No Obstruction? Mueller And More Than 1,000 Federal Prosecutors Beg To Differ.

The president continues to claim the Mueller Report exonerated him of collusion and obstruction. It most certainly did not. With Mueller set to testify before Congress this week, I thought it would be helpful to publish the executive summaries of his report. Following is Executive Summary, Volume II which covers the obstruction investigation. As you can see, the president clearly intended to obstruct justice. And, if not for DOJ policy, he likely would have been charged. Indeed, more than a thousand former federal attorneys and prosecutors have signed a document stating that the evidence shows numerous instances of criminal obstruction. Pay particular attention to the boldface sections (boldface added) and judge for yourself.

EXECUTIVE SUMMARY TO VOLUME II
Our obstruction-of-justice inquiry focused on a series of actions by the President that related to the Russian-interference investigations, including the President’s conduct towards the law enforcement officials overseeing the investigations and the witnesses to relevant events.

FACTUAL RESULTS OF THE OBSTRUCTION INVESTIGATION
The key issues and events we examined include the following:
The Campaign’s response to reports about Russian support for Trump. During the 2016 presidential campaign, questions arose about the Russian government’s apparent support for candidate Trump. After WikiLeaks released politically damaging Democratic Party emails that were reported to have been hacked by Russia, Trump publicly expressed skepticism that Russia was responsible for the hacks at the same time that he and other Campaign officials privately sought information [Redacted: Harm to Ongoing Matter] about any further planned WikiLeaks releases. Trump also denied having any business in or connections to Russia, even though as late as June 2016 the Trump Organization had been pursuing a licensing deal for a skyscraper to be built in Russia called Trump Tower Moscow. After the election, the President expressed concerns to advisors that reports of Russia’s election interference might lead the public to question the legitimacy of his election.

Conduct involving FBI Director Comey and Michael Flynn. In mid-January 2017, incoming National Security Advisor Michael Flynn falsely denied to the Vice President, other administration officials, and FBI agents that he had talked to Russian Ambassador Sergey Kislyak about Russia’s response to U.S. sanctions on Russia for its election interference. On January 27, the day after the President was told that Flynn had lied to the Vice President and had made similar statements to the FBI, the President invited FBI Director Comey to a private dinner at the White House and told Comey that he needed loyalty. On February 14, the day after the President requested Flynn’s resignation, the President told an outside advisor, “Now that we fired Flynn, the Russia thing is over.” The advisor disagreed and said the investigations would continue.

Later that afternoon, the President cleared the Oval Office to have a one-on-one meeting with Comey. Referring to the FBI’s investigation of Flynn, the President said, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.” Shortly after requesting Flynn’s resignation and speaking privately to Comey, the President sought to have Deputy National Security Advisor K.T. McFarland draft an internal letter stating that the President had not directed Flynn to discuss sanctions with Kislyak. McFarland declined because she did not know whether that was true, and a White House Counsel’s Office attorney thought that the request would look like a quid pro quo for an ambassadorship she had been offered.

The President’s reaction to the continuing Russia investigation. In February 2017, Attorney General Jeff Sessions began to assess whether he had to recuse himself from campaign-related investigations because of his role in the Trump Campaign. In early March, the President told White House Counsel Donald McGahn to stop Sessions from recusing. And after Sessions announced his recusal on March 2, the President expressed anger at the decision and told advisors that he should have an Attorney General who would protect him. That weekend, the President took Sessions aside at an event and urged him to “unrecuse.” Later in March, Comey publicly disclosed at a congressional hearing that the FBI was investigating “the Russian government’s efforts to interfere in the 2016 presidential election,” including any links or coordination between the Russian government and the Trump Campaign. In the following days, the President reached out to the Director of National Intelligence and the leaders of the Central Intelligence Agency (CIA) and the National Security Agency (NSA) to ask them what they could do to publicly dispel the suggestion that the President had any connection to the Russian election-interference effort. The President also twice called Comey directly, notwithstanding guidance from McGahn to avoid direct contacts with the Department of Justice. Comey had previously assured the President that the FBI was not investigating him personally, and the President asked Comey to “lift the cloud” of the Russia investigation by saying that publicly.

