Trump's 2-year obstruction operation

[Late last year] Mr. Trump called Matthew G. Whitaker, his newly installed attorney general, [and] asked whether Geoffrey S. Berman, the United States attorney for the Southern District of New York and a Trump ally, could be put in charge of the widening investigation [into his hush money payments], according to several American officials with direct knowledge of the call.

Mr. Whitaker, who had privately told associates that part of his role at the Justice Department was to “jump on a grenade” for the president, knew he could not put Mr. Berman in charge because Mr. Berman had already recused himself from the investigation. The president soon soured on Mr. Whitaker, as he often does with his aides, and complained about his inability to pull levers at the Justice Department that could make the president’s many legal problems go away.

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Mr. Whitaker, who this month told a congressional committee that Mr. Trump had never pressured him over the various investigations, is now under scrutiny by House Democrats for possible perjury.

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An examination by The New York Times reveals the extent of an even more sustained, more secretive assault by Mr. Trump on the machinery of federal law enforcement. Interviews with dozens of current and former government officials and others close to Mr. Trump, as well as a review of confidential White House documents, reveal numerous unreported episodes in a two-year drama.

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White House lawyers wrote a confidential memo expressing concern about the president’s staff peddling misleading information in public about the firing of Michael T. Flynn, the Trump administration’s first national security adviser. Mr. Trump had private conversations with Republican lawmakers about a campaign to attack the Mueller investigation.

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On Tuesday, after The Times article published, Mr. Trump denied that he had asked Mr. Whitaker if Mr. Berman could be put in charge of the investigation.

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The story of Mr. Trump’s attempts to defang the investigations has been voluminously covered in the news media, to such a degree that many Americans have lost track of how unusual his behavior is. But fusing the strands reveals an extraordinary story of a president who has attacked the law enforcement apparatus of his own government like no other president in history, and who has turned the effort into an obsession.

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The new Democratic majority in the House, and the prospect of a wave of investigations on Capitol Hill this year, will test whether the strategy shores up Mr. Trump’s political support or puts his presidency in greater peril. The president has spent much of his time venting publicly about there being “no collusion” with Russia before the 2016 election, which has diverted attention from a growing body of evidence that he has tried to impede the various investigations.

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But this is far from a routine criminal investigation, [Julie O’Sullivan, a criminal law professor at Georgetown University] said, and Mr. Mueller will have to make judgments about the effect on the country of making a criminal case against the president.

  NYT

I disagree. Mueller is going to simply do his job, wherever the chips may fall. If there's a criminal case to be made, he'll make it. Whether to prosecute, on the other hand, is up to the DOJ. Whether we ever know is the question.

In addition to the Mueller investigation, there are at least two other federal inquiries that touch the president and his advisers — the Manhattan investigation focused on the hush money payments made by Mr. Trump’s lawyer, Michael D. Cohen, and an inquiry examining the flow of foreign money to the Trump inaugural committee.

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Mr. Trump’s lawyers add this novel response: The president has been public about his disdain for the Mueller investigation and other federal inquiries, so he is hardly engaged in a conspiracy.

Mr. Trump's lawyers are famous for novel responses.

It was Feb. 14, 2017, and Mr. Trump and his advisers were in the Oval Office debating how to explain the resignation of Mr. Flynn, the national security adviser, the previous night.

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As the group in the Oval Office talked, one of Mr. Trump’s advisers mentioned in passing what Paul D. Ryan of Wisconsin, then the speaker of the House, had told reporters — that Mr. Trump had asked Mr. Flynn to resign.

It was unclear where Mr. Ryan had gotten that information, but Mr. Trump seized on Mr. Ryan’s words. “That sounds better,” the president said, according to people with knowledge of the discussions. Mr. Trump turned to the White House press secretary at the time, Sean Spicer, who was preparing to brief the news media.

“Say that,” Mr. Trump ordered.

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The president appeared to have little concern about what he told the public about Mr. Flynn’s departure, and he quickly warmed to the new narrative. The episode was among the first of multiple ham-handed efforts by the president to carry out a dual strategy: publicly casting the Russia story as an overblown hoax and privately trying to contain the investigation’s reach.

“This Russia thing is all over now because I fired Flynn,” Mr. Trump said over lunch that day, according to a new book by Chris Christie.

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Mr. Christie was taken aback. “This Russia thing is far from over,” Mr. Christie wrote that he told Mr. Trump, who responded: “What do you mean? Flynn met with the Russians. That was the problem. I fired Flynn. It’s over.”

Jared Kushner, the president’s son-in-law and senior adviser, who was also at the lunch, chimed in, according to Mr. Christie’s book: “That’s right, firing Flynn ends the whole Russia thing.”

A couple of brilliant strategists.

