Saturday, December 1, 2018

It's Mueller Time, Con't

Given all the Mueller news this week, I almost glossed over a major story involving our old friend, GOP fundraiser and Trump campaign finance fixer Elliott Broidy.  Remember back in August when the DoJ announced an investigation into whether or not Broidy took tens of millions in illegal foreign campaign contributions for Trump to end a US investigation into billions in Malaysian state embezzlement?  Turns out the investigation phase is over, and the indictment phase has now begun.

Federal prosecutors cited the involvement of a onetime top fund-raiser to President Trump on Friday in a scheme to launder millions of dollars into the country to help a flamboyant Malaysian financier end a Justice Department investigation.

Elliott Broidy, a Los Angeles-based businessman who was a finance vice chairman of Mr. Trump’s 2016 campaign and inauguration committees, was paid to lobby the Trump administration to try to end an investigation related to the embezzlement of billions of dollars from a Malaysian state-owned fund, according to court filings made public on Friday.

The filings were released in connection with a guilty plea entered by George Higginbotham, a former Justice Department employee. Mr. Higginbotham admitted to conspiring to lie to banks about the source of tens of millions of dollars he funneled into the United States from the Malaysian financier Jho Low, who federal authorities say masterminded a scheme to loot the 1 Malaysia Development Berhad fund, also known as 1MDB.


Mr. Higginbotham, who left the Justice Department in August, was not involved in the department’s investigation of Mr. Low, and is cooperating with prosecutors.

In his guilty plea, Mr. Higginbotham admitted that he and the entertainer and businessman Pras Michel, a former member of the Fugees, a defunct hip-hop group, arranged for millions of dollars of Mr. Low’s money to be transferred to a law firm owned by Mr. Broidy’s wife to pay them to try to end the 1MDB investigation.

The charging papers and supporting documents do not identify Mr. Broidy or his wife, Robin Rosenzweig, by name, and neither has been charged with a crime. But the facts of the case align with previous reporting on Mr. Broidy’s efforts related to 1MDB, as well as emails from Mr. Broidy that were stolen from Ms. Rosenzweig’s account and disseminated to news outlets that match emails cited in Friday’s court filings. The filings identify Mr. Broidy as “Person 1” or “Individual 1,” and characterize him as “a nonlawyer business owner” who “owns several businesses, including an investment firm.”

In a brief interview on Friday, Mr. Broidy did not deny that the filings refer to him. But he referred specific questions to his lawyer, who did not respond to a request for comment.

Mr. Broidy, who pleaded guilty in 2009 in an unrelated pension fund bribery case, is one of several Trump associates whose business with foreign governments and figures has attracted scrutiny, including from investigators for the special counsel, Robert S. Mueller III.

A veteran Republican fund-raiser who also owns a defense contracting firm, Mr. Broidy had seemed positioned to become a highly influential figure in a political hierarchy that was upended by Mr. Trump’s victory. Mr. Broidy had started raising money for Mr. Trump’s 2016 campaign at a time when most elite Republican donors were staying away. After Mr. Trump’s election, Mr. Broidy marketed his connection to the new administration to politicians, businessmen and governments around the world, including some with unsavory records, and won big contracts for his defense firm.

I've said all along that the Mueller probe was going down three roads: Russian influence on Trump, international money laundering, and obstruction of justice.  The Broidy story is squarely in the second of these arenas, and you can absolutely bet that Mueller has the goods here on Broidy and Trump.

And that brings us to today's news on the third arena, where there actually is a GOP senator willing to go after Trump: Senate Intelligence chair Richard Burr of NC, who has all but promised that multiple Mueller indictments on charges of lying to Congress will be coming very soon.

Senate Intelligence Chairman Richard M. Burr said that Thursday’s guilty plea by Michael Cohen, President Donald Trump’s former attorney, should be seen as a clear warning.

“It’s a loud message to everybody that is interviewed by our committee, regardless of where that prosecution comes from: If you lie to us, we’re going to go after you,” Burr said Friday. “Our mandate is at the end of this to get as close to the clear truth as we possibly can, and we can’t do it on conjecture. We’ve got to do it on facts.


The North Carolina Republican was appearing alongside Vice Chairman Mark Warner, D-Va., and Majority Whip John Cornyn of Texas at a forum hosted by the University of Texas in Austin.

Burr made clear the Cohen situation was not an isolated case.

“I don’t want you to get us mixed up with Bob Mueller’s special prosecutor investigation. We have no criminal responsibilities. If we identify a crime in our investigation that has been committed, we refer it to the special prosecutor,” Burr said, referring to former FBI Director Robert S. Mueller III. “I won’t tell you the number of times, but we have made referrals to the special prosecutor.”

It was fairly clear that Burr was alluding to this week’s legal action in the Southern District of New York.

“One of them, one instance just highlighted of late was the special prosecutor made the indictment yesterday using the transcripts of interviews we have done in our committee to indict somebody forlying to Congress,” the North Carolina Republican said, a reference to Cohen.

Burr said that the committee was regularly going back over previous interviews as new information has come to light regarding the investigation of Russian interference.

“I think the myth out there was that we did interviews and never read them,” Burr said later at the same event. “We continue to go back and look at the testimony we’ve been given and we weigh it against any new information that might be out there.”

And speaking of Michael Cohen, CNN is reporting that he believed Trump would pardon him, and then things got...messy.

Michael Cohen, the former personal attorney for President Donald Trump who is now a key witness in special counsel Robert Mueller's Russia investigation, was under the impression Trump would offer him a pardon in exchange for staying on message in support of the President in discussions with federal prosecutors, according to two sources. 
After a March 2018 visit to Mar-a-Lago, the President's private club in Florida, Cohen returned to New York believing that his former boss would protect him if he faced any charges for sticking to his story about the 2016 payments to adult film actress Stormy Daniels, according to one source with knowledge. Trump was also at Mar-a-Lago at the time of Cohen's visit. 
Another source said that after the April 2018 FBI raid on Cohen's office and home, people close to the President assured Cohen that Trump would take care of him. And Cohen believed that meant that the President would offer him a pardon if he stayed on message. It is unclear who specifically reached out to Cohen. 
"The President of the United States never indicated anything to Michael, or anyone else, about getting a pardon," said Rudy Giuliani, the President's attorney. "Pardons are off the table, but it's not a limitation on his power in the future to pardon in any case." 
Cohen's lawyers could not be reached for comment. 
Following the raid on Cohen's home and office, Cohen's attorneys had a legal defense agreement with Trump and his attorneys. During this time, there was a steady flow of communication between the two sides, according to two sources familiar with the matter
At first, publicly, Trump seemed very supportive of his former attorney. On the day of the raid, Trump said Cohen was "a good man" and that the investigation reached "a whole new level of unfairness." He unloaded on law enforcement, calling the raids "a disgraceful situation." 
But in the days that followed the raid, one source says, things started heading south with the President. 
Trump started to distance himself from Cohen. And when Trump appeared on "Fox and Friends" two weeks after the raids and said that Cohen only did a "tiny, tiny little fraction" of his legal work, Cohen knew the game had changed. According to one source, Cohen knew that things had changed and he acted to protect his family -- and himself. 
It couldn't be learned whether Cohen shared this information with Mueller, though Cohen has spent more than 70 hours providing testimony over the last several months.

So many people are going to jail over this mess, and it's going to happen soon.  Stay tuned.

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