Monday, December 4, 2017

Trump, Flynn, Manafort, Gates, Kushner, Papadopoulos, Cohen, et al: Liars Я Us

Well-Known Cast of Liars to Date

Former Team of Liars
(Flynn and K.T. McFarland)

Trump Personal Lawyer John Dowd
(Firestorm Tweet Writer)

A long but yet a very substantial post:

The original post follows this major update from various sources that are coming out fast and furious.

Hopefully it will fill in the blanks from several sources. Note, there may be duplicate sentences in substance since the story has a variety of slants – please consider that.
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Major Update – December 4, 2017 from Huff Post via Yahoo news,

Related: Here (from Mediaite) and here (from Law and Crime – and an excellent legal rundown). Synopsis: President Trump has known for months that former national security adviser Michael Flynn lied to the FBI, Trump’s lawyer, John Dowd, told The Washington Post.

Also, Refer to the Key Point Noted Below: Wherein Dowd confessing that he drafted the tweet for Trump’s release…

Dowd said on Sunday (December 3) that Trump likely knew about Flynn’s erroneous reporting of his conversations with the Russians as early as January, months before he fired then-FBI Director James Comey.

Interestingly enough, Trump raised questions about the timeline the very day before when he tweeted: “I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies.”

Note: Flynn had pleaded guilty to lying to the FBI on Friday – a day before the string of tweets and Dowd statements clarifying that he sent the tweet, not Trump.

The implication that Trump had known his former national security adviser had lied to the FBI set off alarm bells. The White House had previously said Flynn was fired over false statements he provided to Vice President Mike Pence.

Trump and Comey met a few weeks after the president found out about Flynn, according to the Post. It was during that meeting that Comey has said that the president asked him to drop the investigation into Flynn.

That led to speculation that Trump fired Comey to punish him for not giving up on his probe, which may also constitute obstruction of justice.  

Dowd has shot down any speculation that his client obstructed justice, saying Trump is president and therefore above the law.

Consider this startling statement from Dowd via Axios in his interview also published Monday: “The President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case, but [he] “did not admit obstruction. That is an ignorant and arrogant assertion.”

Dowd when forwarding the tweet to publishing said: “I’m out of the tweeting business. I did not mean to break news,” he quickly added.

Note: Which is also what Dowd had told NBC News; that he drafted the tweet and sent it to W/H Social Media Director Dan Scavino to publish.

When asked for the original email he sent to Scavino, Dowd said he dictated it orally adding: “I'm out of the tweeting business. I did not mean to break news.”

Also related from Axios: John Dowd also contended on Axios to Mike Allen that the “president cannot obstruct justice because he is the chief law enforcement officer... and has every right to express his view of any case.”

AG Jeff Sessions would disagree — or at least would have during the Clinton impeachment proceedings in 1999, as Politico points out.

Back then, it was Senator Sessions who voted to remove Clinton from office because of in his own words: “show a continuous pattern to lie and obstruct justice.” Sessions deemed those things a “high crime.”

Myth or Fact: “The president’s control over law enforcement is sometimes regarded as a near-sacred principle in our constitutional system.”

Daniel Jacob Hemel and Eric Posner, University of Chicago Law School professors, and the question over whether a president is constitutionally capable of obstructing justice has no clear answer they say, but: “The claim that the president can commit such a crime faces a powerful objection rooted in the Constitution.”

Further they wrote in July: “Obstruction of justice laws are normally applied to private citizens — people who bribe jurors, hide evidence from the police, or lie to investigators. The president’s control over law enforcement is sometimes regarded as a near-sacred principle in our constitutional system.”

Yet this conflicts with the constitutional principle that no person can be above the law. That’s why, according to Hemel and Posner, Congress holds the ultimate key to impeachment.