As Mr. Trump was lunching with Mr. Christie, lawyers in the White House Counsel’s Office met with Mr. Spicer about what he should say from the White House podium about what was a sensitive national security investigation. But when Mr. Spicer’s briefing began, the lawyers started hearing numerous misstatements — some bigger than others — and ended up compiling them all in a memo.

The lawyers’ main concern was that Mr. Spicer overstated how exhaustively the White House had investigated Mr. Flynn and that he said, wrongly, that administration lawyers had concluded there were no legal issues surrounding Mr. Flynn’s conduct.

Mr. Spicer later told people he stuck to talking points that he was given by the counsel’s office, and that White House lawyers expressed concern only about how he had described the thoroughness of the internal inquiry into Mr. Flynn. The memo written by the lawyers said that Mr. Spicer was presented with a longer list of his misstatements. The White House never publicly corrected the record.

Later that day, Mr. Trump confronted the F.B.I. director, James B. Comey, in the Oval Office. The president told him that Mr. Spicer had done a great job explaining how the White House had handled the firing. Then he asked Mr. Comey to end the F.B.I.’s investigation into Mr. Flynn.

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By March, Mr. Trump was [...] growing increasingly frustrated with Mr. Comey, who refused to say publicly that the president was not under investigation.

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Instead of ending the Russia investigation by firing Mr. Comey, Mr. Trump had drastically raised the stakes.

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On Twitter and in news media interviews, Mr. Trump tried to pressure investigators and undermine the credibility of potential witnesses in the Mueller investigation.

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The president humiliated [his AG Jeff] Sessions at every turn, and stunned Washington when he said during an interview with The Times that he never would have named Mr. Sessions attorney general if he had known Mr. Sessions would step aside from the investigation.

Privately, Mr. Trump tried to remove Mr. Sessions — he said he wanted an attorney general who would protect him — but did not fire him, in part because White House aides dodged the president’s orders to demand his resignation. The president even called his former campaign manager, Corey Lewandowski, over the Fourth of July weekend to ask him to pressure Mr. Sessions to resign. Mr. Lewandowski was noncommittal and never acted on the request.

One of Mr. Trump’s lawyers also reached out that summer to the lawyers for two of his former aides — Paul Manafort and Mr. Flynn — to discuss possible pardons.

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The president even tried to fire Mr. Mueller himself, a move that could have brought an end to the investigation. Just weeks after Mr. Mueller’s appointment, the president insisted that he ought to be fired because of perceived conflicts of interest. Mr. Trump’s White House counsel, Donald F. McGahn II, who would have been responsible for carrying out the order, refused and threatened to quit.

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Sitting in the Delta Sky Lounge during a layover at Atlanta’s airport in July 2017, Representative Matt Gaetz, a first-term Republican from the Florida Panhandle, decided it was time to attack. Mr. Gaetz, then 35, believed that the president’s allies in Congress needed a coordinated strategy to fight back against an investigation they viewed as deeply unfair and politically biased.

He called Representative Jim Jordan, a conservative Republican from Ohio, and told him the party needed “to go play offense,” Mr. Gaetz recalled in an interview.

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So they began to investigate the investigators. Mr. Trump and his lawyers enthusiastically encouraged the strategy, which, according to some polls, convinced many Americans that the country’s law enforcement apparatus was determined to bring down the president.

Within days of their conversation, Mr. Gaetz and Mr. Jordan drafted a letter to Mr. Sessions and Mr. Rosenstein, the first call for the appointment of a second special counsel to essentially reinvestigate Hillary Clinton for her handling of her emails while secretary of state — the case had ended in the summer of 2016 — as well as the origins of the F.B.I.’s investigation of Mr. Flynn and other Trump associates.

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At a time when Mr. Trump’s lawyers were urging him to cooperate with Mr. Mueller and to tone down his Twitter feed, the president’s fiercest allies in Congress and the conservative news media were busy trying to flip the script on the federal law enforcement agencies and officials who began the inquiry into Mr. Trump’s campaign.

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House Republicans opened investigations into the F.B.I.’s handling of the Clinton email case and a debunked Obama-era uranium deal indirectly linked to Mrs. Clinton.

Here the Times does not mention that it was their own paper that wrote and published that "debunked" story.

The lawmakers got a big assist from the Justice Department, which gave them private texts recovered from two senior F.B.I. officials who had been on the Russia case. The officials — Peter Strzok and Lisa Page — repeatedly criticized Mr. Trump in their texts.

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The president cheered on the lawmakers on Twitter, in interviews and in private, urging Mr. Gaetz on Air Force One in December 2017 and in subsequent phone calls to keep up the House Republicans’ oversight work.

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Later, when [House investigation chair Devin] Nunes produced a memo alleging that the F.B.I. had abused its authority in spying on a former Trump campaign associate, Carter Page, Mr. Trump called Mr. Nunes a “Great American Hero” in a tweet. (The F.B.I. said it had “grave concerns” about the memo’s accuracy.)

