The Russia Investigations and other Trump-related cases

[N.E. Brigand]

A new analysis in the Washington Post explains why the audits of Comey and McCabe could have an innocent explanation: both men's income shot up after they were fired and became best-selling authors (and in McCabe's case, a CNN commentator).

[RoseMorninStar]

Quote from the previously linked article:

IRS algorithms select taxpayers for National Research Program audits from a pool that disproportionately includes high-income taxpayers who are self-employed, or who generate revenue through sole proprietorships or from investments.

I had not read this before, that the IRS chose from a 'pool that disproportionately includes high-income taxpayers who are self-employed...' and both men had previously had stable income which greatly changed after they left service. That would give different odds than 1 in 30,000 random taxpayers.

[N.E. Brigand]

Army seeking to recoup nearly $40,000 from Michael Flynn for foreign payments.

Because he violated the Emoluments Clause when he was paid to attend a Russian dinner in 2015 -- where he was seated next to Vladimir Putin!

The pardon that President Trump issued to Flynn was one the broadest pardons written since President Ford's pardon of Richard Nixon. Trump pardoned Flynn for everything that conceivably fell under the scope of the FBI's 2016 investigation into his activities. I have to imagine Flynn will fight the Army on those grounds.

It's also interesting to learn that people actually can be punished for violating the Emoluments Clause.

[N.E. Brigand]

The depositions of Donald Trump and two of his children scheduled for today in New York's civil suit against the Trump Org. has been postponed, quite understandably, following the death yesterday at age 73 of Ivana Trump, who was Donald Trump's first wife and the mother of his three oldest children.

[N.E. Brigand]

Not sure whether this news that I missed last week relates to Trump, but his longtime confidant Roger Stone has settled with the IRS and will pay more than $2 million in back taxes.

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On multiple occasions, most recently in 2021, Donald Trump complained to the board that awards Pulitzer Prizes, so they reexamined the coverage of the Trump-Russia scandal that won 2018 awards for the New York Times and Washington Post. After undertaking that unusual review, the Pulitzer board has announced that they will not rescind the awards as Trump requested. He had referred to those newspapers' work as "false reporting of a non-existent link between the Kremlin and the Trump Campaign." The board arranged for two independent reviews, both of which reached the same result: "no passages or headlines, contentions or assertions in any of the winning submissions were discredited by facts that emerged subsequent to the conferral of the prizes."

Among other things, Trump had argued that Special Counsel John Durham's 2021 indictment of Clinton campaign attorney Michael Sussmann for making false statements to the FBI showed that the Post and Times reporting was untrue. It probably didn't help Trump's argument that -- as everyone here knows -- Sussmann was found not guilty in a 2022 trial that mostly showed how shoddy Durham's work has been.

[N.E. Brigand]

As everyone knows, Robert Mueller's 2017-19 investigation identified more than ten possible cases of obstruction of justice, some more clear-cut than others, for which he determined he was unable to charge Donald Trump (because Trump was a sitting president) but for which he also explicitly declined to exonerate Trump. He left it for Congress to decide whether or not to impeach, or to the Dept. of Justice after Trump was no longer president to decide whether or not to indict.

Quite a few people have pointed out recently that the five-year statutes of limitations for charging these possible crimes -- for actions that Trump began to take in 2017 -- are now expiring. For example, James Comey was fired in May 2017, so if that was a criminal act, then it's too late to charge it now. So why hasn't the Department of Justice under Attorney General Merrick Garland taken up those cases? Revisiting some of her earlier discussions on this subject, Marcy Wheeler explains that a key reason is that if Trump were to be charged, he could call the former Attorney General, William Barr, to testify in his defense. Following the completion of Mueller's report, Barr announced, and later testified to Congress, that based on his review of Mueller's report, that he had determined that there was no case to be made against Trump. And while I think Barr's reasoning was a sham, it's not me but a jury of twelve people who would have to convict, and overcoming the legal opinion of the former Attorney General would be a high bar for the Dept. of Justice to clear.

[Voronwë the Faithful]

Meanwhile, while we wait for the depositions in the civil case brought by the NY AG of Trump and his two older children to be scheduled following the 'accidental' death of his ex-wife and their mother, his main lawyer in that case, Alina Habba, has been sued by a former legal assistant for racial harassment for blasting and singing along with racially and sexually charged hip hop in the office and for saying about NY AG Letitia James, "“I hate that Black b*tch!” The Legal Assistant Na’syia Drayton alleges that after she informed Habba and her partner on June 9 that she felt uncomfortable in the workplace, citing the music and the remark about the attorney general, Habba fired her.

[Sunsilver]

I just Googled her, and found this scathing review from The Daily Beast: http://thehalloffire.net/forum/viewtopi ... start=1440

It makes sense of why he picked her, but doesn't bode well for their relationship.

But it hasn’t just been her courtroom lawyering that’s drawn the ire of fellow Trump lawyers. Habba signed off on a court filing last month making assertions that were immediately countered by Trump’s own public statement the very next day.

