Friday, May 17, 2019

It's (Still) Mueller Time, Con't

Please remember that the obstruction of justice investigation and other investigations into the Trump regime are continuing, and cooperation of Mueller witnesses remain ongoing, while any congressional testimony from Mueller himself remains in permanent limbo because the White House is invoking executive privilege over anything he might have to say involving the Mueller report.

The White House’s decision to assert executive privilege over special counsel Robert Mueller’s report could prevent Mueller from answering lawmakers questions during a potential testimony before the House Judiciary Committee, The Wall Street Journal reported.

According to people familiar with the matter who spoke to the WSJ, discussions over that matter have stalled negotiations about Mueller’s possible testimony. The executive privilege assertion could prevent Mueller from speaking about anything that’s not included in the redacted version of the report. The Justice Department’s lawyers are reportedly studying the situation and are expected to offer both sides guidance soon.

But that doesn't mean Mueller's hands are tied.  In the last 24 hours we got two very interesting pieces of information released, first that former Trump National Security Adviser (and convicted felon) Michael Flynn is still cooperating and is offering new insight on possible obstruction of justice by somebody not Donald Trump according to newly revealed Mueller probe court information.

Former national security adviser Michael Flynn told investigators that people linked to the Trump administration and Congress reached out to him in an effort to interfere in the Russia probe, according to newly-unredacted court papers filed Thursday. 
The court filing from special counsel Robert Mueller is believed to mark the first public acknowledgement that a person connected to Capitol Hill was suspected of engaging in an attempt to impede the investigation into Russian election interference.

“The defendant informed the government of multiple instances, both before and after his guilty plea, where either he or his attorneys received communications from persons connected to the Administration or Congress that could’ve affected both his willingness to cooperate and the completeness of that cooperation,” the court papers say. 
Flynn even provided a voicemail recording of one such communication, the court papers say. 
Prosecutors did not identify any of the people who reached out to Flynn, but said the special counsel's office was in some instances "unaware of the outreach until being alerted to it by the defendant." 
No other details were provided in the filing, but the Mueller report noted that President Donald Trump's personal lawyer left a voicemail message for Flynn in late November 2017 that addressed the possibility of him cooperating with the government. 
"[I]t wouldn't surprise me if you've gone on to make a deal with ... the government," the attorney said in the voicemail message, according to Mueller. 
[I]f... there's information that implicates the President, then we've got a national security issue [so] ... we need some kind of heads up. Just for the sake of protecting all our interests if we can .... [R]emember what we've always said about the President and his feelings toward Flynn and, that still remains."

One: Mueller is still playing hardball.  Bill Barr better watch his step.

Two: Did you catch the "and Congress" part of obstruction of justice there?  There are two possibilities that I've seen people floating as to which member of Congress, and they're both GOP Intelligence Committee heads.  The first is House GOP Devin Nunes, who if you'll recall had to recuse himself from the Mueller mess because he kept leaking info to the White House.  The other is of course Senate Intelligence Committee chair Lindsey Graham, who has done a complete heel turn and has become Trump's loyal bully.

If Flynn has a recording of Graham or Nunes actually asking him to cover for Trump, and that's going to become public very soon, well, that would explain the entire week in Trump nastiness, wouldn't it?

That brings us to the second bit of info: a judge has indeed ordered that voicemail to made public, along with Flynn's 2016 conversation with Russian Ambassador Sergei Kislyak which got him into trouble in the first place.

A federal judge on Thursday ordered that prosecutors make public a transcript of a phone call that former national security adviser Michael Flynn tried hard to hide with a lie: his conversation with a Russian ambassador in late 2016.

U.S. District Judge Emmet G. Sullivan in Washington ordered the government also to provide a public transcript of a November 2017 voice mail involving Flynn. In that sensitive call, President Trump’s attorney left a message for Flynn’s attorney reminding him of the president’s fondness for Flynn at a time when Flynn was considering cooperating with federal investigators.

The transcripts, which the judge ordered be posted on a court website by May 31, would reveal conversations at the center of two major avenues of special counsel Robert S. Mueller III’s investigation into Russian interference in the 2016 election. So far they have been disclosed to the public only in fragments in court filings and the Mueller report.

Sullivan also ordered that still-redacted portions of the Mueller report that relate to Flynn be given to the court and made public.

Sullivan’s orders came very shortly after government prosecutors agreed to release some sealed records in Flynn’s case. The release was in response to a motion filed with the court earlier this year by The Washington Post, which argued that the public deserved to know more about Flynn’s role in key events and cooperation with investigators.

Flynn pleaded guilty in December 2017 to one felony count of making a false statement to FBI investigators about his contact with the ambassador and awaits sentencing.

So yeah, the Washington Post argued that if Flynn cooperated, there's no reason to redact his role in the Muller investigation.  A judge agreed, and we should have that information within the next two weeks.  Flynn's lawyers wanted this information out in the public too in order to argue that Flynn's sentence should be shortened because of the "value" of his cooperation, which they want the country to be able to judge openly.

That's going to be a bad day for Trump when it comes out.  But remember, there's at least one member of Congress who is facing obstruction of justice charges too.  And all the executive privilege in the world won't save them.

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