The President’s termination of Comey. On May 3, 2017, Comey testified in a congressional hearing, but declined to answer questions about whether the President was personally under investigation. Within days, the President decided to terminate Comey. The President insisted that the termination letter, which was written for public release, state that Comey had informed the President that he was not under investigation. The day of the firing, the White House maintained that Comey’s termination resulted from independent recommendations from the Attorney General and Deputy Attorney General that Comey should be discharged for mishandling the Hillary Clinton email investigation. But the President had decided to fire Comey before hearing from the Department of Justice. The day after firing Comey, the President told Russian officials that he had “faced great pressure because of Russia,” which had been “taken off’ by Comey’s firing. The next day, the President acknowledged in a television interview that he was going to fire Comey regardless of the Department of Justice’s recommendation and that when he “decided to just do it,” he was thinking that “this thing with Trump and Russia is a made-up story.” In response to a question about whether he was angry with Comey about the Russia investigation, the President said, “As far as I’m concerned, I want that thing to be absolutely done properly,” adding that firing Comey “might even lengthen out the investigation.”

The appointment of a Special Counsel and efforts to remove him. On May 17, 2017, the Acting Attorney General for the Russia investigation appointed a Special Counsel to conduct the investigation and related matters. The President reacted to news that a Special Counsel had been appointed by telling advisors that it was “the end of his presidency” and demanding that Sessions resign. Sessions submitted his resignation, but the President ultimately did not accept it. The President told aides that the Special Counsel had conflicts of interest and suggested that the Special Counsel therefore could not serve. The President’s advisors told him the asserted conflicts were meritless and had already been considered by the Department of Justice.

On June 14, 2017, the media reported that the Special Counsel’s Office was investigating whether the President had obstructed justice. Press reports called this “a major turning point” in the investigation: while Comey had told the President he was not under investigation, following Comey’s firing, the President now was under investigation. The President reacted to this news with a series of tweets criticizing the Department of Justice and the Special Counsel’s investigation. On June 17, 2017, the President called McGahn at home and directed him to call the Acting Attorney General and say that the Special Counsel had conflicts of interest and must be removed. McGahn did not carry out the direction, however, deciding that he would resign rather than trigger what he regarded as a potential Saturday Night Massacre.

Efforts to curtail the Special Counsel’s investigation. Two days after directing McGahn to have the Special Counsel removed, the President made another attempt to affect the course of the Russia investigation. On June 19, 2017, the President met one-on-one in the Oval Office with his former campaign manager Corey Lewandowski, a trusted advisor outside the government, and dictated a message for Lewandowski to deliver to Sessions. The message said that Sessions should publicly announce that, notwithstanding his recusal from the Russia investigation, the investigation was “very unfair” to the President, the President had done nothing wrong, and Sessions planned to meet with the Special Counsel and “let [him] move forward with investigating election meddling for future elections.” Lewandowski said he understood what the President wanted Sessions to do.

One month later, in another private meeting with Lewandowski on July 19, 2017, the President asked about the status of his message for Sessions to limit the Special Counsel investigation to future election interference. Lewandowski told the President that the message would be delivered soon. Hours after that meeting, the President publicly criticized Sessions in an interview with the New York Times, and then issued a series of tweets making it clear that Sessions’s job was in jeopardy. Lewandowski did not want to deliver the President’s message personally, so he asked senior White House official Rick Dearborn to deliver it to Sessions. Dearborn was uncomfortable with the task and did not follow through.

Efforts to prevent public disclosure of evidence. In the summer of 2017, the President learned that media outlets were asking questions about the June 9, 2016 meeting at Trump Tower between senior campaign officials, including Donald Trump Jr., and a Russian lawyer who was said to be offering damaging information about Hillary Clinton as “part of Russia and its government’s support for Mr. Trump.” On several occasions, the President directed aides not to publicly disclose the emails setting up the June 9 meeting, suggesting that the emails would not leak and that the number of lawyers with access to them should be limited. Before the emails became public, the President edited a press statement for Trump Jr. by deleting a line that acknowledged that the meeting was with “an individual who [Trump Jr.] was told might have information helpful to the campaign” and instead said only that the meeting was about adoptions of Russian children. When the press asked questions about the President’s involvement in Trump Jr.’s statement, the President’s personal lawyer repeatedly denied the President had played any role.

Further efforts to have the Attorney General take control of the investigation. In early summer 2017, the President called Sessions at home and again asked him to reverse his recusal from the Russia investigation. Sessions did not reverse his recusal. In October 20 17, the President met privately with Sessions in the Oval Office and asked him to “take [a] look” at investigating Clinton. In December 2017, shortly after Flynn pleaded guilty pursuant to a cooperation agreement, the President met with Sessions in the Oval Office and suggested, according to notes taken by a senior advisor, that if Sessions unrecused and took back supervision of the Russia investigation, he would be a “hero.” The President told Sessions, “I’m not going to do anything or direct you to do anything. I just want to be treated fairly.” In response, Sessions volunteered that he had never seen anything “improper” on the campaign and told the President there was a “whole new leadership team” in place. He did not unrecuse.