While court papers said Trump “denies knowledge” about the way his brand value was used to inflate the value of business properties, Trump himself quickly turned around and publicly detailed exactly how he slapped a brand premium that inflated the value of some business properties in 2014. Attorneys at the James’ office seized on that and asked the judge to treat Trump’s statement as admissions, forcing Trump to testify for the office’s ongoing bank fraud and tax dodging investigation.

The judge later ruled Trump must appear for questioning under oath, and that ruling is heading to a state appeals court.

Sources said the public statement had been reviewed by Trump’s lawyers before it was published, making the legal self-own even more confounding.

One source in Trump’s orbit who spoke to The Daily Beast wondered whether Habba had found herself in the same position as so many Trump lawyers before her: stuck with an unruly client who will say anything he wants, consequences be damned.

[N.E. Brigand]

Meanwhile, while we wait for the depositions in the civil case brought by the NY AG of Trump and his two older children to be scheduled following the 'accidental' death of his ex-wife and their mother ...

The timing of Ivana Trump's death was striking, but I can't see how a delay of (probably) a few weeks helps Trump's case. And the medical examiner didn't report anything suspicious. Sadly, older people are likelier to fall and to be seriously injured when they do.

To be sure, this is exactly the sort of random accident that conspiracy theorists on the right love to attach to Bill and Hillary Clinton. They even try to blame the Clintons for Jeffrey Epstein's suicide, despite that happening while Epstein's friend Donald Trump was president and while Bill Bar, the son of Epstein's old boss, was attorney general and thus in charge of the prison system where Epstein killed himself.

[RoseMorninStar]

Meanwhile, while we wait for the depositions in the civil case brought by the NY AG of Trump and his two older children to be scheduled following the 'accidental' death of his ex-wife and their mother ...

The timing of Ivana Trump's death was striking, *but I can't see how a delay of (probably) a few weeks helps Trump's case. And the medical examiner didn't report anything suspicious. Sadly, older people are likelier to fall and to be seriously injured when they do.

To be sure, this is exactly the sort of random accident that conspiracy theorists on the right love to attach to Bill and Hillary Clinton. They even try to blame the Clintons for Jeffrey Epstein's suicide, despite that happening while Epstein's friend Donald Trump was president and while Bill Bar, the son of Epstein's old boss, was attorney general and thus in charge of the prison system where Epstein killed himself.

I hesitate to contribute to the conspiracy machine as well, but what adds to the striking timing is the (potential) upcoming announcement *(see bolding) that Trump is running for President which some believe will require the stop of investigations by the DOJ.

[Voronwë the Faithful]

To be clear, I don't honestly believe that Ivanna Trump's death was anything but an unfortunate accident. But the timing is suspicious.

[Sunsilver]

I just checked on Ivana's cause of death. 73 isn't considered that old these days, and Ivana was a former ski racer. People who have been athletic in the past usually retain superior fitness in their old age. I remember looking after a former soccer player in hospital - his normal resting pulse rate was still in the 50's!

I also recently watched a Nat Geo Wild special about the historic exploration of a cave system, which required the explorers to spend over a week underground, and do very dangerous climbs up and down sheer cliffs. The leader of the expedition was 70!

So, this definitely has me going hmm....

OTOH, I know nothing of Ivanka's lifestyle in more recent years. Maybe she was into unhealthy things (drinking, drugs) that would make a fall more likely.

[N.E. Brigand]

RICO!

Trump sues Hillary Clinton and DNC, alleging conspiracy to link his campaign to Russia

Words fail

"A federal judge has removed fired FBI director James Comey, fired FBI Deputy Director Andrew McCabe, fired FBI agent Peter Strzok, resigned FBI lawyer Lisa Page, and former FBI lawyer Kevin Clinesmith as personal defendants in Donald Trump’s RICO lawsuit against Hillary Clinton and other individuals and institutions." This was a Westfall Act Substitution, by which the Dept. of Justice filed a motion that the actions for which Trump is suing those five people happened in the course of their job duties, and therefore Trump would have to sue the federal government for their actions -- and good luck with that. This is the same procedure by which President Donald Trump himself might yet avoid liability in the defamation lawsuit filed against him in 2019 by E. Jean Carroll. The judge in that case ruled against the motion brought by the Dept. of Justice to substituted the federal government (which apparently is immune from defamation claims, so that would be the end of Carroll's suit), on the grounds that Trump's statements about Carroll fell outside the scope of his job, but there is an appeal pending.

[N.E. Brigand]

It's not something that would be investigated, but I think this is the right thread to note that former President Donald Trump today said, apparently in all seriousness:

"In fact, as President, I wanted to give myself the Congressional Medal of Honor but they wouldn’t let me do it. They wouldn't let me do it. I would say, 'I'm going to give myself the' -- I always wanted that, but they wouldn't let me do it. They said that would be inappropriate. I said OK."

