HEATHER COX RICHARDSON AUGUST 2022

 

excerpts from HEATHER COX RICHARDSON:

Today, legal news about the former president and members of his team revealed a group of people who appear to have ignored the law.

The stories began with the release of the Department of Justice (DOJ) memo written for Trump’s attorney general Bill Barr arguing that Trump should not be charged with obstruction of justice over his attempts to shut down the Russia investigation despite his firing of Federal Bureau of Investigation (FBI) director James Comey, urging of witnesses not to “flip,” hints of pardons to those who stayed quiet, and so on. The memo seems clearly to have been a whitewash to justify Barr’s predetermined decision not to prosecute, illustrating the dangerous politicization of the DOJ.

The memo argued that because special counsel Robert Mueller did not find enough evidence to charge Trump with conspiring with Russia, there was no crime committed, and thus Trump could not be charged with obstruction. In fact, Mueller noted in the report that the investigation was hampered by the president’s allies who refused to cooperate. Andrew Weissman, a 20-year veteran of the Department of Justice who worked on the Mueller investigation, concluded: “Key ‘reasoning’ of…memo: if you successfully obstruct an investigation, you cannot be charged with obstruction as you were not charged with the crime under investigation. Future defendants will have a field day with this memo unless DOJ repudiates it soon.”

Harry Litman, former U.S. attorney and now legal affairs columnist for the Los Angeles Times, noted that the principal author of the memo, Steven Engel, “is too good a lawyer not to have known what was going on. In a way, the most important words in the memo are the first 3: ‘at your request.’ This was a political mission.”

And then there is the attempt of Republican operatives to smear their opponents. Today, the U.S. attorney’s office for the Southern District of New York announced that two people have pleaded guilty to stealing the diary and other personal property of then-candidate Joe Biden’s daughter and selling it for $40,000 to James O’Keefe’s Project Veritas. In the process, they transported the material across state lines and then, at the request of the person to whom they sold it, went back to get more. They pleaded guilty to conspiracy to commit interstate transportation of stolen property, and will cooperate with authorities.

The attempt to overturn the 2020 presidential election results is also in legal news.

Senator Lindsey Graham (R-SC) is arguing in court that the judge should not let a grand jury question the senator “on all the topics” covered by its recent subpoena of his testimony in the investigation of the Trump campaign’s attempt to overturn the 2020 presidential election results in Georgia. Graham argues that the Speech or Debate Clause of the U.S. Constitution, which says that congress members “shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place,” means he cannot be questioned about his two phone calls to Georgia secretary of state Brad Raffensperger about throwing out mail-in ballots in that state.

For Graham’s argument to prevail, he will have to convince the court that his calls to Raffensperger were part of his legitimate congressional work, rather than part of the efforts of Trump’s campaign to overturn the election, actions outside the scope of Graham’s congressional duties.

Lawyer Kenneth Chesebro, who helped to invent the false electors plan to overturn the results of the 2020 election, is refusing to talk to the grand jury, arguing that he has an attorney-client relationship with the Trump campaign and saying the campaign had “instructed” him to maintain confidentiality. But Chesebro never received any payment, and it is unclear whether he was officially working for the campaign.

Meanwhile, Fulton County, Georgia, district attorney Fani Willis filed petitions today to require Trump chief of staff Mark Meadows, Trump lawyer Sidney Powell, Meadows ally James “Phil” Waldron, and Trump campaign advisor Boris Epshteyn to testify before the special grand jury next month.