuse for the Democrats to have lost an election that they should have won.

I don't know how much clearer anyone needs it to be than that. He said he fired Comey because of the Russia investigation. He also later said to the Russians(!) that firing Comey was good for him because it took pressure off, showing that he perceived the firing of Comey to benefit him personally. Pretty obvious statement of corrupt intent.
 

K1052

Elite Member
Aug 21, 2003
46,885
34,850
136
In a court of law he wins. "This Russia thing" was contextually framed as a hoax by the Democrats in the interview. Why should Trump tolerate the head of the FBI siding with the Dems attacking him with a farce?

In a court Trump doesn't have to prove he meant what he said, but the prosecution must present an overwhelming fact based argument that Trump didn't mean what his defense claims.

To my knowledge that's not how an obstruction charge would be laid out against him. It would depend on showing a pattern of obstructive behavior, a charge which the answers he gave in the NBC interview would appear to support.

Also remains to be seen what he told other people in his orbit or what they themselves saw. Since apparently big mouth told the Russians that Comey being gone relieved pressure on him re:Russia then christ only knows what he told others.
 

Paratus

Lifer
Jun 4, 2004
16,849
13,785
146
Apparently the judge in the Manafort/Gates trial has denied them attorney client privilege on a few limited topics.

http://www.slate.com/articles/news_..._t_entitled_to_attorney_client_privilege.html

Basically Mueller has evidence they used their attorney to pass lies to the government. Their attorney can be questioned on this matter.

(Basically you can tell your attorney anything but you can’t ask them to do something illegal and still count on attorney client privilege)

Also here’s the NBC interview with Trump
And Lester Holt for those who were interested.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
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In a court of law he wins. "This Russia thing" was contextually framed as a hoax by the Democrats in the interview. Why should Trump tolerate the head of the FBI siding with the Dems attacking him with a farce?

It was not framed as a hoax by the Democrats in the interview. (there wasn't anyone present but him and Lester Holt) Trump himself framed it as a hoax while talking about it, but that doesn't matter. As to what Trump should or shouldn't tolerate that's irrelevant to obstruction of justice which is defined as this:

https://www.law.cornell.edu/uscode/text/18/1503

Whoever corruptly, or by threats or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, magistrate judge, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice, shall be punished as provided in subsection (b). If the offense under this section occurs in connection with a trial of a criminal case, and the act in violation of this section involves the threat of physical force or physical force, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.

Trump certainly impeded Comey in the discharge of his official duty of pursuing the due administration of justice by firing him. The only question is if he did so 'corruptly', which means for an improper purpose. Shielding his administration from investigation or embarrassment would certainly qualify to me so that's kind of the end of it.

In a court Trump doesn't have to prove he meant what he said, but the prosecution must present an overwhelming fact based argument that Trump didn't mean what his defense claims.

Here's a good Brookings piece on it.

https://www.brookings.edu/wp-conten...-justice-the-case-of-donald-j-trump-final.pdf
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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To my knowledge that's not how an obstruction charge would be laid out against him. It would depend on showing a pattern of obstructive behavior, a charge which the answers he gave in the NBC interview would appear to support.

Also remains to be seen what he told other people in his orbit or what they themselves saw. Since apparently big mouth told the Russians that Comey being gone relieved pressure on him re:Russia then christ only knows what he told others.

And this is why Mueller hasn't brought obstruction charges.

"Why did you fire Comey"
"Because he was part of the hoax".

As a prosecutor you cannot win against that. "But that was about Russia which we know isn't a hoax"

"That's what you say. I believe the Dems were sore losers and are making this all up".

Mueller may indeed get Trump on obstruction but Trumps interviews and tweets will not withstand an average legal defense.

As you say it's a basis for the investigation, but not good evidence.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
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And this is why Mueller hasn't brought obstruction charges.

"Why did you fire Comey"
"Because he was part of the hoax".

As a prosecutor you cannot win against that. "But that was about Russia which we know isn't a hoax"

"That's what you say. I believe the Dems were sore losers and are making this all up".

Mueller may indeed get Trump on obstruction but Trumps interviews and tweets will not withstand an average legal defense.

As you say it's a basis for the investigation, but not good evidence.

He hasn't brought obstruction charges because he likely can't bring them against the president. Also, anything he does say about the president will be the very, very last thing he does in his investigation. That he hasn't brought them yet doesn't mean anything.

Trump believing that the Russia investigation was a hoax would not protect him from obstruction of justice charges in any way. If Trump acted to stop Comey's investigation in order to protect himself, even if he thought the charges were trumped up (har) or wrong he's still guilty.
 

