Wednesday, December 2, 2020

Pardon My Destruction

Pardon me, everyone says to Donald Trump.

 

President Trump has discussed with advisers whether to grant pre-emptive pardons to his children, to his son-in-law and to his personal lawyer Rudolph W. Giuliani, and talked with Mr. Giuliani about pardoning him as recently as last week, according to two people briefed on the matter.

Mr. Trump has told others that he is concerned that a Biden Justice Department might seek retribution against the president by targeting the oldest three of his five children — Donald Trump Jr., Eric Trump and Ivanka Trump — as well as Ms. Trump’s husband, Jared Kushner, a White House senior adviser.

Donald Trump Jr. had been under investigation by Robert S. Mueller III, the special counsel, for contacts that the younger Mr. Trump had had with Russians offering damaging information on Hillary Clinton during the 2016 campaign, but he was never charged. Mr. Kushner provided false information to federal authorities about his contacts with foreigners for his security clearance, but was given one anyway by the president.

The nature of Mr. Trump’s concern about any potential criminal exposure of Eric Trump or Ivanka Trump is unclear, although an investigation by the Manhattan district attorney into the Trump Organization has expanded to include tax write-offs on millions of dollars in consulting fees by the company, some of which appear to have gone to Ms. Trump.

Presidential pardons, however, do not provide protection against state or local crimes.

Mr. Giuliani’s potential criminal exposure is also unclear, although he was under investigation as recently as this summer by federal prosecutors in Manhattan for his business dealings in Ukraine and his role in ousting the American ambassador there. The plot was at the heart of the impeachment of Mr. Trump.

The speculation about pardon activity at the White House is churning furiously, underscoring how much the Trump administration has been dominated by investigations and criminal prosecutions of people in the president’s orbit. Mr. Trump himself was singled out by federal prosecutors as “Individual 1” in a court filing in the case that sent Michael D. Cohen, his former lawyer and fixer, to prison. 
 

The Justice Department is investigating a potential crime related to funneling money to the White House or related political committee in exchange for a presidential pardon, according to court records unsealed Tuesday in federal court. 
The case is the latest legal twist in the waning days of President Donald Trump's administration after several of his top advisers have been convicted of federal criminal charges and as the possibility rises of Trump giving pardons to those who've been loyal to him. 
The disclosure is in 20 pages of partially redacted documents made public by the DC District Court on Tuesday afternoon. The records show Chief Judge Beryl Howell's review in August of a request from prosecutors to access documents obtained in a search as part of a bribery-for-pardon investigation. 
The filings don't reveal a timeline of the alleged scheme, or any names of people potentially involved, except that communications between people including at least one lawyer were seized from an office that was raided sometime before the end of this summer.
No one appears to have been publicly charged with a related crime to date. 
The White House declined to comment on the court filing. CNN has previously reported that associates of the President are making appeals to him in the hopes of obtaining pardons before he leaves office. There is no indication that any of those associates are being investigated by DOJ in relation to Tuesday's filing.
 
So somebody is being investigated for paying Trump for a pardon. And that's the kind of thing that Trump can't pardon himself for.  And also remember that the August timeline means Bill Barr sat on this for the full 90 days Judge Howell gave him to protect Trump during the election.
 
Of course, Trump is pissed that this is all coming out, and he's threatening to fire Barr again.

President Trump and his allies are piling extreme pressure on Attorney General Bill Barr to release a report that Trump believes could hurt perceived Obama-era enemies — and view Barr's designation of John Durham as special counsel as a stall tactic, sources familiar with the conversations tell Axios.

Why it matters: Speculation over Barr's fate grew on Tuesday, with just 49 days remaining in Trump's presidency, after Barr gave an interview to the Associated Press in which he said the Justice Department has not uncovered evidence of widespread fraud that could change the election's outcome. 
In the interview, Barr also revealed he'd appointed Durham, a veteran prosecutor, as special counsel on Oct. 19 to continue investigating the origins of the FBI's 2016 probe into possible coordination between the Trump campaign and Russia no matter who won the presidential election.

Behind the scenes: Within Trump's orbit, sources told Axios, Tuesday's revelation was seen as a smokescreen to forestall the release of the so-called Durham report, which senior administration officials believe is already complete — and which Barr had ruled out issuing before the election. 
Another senior administration official disputed that assessment, saying: “The reason the Attorney General appointed John Durham as Special Counsel is because he’s not finished with his investigation," and that Barr "wanted to ensure that John Durham would be able to continue his work independently and unimpeded.” 
Trump has been ranting about the delay behind the scenes and mused privately about replacing Barr with somebody who will expedite the process. But it’s unclear whether he will follow through with that, per sources familiar with the conversations.
 
They are all corrupt as hell, and as many of them need to go to prison as possible.

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