Over at the Daily Beast, Center for American Progress think tank authors Max Bergmann and Sam Berger go over where we are at the Mueller Moment approaches and conclude that collusion is the crime, not just the obstruction of justice to cover that crime up.
First, Mueller has clearly identified collusion in the efforts of Trump aides and associates to contact WikiLeaks. In a draft plea agreement provided to conservative operative Jerome Corsi, Mueller details how Roger Stone, who the special counsel notes was in frequent contact with Donald Trump and senior campaign officials, directed Corsi to connect with WikiLeaks about the trove of stolen materials it received from Russia. Corsi subsequently communicated WikiLeaks’ release plan back to Stone, and the Trump campaign built its final message around the email release. That is collusion.
Second, we now know that Trump’s personal lawyer Michael Cohen and former National Security Advisor Michael Flynn have provided evidence to Mueller related to collusion. In Cohen’s sentencing memo, Mueller said that Cohen provided his office with “useful information” on “Russia-related matters core to its investigation.” One of those central elements, according to the Justice Department: “any links and/or coordination” between the Kremlin and Trump campaign figures. Collusion, in other words.
In Flynn’s sentencing memo Mueller said that Flynn’s false statements to the FBI about his calls with the Russian ambassador during the transition were “material” to the investigation into “links or coordination between Russia and individuals associated with the Trump campaign.”
Third, Mueller has found evidence that Trump was compromised by a hostile foreign power during the election. In his plea deal, Cohen revealed that Trump had repeatedly lied to voters about the then-candidate’s financial ties to Russia. While Trump claimed during the campaign to have no business dealings with Russia, he was negotiating a wildly lucrative business deal not simply with Russian businessmen, but also involving with the Kremlin itself. Trump’s team even reportedly tried to bribe Russian President Vladimir Putin by offering him a $50 million penthouse.
Worse, Russia not only knew that Trump was lying, but when investigators first started looking into this deal, the Kremlin helped Trump cover up what really happened. That made Trump doubly compromised: first, because he was eager to get the financial payout and second because Russia had evidence he was lying to the American people—evidence they could have held over Trump by threatening to reveal at any time.
Since the president’s embarrassing performance at the Helsinki summit with Vladimir Putin—when he kowtowed to a foreign adversary rather than stand up for American interests—there has been open speculation about what leverage the Kremlin has over him. Now we know at least part of the picture, raising the specter of what other information Putin has, and how he is using it to influence Trump’s policy decisions.
Fourth, we know that Trump has engaged in an increasingly brazen attempt to cover up his actions: installing a political crony to head the Department of Justice by potentially illegal means in an effort to shut down the investigation; using his former campaign chairman and convicted criminal Paul Manafort to find out information about Mueller’s investigation; and even appearing to offer Manafort a pardon if he helps him obstruct the Russia probe. These may be components of an obstruction of justice case, but they also provide strongly circumstantial data points as to how serious Trump himself views the allegations of collusion being levelled against him.
Lastly, federal prosecutors have told us Trump broke the law to influence the 2016 election by hiding evidence of his affairs. Trump clearly had no qualms about breaking the law to win an election.
In the face of what Mueller has revealed, there is little question where this is going. Mueller may still be only showing us part of his hand, but it’s a damn good hand. He has signaled to us he’s found collusion. He has shown us that the president is compromised. He has told us that he has gathered information important to his investigation about contacts with people in the Trump Organization, the campaign, the transition, and even the White House. That’s everyone Trump has been connected with since he started running. And given all the redacted information in his filings and all that he’s been told by cooperating witnesses, we can be confident that Mueller will show us even more.
Garrett Graff over at Wired comes to a similar conclusion: that there is no possible exculpatory explanation for what Mueller has already revealed to us through court filings.
The potential innocent explanations for Donald Trump’s behavior over the last two years have been steadily stripped away, piece by piece. Special counsel Robert Mueller and investigative reporters have uncovered and assembled a picture of a presidential campaign and transition seemingly infected by unprecedented deceit and criminality, and in regular—almost obsequious—contact with America’s leading foreign adversary.