K1052

Elite Member
Aug 21, 2003
46,885
34,850
136
And this is why Mueller hasn't brought obstruction charges.

"Why did you fire Comey"
"Because he was part of the hoax".

As a prosecutor you cannot win against that. "But that was about Russia which we know isn't a hoax"

"That's what you say. I believe the Dems were sore losers and are making this all up".

Mueller may indeed get Trump on obstruction but Trumps interviews and tweets will not withstand an average legal defense.

As you say it's a basis for the investigation, but not good evidence.

I'd preface that with a "yet". He'd be the very last person charged in any event.

Should they turn up testimony from people present or hard evidence his statements will surely be used to reinforce the case.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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It was not framed as a hoax by the Democrats in the interview. (there wasn't anyone present but him and Lester Holt) Trump himself framed it as a hoax while talking about it, but that doesn't matter. As to what Trump should or shouldn't tolerate that's irrelevant to obstruction of justice which is defined as this:

https://www.law.cornell.edu/uscode/text/18/1503



Trump certainly impeded Comey in the discharge of his official duty of pursuing the due administration of justice by firing him. The only question is if he did so 'corruptly', which means for an improper purpose. Shielding his administration from investigation or embarrassment would certainly qualify to me so that's kind of the end of it.



Here's a good Brookings piece on it.

https://www.brookings.edu/wp-conten...-justice-the-case-of-donald-j-trump-final.pdf

Obstruction hinges on intent, or corrupt purpose. Remember in the interview there were statements on "the Russia thing" being a hoax. From the position of the defense termination of someone believed to be participating in a conspiracy against Trump would not be obstructing an investigation.

Bull? Sure, but it's not me you have to convince. You have to demonstrate with more than definitions that effectively Trump MUST have not decided based on beliefs regarding the credibility or purpose of the investigation. So he decided to fire Comey regardless of the recommendation? Well why wouldn't he? Whatever Comey may have done he was a political hack working to create a fraud against Trump.

Again, that's not my perspective but a possible defense.

Prove beyond a reasonable doubt that could not have been the case. If that could be done then Mueller would already have brought an indictment. Since it hasn't one may deduce that more is needed for a successful prosecution.
 

thilanliyan

Lifer
Jun 21, 2005
11,912
2,130
126
Even if there WAS any collusion to get Trump elected, damage is already done...it's not like the elections can be redone. And choosing between Trump and Pence...
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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I'd preface that with a "yet". He'd be the very last person charged in any event.

Should they turn up testimony from people present or hard evidence his statements will surely be used to reinforce the case.

I am confident that Mueller will create a strong case. That was never in doubt.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
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He hasn't brought obstruction charges because he likely can't bring them against the president. Also, anything he does say about the president will be the very, very last thing he does in his investigation. That he hasn't brought them yet doesn't mean anything.

Trump believing that the Russia investigation was a hoax would not protect him from obstruction of justice charges in any way. If Trump acted to stop Comey's investigation in order to protect himself, even if he thought the charges were trumped up (har) or wrong he's still guilty.


Well we're going to find out. I've been doing a fair amount of background research on top prosecutors. They won't take any chances with something like this.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
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Obstruction hinges on intent, or corrupt purpose. Remember in the interview there were statements on "the Russia thing" being a hoax. From the position of the defense termination of someone believed to be participating in a conspiracy against Trump would not be obstructing an investigation.

I'm sure from the defense's position it wouldn't be but from the law's position it would be. Belief that you are the victim of a conspiracy that you are terminating does not immunize you from obstruction of justice charges. If that were the case nobody could be convicted of it ever as all they would say is 'I thought the investigation was corrupt'. If investigators find Trump fired Comey to protect himself from the investigation he's screwed, and it's obvious from the video that he did.

Bull? Sure, but it's not me you have to convince. You have to demonstrate with more than definitions that effectively Trump MUST have not decided based on beliefs regarding the credibility or purpose of the investigation. So he decided to fire Comey regardless of the recommendation? Well why wouldn't he? Whatever Comey may have done he was a political hack working to create a fraud against Trump.

Again, that's not my perspective but a possible defense.

Prove beyond a reasonable doubt that could not have been the case. If that could be done then Mueller would already have brought an indictment. Since it hasn't one may deduce that more is needed for a successful prosecution.

Mueller would definitely not have already brought an indictment. First, you likely can't indict a sitting president. Second, there's probably a lot more to bring against Trump than that and he will wait until he has it all to act.

You have my prediction now that Mueller eventually issues a report that Trump has violated a number of laws, obstruction of justice being one of them, and these statements will play a central role in that determination.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Obstruction hinges on intent, or corrupt purpose. Remember in the interview there were statements on "the Russia thing" being a hoax. From the position of the defense termination of someone believed to be participating in a conspiracy against Trump would not be obstructing an investigation.