Video here. The Congressional Medal of Honor (officially called just the "Medal of Honor") is awarded to military service members, often posthumously, for exceptional bravery in combat. Donald Trump has never served in the military.

Possibly Trump meant to say that he wished to award himself the Presidential Medal of Freedom, a civilian honor which is given for "an especially meritorious contribution to the security or national interests of the United States, world peace, cultural or other significant public or private endeavors." It is true that no President has ever bestowed this honor upon himself.

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And since I'm posting: also today, the former president's eldest son once again gave a rather manic speech (video) in support of Republican causes.

[Voronwë the Faithful]

Ivanka and Donald Trump Jr. sit for depositions as part of NY probe into Trump Organization's finances

Former President Donald Trump is expected to testify later this month.

[Voronwë the Faithful]

I'm going to resist putting this in the WTF thread and put it hear instead, since it certainly appears to be clear evidence of illegal conduct, though of course it is unlikely that anything will come of it.

Haberman confirms Trump habit that was bad for plumbing and his presidency

[RoseMorninStar]

I'm going to resist putting this in the WTF thread and put it hear instead, since it certainly appears to be clear evidence of illegal conduct, though of course it is unlikely that anything will come of it.

Haberman confirms Trump habit that was bad for plumbing and his presidency

But it's not a gold toilet.

[N.E. Brigand]

I'm going to resist putting this in the WTF thread and put it hear instead, since it certainly appears to be clear evidence of illegal conduct, though of course it is unlikely that anything will come of it.

Haberman confirms Trump habit that was bad for plumbing and his presidency

And there are even photos! Of documents in a White House toilet. Unbelievable.

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Another story about the Trump administration out today is mostly non-criminal but equally whiskey-tango-foxtrot:

Trump Asked Aide Why His Generals Couldn’t Be Like Hitler’s

That's per New Yorker reporting on an upcoming book by Susan Glaser and Peter Baker, with information clearly sourced (directly or indirectly) to John Kelly, the former Marine general who was President Trump's longest-serving White House chief of staff (July 2017-Jan. 2019). Trump wishes U.S. generals were as "totally loyal" to him as Nazi generals were to Hitler. (Or at least as loyal as Trump believed them to be: Kelly pointed out to him that multiple generals had been involved in attempts to assassinate Hitler.)

The new book also expands on previous reporting about how President Trump in 2020 asked General Mark Milley, the chairman of the joint chiefs of staff, to have troops fire on Black Lives Matter protesters: "Can’t you just shoot them? Just shoot them in the legs or something?" When Milley said they couldn't do that, Trump said, "You are all losers!"

Soon after, Milley wrote but didn't submit a letter of resignation (he's still in the role: like most chairs, his service extended across presidential administrations). In it, Milley (would have) told Trump, "You don’t understand what [World War II] was all about. In fact, you subscribe to many of the principles that we fought against." But Milley decided it was more important to stay at his post to "stop Trump from doing any more damage, while also acting in a way that was consistent with his obligation to carry out teh orders of his commander in chief." Milley apparently told an aide, "If they want to court-martial me, or put me in prison, have at it."

Finally, the book also reports that after President Trump attended the Bastille Day parade In Paris in 2017, he told Kelly that he wanted the U.S. to have a similar event on the Fourth of July. That much has previously been reported. What's new is that Trump told Kelly, "Look, I don't want any wounded guys in the parade. This doesn't look good for me."

Regarding the possibility of this parade, another officer, Air Force General Paul Selva, who was Milley's vice chair, told Trump, "I didn't grow up in the United States, I actually grew up in Portugal. Portugal was a dictatorship — and parades were about showing the people who had the guns. And in this country, we don’t do that. It’s not who we are."

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Returning to the Russia investigation: in a new interview, Donald Trump's 2016 campaign chair, Paul Manafort now admits that he did share private polling data with the Russian agent Konstantin Kilimnik, but he says that (1) it was either public or out-of-date information and (2) he did so for personal financial reasons and not to help Trump beat Hillary Clinton. As the article notes, this contradicts what has previously been reported, so what we should be asking ourselves is not "Is Manafort telling the truth?" (he's not) but "Why is he now confirming part of the story?" Remember, he could have admitted everything as part of the plea agreement with Robert Mueller's team and gotten off easy. Instead, he lied and served nearly two years in prison before Donald Trump pardoned him.

[N.E. Brigand]

Huh. Since having been found in contempt in July for not complying with a subpoena for documents in New York's civil suit, the Trump Organization's real estate appraiser, Cushman & Wakefield, has turned over nearly 36,000 pages. New York's attorney general has asked the judge to purge the contempt order, meaning that C&W won't have to pay the $10,000 per day fine, but I have to ask: why on earth did the firm not provide this material in the first place?

[Voronwë the Faithful]

A lot of times it really comes down to simple entropy. It sounds like James and her team are satisfied with what Cuman &Wakefield have produced, which suggests that once they got off their collective butts and did it, they produced what the AG's office was looking for. Which does does not bode well for Trump.