Wednesday, March 28, 2018

Is Dowd leaking sour grapes already?

A lawyer for President Trump broached the idea of Mr. Trump pardoning two of his former top advisers, Michael T. Flynn and Paul Manafort, with their lawyers last year, according to three people with knowledge of the discussions.

The discussions came as the special counsel was building cases against both men, and they raise questions about whether the lawyer, John Dowd, who resigned last week, was offering pardons to influence their decisions about whether to plead guilty and cooperate in the investigation.

[...]

Mr. Dowd has said privately that he did not know why Mr. Flynn had accepted a plea, according to one of the people. He said he had told Mr. Kelner that the president had long believed that the case against Mr. Flynn was flimsy and was prepared to pardon him, the person said.

[...]

It is unclear whether Mr. Dowd discussed the pardons with Mr. Trump before bringing them up with the other lawyers.

  New York Times
Really?? Why would he ever go out on his own to offer them such a deal? That's like trying to make us believe that Michael Cohen, of his own volition and apparently extremely generous heart, paid Stormy Daniels $130,000 in hush money without consulting his client, Spanky. It's only unclear if you make a habit of staying confused in the face of common sense and circumstantial evidence.
Mr. Dowd, who was hired last year to defend the president during the Mueller inquiry, took the lead in dealing directly with Mr. Flynn’s and Mr. Manafort’s lawyers, according to two people familiar with how the legal team operated.

He denied on Wednesday that he discussed pardons with lawyers for the president’s former advisers.

“There were no discussions. Period,” Mr. Dowd said. “As far as I know, no discussions.”
Of course not. As far as I can tell about Trump and anyone associated with him, that denial doesn't preclude the possibility that Dowd himself is leaking this allegation.
During interviews with Mr. Mueller’s investigators in recent months, current and former administration officials have recounted conversations they had with the president about potential pardons for former aides under investigation by the special counsel, according to two people briefed on the interviews.

In one meeting with lawyers from the White House Counsel’s Office last year, Mr. Trump asked about the extent of his pardon power, according to a person briefed on the conversation. The lawyers explained that the president’s powers were broad, the person said. And in other meetings with senior advisers, the president raised the prospect of pardoning Mr. Flynn, according to two people present.

[...]

“There are few powers in the Constitution as absolute as the pardon power — it is exclusively the president’s and cannot be burdened by the courts or the legislature,” he said. “It would be very difficult to look at the president’s motives in issuing a pardon to make an obstruction case.”
There's plenty of other evidence to make that case.
But pardon power is not unlimited, said Samuel W. Buell, a professor of law at Duke University.

“The framers did not create the power to pardon as a way for the president to protect himself and his associates” from being prosecuted for their own criminal behavior, he said.

Under Mr. Buell’s interpretation, Mr. Dowd’s efforts could be used against the president in an obstruction case if prosecutors want to demonstrate that it was part of larger conspiracy to impede the special counsel investigation.
...but hey, do what you want...you will anyway.

UPDATE:



And I would expect Manafort has good reason to expect a pardon.  On the other hand, he, too has the issue of a state prosecution.  So there's more to his stubbornness than expecting a pardon.  I'm guessing it has to do with fear of the Russian mob.

UPDATE:



Which is a good reason for Dowd to deny doing it.


More on this in a discussion on MSNBC.

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