Efforts to have McGahn deny that the President had ordered him to have the Special Counsel removed. In early 2018, the press reported that the President had directed McGahn to have the Special Counsel removed in June 2017 and that McGahn had threatened to resign rather than carry out the order. The President reacted to the news stories by directing White House officials to tell McGahn to dispute the story and create a record stating he had not been ordered to have the Special Counsel removed. McGahn told those officials that the media reports were accurate in stating that the President had directed McGahn to have the Special Counsel removed. The President then met with McGahn in the Oval Office and again pressured him to deny the reports. Tn the same meeting, the President also asked McGahn why he had told the Special Counsel about the President’s effort to remove the Special Counsel and why McGahn took notes of his conversations with the President. McGahn refused to back away from what he remembered happening and perceived the President to be testing his mettle.

Conduct towards Flynn, Manafort, [Redacted: Harm to Ongoing Matter]. After Flynn withdrew from a joint defense agreement with the President and began cooperating with the government, the President’s personal counsel left a message for Flynn’s attorneys reminding them of the President’s warm feelings towards Flynn, which he said “still remains,” and asking for a “heads up” if Flynn knew “information that implicates the President.” When Flynn’s counsel reiterated that Flynn could no longer share information pursuant to a joint defense agreement, the President’s personal counsel said he would make sure that the President knew that Flynn’s actions reflected ” hostility” towards the President. During Manafort’s prosecution and when the jury in his criminal trial was deliberating, the President praised Manafort in public, said that Manafort was being treated unfairly, and declined to rule out a pardon. After Manafort was convicted, the President called Manafort “a brave man” for refusing to “break” and said that “flipping” “almost ought to be outlawed.” [Redacted: Harm to Ongoing Matter]

Conduct involving Michael Cohen. The President’s conduct towards Michael Cohen, a former Trump Organization executive, changed from praise for Cohen when he falsely minimized the President’s involvement in the Trump Tower Moscow project, to castigation of Cohen when he became a cooperating witness. From September 2015 to June 2016, Cohen had pursued the Trump Tower Moscow project on behalf of the Trump Organization and had briefed candidate Trump on the project numerous times, including discussing whether Trump should travel to Russia to advance the deal. In 2017, Cohen provided false testimony to Congress about the project, including stating that he had only briefed Trump on the project three times and never discussed travel to Russia with him, in an effort to adhere to a “party line” that Cohen said was developed to minimize the President’s connections to Russia. While preparing for his congressional testimony, Cohen had extensive discussions with the President’s personal counsel, who, according to Cohen, said that Cohen should “stay on message” and not contradict the President. After the FBI searched Cohen’s home and office in April 2018, the President publicly asserted that Cohen would not “flip,” contacted him directly to tell him to “stay strong,” and privately passed messages of support to him. Cohen also discussed pardons with the President’s personal counsel and believed that if he stayed on message he would be taken care of. But after Cohen began cooperating with the government in the summer of 2018, the President publicly criticized him, called him a “rat,” and suggested that his family members had committed crimes.

Overarching factual issues. We did not make a traditional prosecution decision about these facts, but the evidence we obtained supports several general statements about the President’s conduct.

Several features of the conduct we investigated distinguish it from typical obstruction-of-justice cases. First, the investigation concerned the President, and some of his actions, such as firing the FBI director, involved facially lawful acts within his Article II authority, which raises constitutional issues discussed below. At the same time, the President’s position as the head of the Executive Branch provided him with unique and powerful means of influencing official proceedings, subordinate officers, and potential witnesses—all of which is relevant to a potential obstruction-of-justice analysis. Second, unlike cases in which a subject engages in obstruction of justice to cover up a crime, the evidence we obtained did not establish that the President was involved in an underlying crime related to Russian election interference. Although the obstruction statutes do not require proof of such a crime, the absence of that evidence affects the analysis of the President’s intent and requires consideration of other possible motives for his conduct. Third, many of the President’s acts directed at witnesses, including discouragement of cooperation with the government and suggestions of possible future pardons, took place in public view. That circumstance is unusual, but no principle of law excludes public acts from the reach of the obstruction laws. If the likely effect of public acts is to influence witnesses or alter their testimony, the harm to the justice system’s integrity is the same.