A year ago, Lawfare’s Benjamin Wittes and Quinta Jurecic outlined seven possible scenarios about Trump and Russia, arranged from most innocent to most guilty. Fifth on that list was “Russian Intelligence Actively Penetrated the Trump Campaign—And Trump Knew or Should Have Known,” escalating from there to #6 “Kompromat,” and topping out at the once unimaginable #7, “The President of the United States is a Russian Agent.”
After the latest disclosures, we’re steadily into Scenario #5, and can easily imagine #6.
The Cohen and Manafort court documents all provide new details, revelations, and hints of more to come. They’re a reminder, also, that Mueller’s investigation continues alongside an investigation by federal prosecutors in the Southern District of New York that clearly alleges that Donald Trump participated in a felony, directing Cohen to violate campaign finance laws to cover up extramarital affairs.
Through his previous indictments against Russian military intelligence and the Russian Internet Research Agency, Mueller has laid out a criminal conspiracy and espionage campaign approved, according to US intelligence, by Vladimir Putin himself. More recently, Mueller has begun to hint at the long arm of that intelligence operation, and how it connects to the core of the Trump campaign itself.
In fact, what’s remarkable about the once-unthinkable conclusions emerging from the special counsel’s investigation thus far is how, well, normal Russia’s intelligence operation appears to have been as it targeted Trump’s campaign and the 2016 presidential election. What intelligence professionals would call the assessment and recruitment phases seems to have unfolded with almost textbook precision, with few stumbling blocks and plenty of encouragement from the Trump side.
Mueller’s court filings, when coupled with other investigative reporting, paint a picture of how the Russian government, through various trusted-but-deniable intermediaries, conducted a series of “approaches” over the course of the spring of 2016 to determine, as Wittes says, whether “this is a guy you can do business with.”
The answer, from everyone in Trumpland—from Michael Cohen in January 2016, from George Papadopoulos in spring 2016, from Donald Trump, Jr. in June 2016, from Michael Flynn in December 2016—appears to have been an unequivocal “yes.”
Former federal prosecutor Ken White concurs at The Atlantic.
And that brings us to brief No. 3: Special Counsel Mueller’s separate sentencing brief in Cohen’s lying-to-Congress case. He does not recommend a sentence but informs the court about the nature of Cohen’s assistance to his office. Mueller discloses that Cohen has “taken significant steps to mitigate his criminal conduct” by pleading guilty to lying to Congress and meeting with the special counsel seven times to discuss his own conduct and other “core topics under investigation.” That includes information about multiple cases of contact between other Trump-campaign officials and the Russian government, and about Cohen’s contact with the White House in 2017 and 2018, suggesting an ongoing inquiry into obstruction of justice. Most significant, the special counsel indicates that Cohen “described the circumstances of preparing and circulating his response to the congressional inquiries, while continuing to accept responsibility for the false statements within it.” That statement suggests that the special counsel believes that someone in the Trump administration knew of, and approved in advance, Cohen’s lies to Congress. That’s explosive, and potentially impeachable if Trump himself is implicated.
The president said on Twitter that Friday’s news “totally clears the President. Thank you!” It does not. Manafort and Cohen are in trouble, and so is Trump. The special counsel’s confidence in his ability to prove Manafort a liar appears justified, which leaves Manafort facing what amounts to a life sentence without any cooperation credit. The Southern District’s brief suggests that Cohen’s dreams of probation are not likely to come true. All three briefs show the special counsel and the Southern District closing in on President Trump and his administration. They’re looking into campaign contact with Russia, campaign-finance fraud in connection with paying off an adult actress, and participation in lying to Congress. A Democratic House of Representatives, just days away, strains at the leash to help. The game’s afoot.
Ryan Goodman and Andy Wright at Just Security provide this analysis that the Russian contacts with Trump are pervasive and that Trump has most likely been involved with them for years.