Bull? Sure, but it's not me you have to convince. You have to demonstrate with more than definitions that effectively Trump MUST have not decided based on beliefs regarding the credibility or purpose of the investigation. So he decided to fire Comey regardless of the recommendation? Well why wouldn't he? Whatever Comey may have done he was a political hack working to create a fraud against Trump.

Again, that's not my perspective but a possible defense.

Prove beyond a reasonable doubt that could not have been the case. If that could be done then Mueller would already have brought an indictment. Since it hasn't one may deduce that more is needed for a successful prosecution.

Firing Comey & then trying to justify it in such a fashion was arrogant & stupid beyond belief. Trump is unfit to lead this great nation.
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
The Special Counsel mandate is rather broad. Any russian coordination with the Trump campaign. Anything that is found in the course of the investigation (really open ended). Anything pursuant to 28 CFR 600.4 (perjury, obstruction, etc.).

The middle one is the kicker. Any lead they turn up in the course of investigating anyone for the first is allowable. Kiddie porn on Bannon's email ... fair game.

Yes, and Trump's finances are a legitimate area of inquiry in any investigation over collusion. Trump may be indebted to Russian oligarchs, may have committed financial crimes that the Russiasn know about, etc. It's all tied in.
 

woolfe9998

Lifer
Apr 8, 2013
16,189
14,102
136
Obstruction hinges on intent, or corrupt purpose. Remember in the interview there were statements on "the Russia thing" being a hoax. From the position of the defense termination of someone believed to be participating in a conspiracy against Trump would not be obstructing an investigation.

Bull? Sure, but it's not me you have to convince. You have to demonstrate with more than definitions that effectively Trump MUST have not decided based on beliefs regarding the credibility or purpose of the investigation. So he decided to fire Comey regardless of the recommendation? Well why wouldn't he? Whatever Comey may have done he was a political hack working to create a fraud against Trump.

Again, that's not my perspective but a possible defense.

Prove beyond a reasonable doubt that could not have been the case. If that could be done then Mueller would already have brought an indictment. Since it hasn't one may deduce that more is needed for a successful prosecution.

No, you need only intend to obstruct an investigation. It matters not where the investigation would otherwise lead. What you're claiming is a defense, is no defense at all.

https://www.law.cornell.edu/wex/obstruction_of_justice

The corrupt intent here comes from the fact that is was Trump and his associates under investigation. Even if that investigation would never have produced criminal liability - yet it already has which in an of itself negates your argument - it doesn't matter. It still benefits Trump personally by removing a political impediment for him. To use the power of office for personal benefit is corrupt.
 
Nov 30, 2006
15,456
389
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And this is why Mueller hasn't brought obstruction charges.

"Why did you fire Comey"
"Because he was part of the hoax".

As a prosecutor you cannot win against that. "But that was about Russia which we know isn't a hoax"

"That's what you say. I believe the Dems were sore losers and are making this all up".

Mueller may indeed get Trump on obstruction but Trumps interviews and tweets will not withstand an average legal defense.

As you say it's a basis for the investigation, but not good evidence.
I agree. I took the hoax reference to be referring to the dossier...which he adamantly believes is indeed a hoax. I don't believe he wasn't saying Russian influence in the election was a hoax, he said it was an excuse used by Democrat. Note that he specifically stated that he wanted the investigation "absolutely done properly". For anyone to frame this as "dead to rights on obstruction of justice" is delusional imo.
 

fskimospy

Elite Member
Mar 10, 2006
84,825
49,527
136
I agree. I took the hoax reference to be referring to the dossier...which he adamantly believes is indeed a hoax. I don't believe he wasn't saying Russian influence in the election was a hoax, he said it was an excuse used by Democrat. Note that he specifically stated that he wanted the investigation "absolutely done properly". For anyone to frame this as "dead to rights on obstruction of justice" is delusional imo.

Maybe you should read the post from an actual lawyer above and revise your opinion about what is delusional.
 
Feb 4, 2009
34,703
15,951
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I agree. I took the hoax reference to be referring to the dossier...which he adamantly believes is indeed a hoax. I don't believe he wasn't saying Russian influence in the election was a hoax, he said it was an excuse used by Democrat. Note that he specifically stated that he wanted the investigation "absolutely done properly". For anyone to frame this as "dead to rights on obstruction of justice" is delusional imo.

Psss....
He's called the Russian interference a hoax many times, he's even tweeted it

https://www.msn.com/en-gb/news/world/donald-trump-russia-election-meddling-claims-a-hoax/ar-AAsm5yI
 
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