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The president became an active participant in the effort to attack American law enforcement. He repeatedly leaned on administration officials on behalf of the lawmakers — urging Mr. Rosenstein and other law enforcement leaders to flout procedure and share sensitive materials about the open case with Congress. As president, Mr. Trump has ultimate authority over information that passes through the government, but his interventions were unusual.

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The president [accused] the F.B.I., without evidence, of planting a spy in his campaign. “SPYGATE could be one of the biggest political scandals in history!” Mr. Trump wrote, turning the term into a popular hashtag.

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Last April, Mr. Trump hired Rudolph W. Giuliani, his longtime friend and a famously combative former mayor of New York, as his personal lawyer and ubiquitous television attack dog. A new war had begun.

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Mr. Mueller was unlikely to indict Mr. Trump, the president’s advisers believed, so the real danger to his presidency was impeachment — a political act that Congress would probably carry out only with broad public support. If Mr. Mueller’s investigation could be discredited, then impeachment might be less likely.

Months of caustic presidential tweets and fiery television interviews by Mr. Giuliani unfolded.

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Behind the scenes, Mr. Giuliani was getting help from a curious source: Kevin Downing, a lawyer for [Trump's convicted campaign chief Paul] Manafort. Mr. Manafort, who had been Mr. Trump’s 2016 campaign chairman, had agreed to cooperate with the special counsel after being convicted of financial crimes in an attempt to lessen a potentially lengthy prison sentence. Mr. Downing shared details about prosecutors’ lines of questioning, Mr. Giuliani admitted late last year.

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The arrangement angered Mr. Mueller’s investigators, who questioned what Mr. Manafort was trying to gain from the arrangement.

They knew what.

The attacks on the Mueller investigation appeared to have an effect. Last summer, [the Post's] polling showed a 14-point uptick in the percentage of Americans polled who disapproved of how Mr. Mueller was handling the inquiry.

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“So I think we’ve done really well,” Mr. Giuliani [said in an August interview]. “And my client’s happy.”

But Mr. Giuliani and his client had a serious problem, which they were slow to comprehend.

In April, the F.B.I. raided the Manhattan office and residences of Mr. Cohen — the president’s lawyer and fixer — walking off with business records, emails and other documents dating back years. At first, Mr. Trump was not concerned.

The president told advisers that Mr. Rosenstein assured him at the time that the Cohen investigation had nothing to do with him. In the president’s recounting, Mr. Rosenstein told him that the inquiry in New York was about Mr. Cohen’s business dealings, that it did not involve the president and that it was not about Russia. Since then, Mr. Trump has asked his advisers if Mr. Rosenstein was deliberately misleading him to keep him calm.

As one does.

Mr. Giuliani initially portrayed Mr. Cohen as “honest,” and the president praised him publicly. But Mr. Cohen soon told prosecutors in New York how Mr. Trump had ordered him during the 2016 campaign to buy the silence of women who claimed they had sex with Mr. Trump. In a separate bid for leniency, Mr. Cohen told Mr. Mueller’s prosecutors about Mr. Trump’s participation in negotiations during the height of the presidential campaign to build a Trump Tower in Moscow.

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Mr. Cohen, once the president’s fiercest defender, was becoming his chief tormentor.

In a court appearance in August, Mr. Cohen pleaded guilty and told a judge that Mr. Trump had ordered him to arrange the payments to the women. [...] Mr. Cohen’s descriptions of Mr. Trump’s actions made the president, in effect, an unindicted co-conspirator and raised the prospect of the president being charged after he leaves office.

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The president struck back, launching a volley of tweets that savaged Mr. Cohen and his family — insinuating that Mr. Cohen’s father-in-law had engaged in unexamined criminal activity. He called Mr. Cohen a “rat.”

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As the prosecutors closed in, Mr. Trump felt a more urgent need to gain control of the investigation.

He made the call to Mr. Whitaker to see if he could put Mr. Berman in charge of the New York investigation. The inquiry is run by Robert Khuzami, a career prosecutor who took over after Mr. Berman, whom Mr. Trump appointed, recused himself because of a routine conflict of interest.

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Mr. Trump moved on to a new attorney general, William P. Barr, whom Mr. Trump nominated for the job in part because of a memo Mr. Barr wrote last summer making a case that a sitting American president cannot be charged with obstruction of justice for acts well within his power — like firing an F.B.I. director.

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The memo might have ingratiated Mr. Barr to his future boss, but Mr. Barr is also respected among the rank and file in the Justice Department. Many officials there hope he will try to change the Trump administration’s combative tone toward the department, as well as toward the F.B.I.

Pipe dreams.

Trump's response to this story?



...but hey, do what you want...you will anyway.