The Special Counsel’s sentencing memorandum for Cohen very deliberately tells the public that Trump himself was caught up in the connections to and embrace with Russia, and some of those actions were in fact the candidate’s idea. The Special Counsel’s memo says that it was Trump’s idea to initiate contact with the Kremlin in the early stages of the campaign, and that he tasked his fixer, Cohen, to begin that process as early as September 2015. This information should now inform how we think about other subsequent events in the Trump-Russia timeline. At least some Russian overtures should be seen as a potential second step (a receptive response) in the two side’s engagement, not the first step (an initial overture or invitation).
This is likely just the tip of the iceberg. Mueller specifically refers to “examples” of Cohen’s and Trump’s actions, indicating these instances are representative of a broader set of cases. Mueller’s brief states that Cohen “corrected other false and misleading statements that he had made concerning his outreach to and contacts with Russian officials during the course of the campaign. For example, in a radio interview ….” And the brief states that: “the defendant provided information about his own contacts with Russian interests during the campaign and discussions with others in the course of making those contacts. For example, and as described above, the defendant provided a detailed account of his involvement and the involvement of others in the Moscow Project …”
As one of us has written previously, a key question is not just whether the Russians interfered in the GOP primary, but whether any collusion with the Trump campaign began back then. Mueller’s sentencing memorandum for Cohen adds significant evidence to suggest that’s what happened. Two of the examples Mueller chooses to include in the document occurred early in the primaries. By September 2015, Cohen publicly suggested a meeting between Putin and Trump after having “conferred with Individual 1 about contacting the Russian government before reaching out to gauge Russia’s interest in such a meeting.” In November 2015, a Russian national who identified themselves as a “trusted person” in the Russian Federation reached out to Cohen proposing such a meeting with Putin and offering the campaign support in the form of “political synergy.” The only reason Cohen declined is because already by thenhe considered Felix Sater, with whom he was arrange the Moscow Trump Tower project, provided sufficient “connections to the Russian government.”
What’s more, these interactions may also shed light on other aspects of the publicly known timeline. First, when senior campaign officials appeared to brush away some overtures by Russian agents (think: Kushner at the time of the NRA convention), it may have been because they considered other established connections with the Kremlin sufficient. Second, these earlier interactions with Trump and Cohen may also shed light on Rob Goldstone’s email to Donald Trump Jr. In the first email on June 3, 2016, Goldstone’s message appeared to pick up mid-conversation and assume Trump Jr. already knew about Kremlin efforts to help Trump get elected. “This is obviously very high level and sensitive information but is part of Russia and its government’s support for Mr. Trump,” Goldstone wrote.
And Paul Waldman at the Washington Post suggests that the endgame for Trump is now upon us.
One of the remarkable things about the discussion we've been having lately is that the president still seems to think that he can be saved from whatever this investigation uncovers. He just announced that William Barr will be his next attorney general, and the New York Times reported that in private, "Mr. Trump has also repeatedly asked whether the next pick would recuse himself from overseeing the special counsel investigation into whether his campaign conspired with Russia in its interference in the 2016 election." It's as though he thinks this investigation is in its early stages and can be quashed by a properly loyal underling.
But at this point it doesn't matter. It's far too late. Trump's former aides have cooperated, they've conducted their interviews with the special counsel, they're being sentenced, the documents have been reviewed, the connections have been traced, and the full picture is soon to be revealed.
This scandal can’t be hidden away. Republicans in Congress can’t save Trump, his attorney general can’t save him, and no amount of desperate tweets can save him. Accountability is on its way, and it’s arriving very soon.
I continue to say that the impeachment and removal of Donald Trump will be a political matter, not a legal one. The only way Trump is forced from office is that like with Nixon, the political situation becomes untenable for him. Robert Mueller can lay down as much of the case as he wants to, but the reality is unless there are 67 United States senators willing to remove Trump, nothing matters.
We are not at that point.
Yet.
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