Historical Point: The impeachment charges for both Presidents Richard Nixon and Bill Clinton involved obstruction of justice. However, Nixon resigned before he could be impeached, and the Senate vote on Clinton’s impeachment resulted in a 50-50 tie.
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President Donald Trump has known for months that former national security adviser Michael Flynn lied to the FBI, the president’s lawyer reportedly told The Washington Post.
President Donald Trump has known for months that former national security adviser Michael Flynn lied to the FBI, the president’s lawyer reportedly told The Washington Post
John Dowd said Sunday that Trump likely knew about Flynn’s erroneous reporting of his conversations with the Russians as early as January, months before he fired then-FBI Director James Comey.
Trump raised questions about the timeline on Saturday, when he tweeted, “I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies.” Flynn had pleaded guilty to lying to the FBI the day before. 
The implication that Trump had known his former national security adviser had lied to the FBI set off alarm bells. The White House had previously said Flynn was fired over false statements he provided to Vice President Mike Pence.
Trump and Comey met a few weeks after the president found out about Flynn, according to the Post. It was during that meeting that Comey has said that the president asked him to drop the investigation into Flynn.
That led to speculation that Trump fired Comey to punish him for not giving up on his probe, which may also constitute obstruction of justice. 
Dowd has shot down any speculation that his client obstructed justice, saying Trump is president and therefore above the law.
The “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd told Axios in an interview published Monday.
Dowd said he actually drafted the tweet about Flynn being fired, but “did not admit obstruction. That is an ignorant and arrogant assertion.” 
“I’m out of the tweeting business,” Dowd told ABC News. “I did not mean to break news.”
The president’s control over law enforcement is sometimes regarded as a near-sacred principle in our constitutional system. Daniel Jacob Hemel and Eric Posner, University of Chicago Law School professors
The question over whether a president is constitutionally capable of obstructing justice has no clear answer, according to legal scholars.
“The claim that the president can commit such a crime faces a powerful objection rooted in the Constitution,” two University of Chicago Law School professors, Daniel Jacob Hemel and Eric Posner, explained in a California Law Review article from July.
“Obstruction of justice laws are normally applied to private citizens — people who bribe jurors, hide evidence from the police, or lie to investigators,” they wrote. “The president’s control over law enforcement is sometimes regarded as a near-sacred principle in our constitutional system.”
Yet this conflicts with the constitutional principle that no person can be above the law. That’s why, according to Hemel and Posner, Congress holds the ultimate key to impeachment.
The impeachment charges for both Presidents Richard Nixon and Bill Clinton involved obstruction of justice. However, Nixon resigned before he could be impeached, and the Senate vote on Clinton’s impeachment resulted in a 50-50 tie.
ORIGINAL POST STARTS FROM HERE

WASHINGTON (reported on by The Washington Post and confirmed by NBC News).

Key Point: Trump's personal lawyer, John Dowd, has taken responsibility for a tweet that Trump sent the previous day, in which the president said for the first time that he knew his former security adviser, Michael Flynn, had lied to the FBI before he fired Flynn in February.

The supposed tweet from Trump himself caused an uproar in Washington because it implied Trump knew Flynn had committed a felony — lying to the FBI — when he told then-FBI director James Comey to go easy on Flynn the day after the firing.

Impact of Dowd-drafted/Trump tweet: Interfering in the FBI's investigation 
could be construed as obstructing justice, potentially creating legal jeopardy for Trump.  

Then within a few hours, Trump's personal lawyer, John Dowd, stepped in to say that he wrote the tweet, not the president.

Refer the Dowd’s statement above.

Trump in true fashion, issued 10 tweets in 24 hours related to the Russia investigation, and to the FBI, and to how federal investigators should really be looking into Hillary Clinton.

Trump again in one tweet denied that he asked Comey to back off the investigation, though Comey earlier testified to that effect under oath before Congress, adding: I never asked Comey to stop investigating Flynn. Just more Fake News covering another Comey lie!”

(I insert: Let me be clear the “Fake News” label is getting old and sick – but boy does it stick with the Trump loyalists and he milks all the miles he can get. Indeed what Trumpettes do not like nor accept as fact or the truth gets that label … shame on them and shame on us for not blasting them for such a cheap stunt).

Dowd went on say that Trump's other tweet saying Flynn was fired in part for lying to the FBI was a reference to a statement made by acting Attorney General Sally Yates when she came to the White House on January 26, and when she told White House Counsel Don McGahn that Flynn had “given the agents the same story he gave the Vice President, and “For some reason, the DOJ didn't want to make an accusation of lying. The agents thought Flynn was confused,” concluded Dowd, then he added: “McGahn then passed that information on to the president. And all the president knew was that the DOJ was not accusing him of lying.”

Last Notes: It sounds like Dowd is building a defense strategy for Trump for down the road trial or impeachment or Mueller interview.

The GOP and rightwing surrogates in the media are having kittens over this story from ABC (Brian Ross was suspended and not paid for a month for his choice of words as to when Trump knew (as candidate Trump or president-elect Trump or in fact as we now heard from Dowd, as President Trump).

Dowd and that ilk have caused this murky set of stories all the while blaming ABC news and Ross.

They are to be held to account and apologize to ABC, Ross, and the public for the what I believe was their intent all along … make it look like “Fake News” for Trump follow up tweets – which he obliged – and taint ABC and Ross and everyone else – when in the fact the facts were distorted and twisted by Dowd and then of course, Trump – so, were they actually working it that way? I think so. 

How’s that for a plot?

On top of all this we are about to be consumed in one huge legal Mumbo Jumbo back and forth long before any solution is reached that the majority public will accept. 

That is my hunch, so stay tuned. It’s far from anywhere near being over.

Thanks for stopping by.



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