Although the series of events we investigated involved discrete acts, the overall pattern of the President’s conduct towards the investigations can shed light on the nature of the President’s acts and the inferences that can be drawn about his intent. In particular, the actions we investigated can be divided into two phases, reflecting a possible shift in the President’s motives. The first phase covered the period from the President’s first interactions with Comey through the President’s firing of Comey. During that time, the President had been repeatedly told he was not personally under investigation. Soon after the firing of Comey and the appointment of the Special Counsel, however, the President became aware that his own conduct was being investigated in an obstruction-of-justice inquiry. At that point, the President engaged in a second phase of conduct, involving public attacks on the investigation, non-public efforts to control it, and efforts in both public and private to encourage witnesses not to cooperate with the investigation. Judgments about the nature of the President’s motives during each phase would be informed by the totality of the evidence.

STATUTORY AND CONSTITUTIONAL DEFENSES
The President’s counsel raised statutory and constitutional defenses to a possible obstruction-of-justice analysis of the conduct we investigated. We concluded that none of those legal defenses provided a basis for declining to investigate the facts.

Statutory defenses. Consistent with precedent and the Department of Justice’s general approach to interpreting obstruction statutes, we concluded that several statutes could apply here. See 18 U.S.C. §§ 1503, 1505, 1512(b)(3), 1512(c)(2). Section 1512(c)(2) is an omnibus obstruction-of-justice provision that covers a range of obstructive acts directed at pending or contemplated official proceedings. No principle of statutory construction justifies narrowing the provision to cover only conduct that impairs the integrity or availability of evidence. Sections 1503 and 1505 also offer broad protection against obstructive acts directed at pending grand jury, judicial, administrative, and congressional proceedings, and they are supplemented by a provision
in Section 1512(b) aimed specifically at conduct intended to prevent or hinder the communication to law enforcement of information related to a federal crime.

Constitutional defenses. As for constitutional defenses arising from the President’s status as the head of the Executive Branch, we recognized that the Department of Justice and the courts have not definitively resolved these issues. We therefore examined those issues through the framework established by Supreme Court precedent governing separation-of-powers issues. The Department of Justice and the President’s personal counsel have recognized that the President is subject to statutes that prohibit obstruction of justice by bribing a witness or suborning perjury because that conduct does not implicate his constitutional authority. With respect to whether the President can be found to have obstructed justice by exercising his powers under Article II of the Constitution, we concluded that Congress has authority to prohibit a President’s corrupt use of his authority in order to protect the integrity of the administration of justice.

Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructing justice through the use of his Article II powers. The separation-of-powers doctrine authorizes Congress to protect official proceedings, including those of courts and grand juries, from corrupt, obstructive acts regardless of their source. We also concluded that any inroad on presidential authority that would occur from prohibiting corrupt acts does not undermine the President’s ability to fulfill his constitutional mission. The term “corruptly” sets a demanding standard. It requires a concrete showing that a person acted with an intent to obtain an improper advantage for himself or someone else, inconsistent with official duty and the rights of others. A preclusion of “corrupt” official action does not diminish the President’s ability to exercise Article Il powers. For example, the proper supervision of criminal law does not demand freedom for the President to act with a corrupt intention of shielding himself from criminal punishment, avoiding financial liability, or preventing personal embarrassment. To the contrary, a statute that prohibits official action undertaken for such corrupt purposes furthers, rather than hinders, the impartial and evenhanded administration of the law. It also aligns with the President’s constitutional duty to faithfully execute the laws. Finally, we concluded that in the rare case in which a criminal investigation of the President’s conduct is justified, inquiries to determine whether the President acted for a corrupt motive should not impermissibly chill his performance of his constitutionally assigned duties. The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.

CONCLUSION
Because we determined not to make a traditional prosecutorial judgment, we did not draw ultimate conclusions about the President’s conduct. The evidence we obtained about the President’s actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment. At the same time, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.

Plenty Of Collusion. But Not Enough Evidence Of Criminal Conspiracy.

The president says that the Mueller Report exonerated him of collusion. It most certainly did not. But you can judge for yourself. With Mueller set to testify before Congress this week, I thought it would be helpful to post the executive summaries of the report. This is the report’s Executive Summary of the findings regarding conspiracy and election interference. Pay particular attention to the boldface sections (boldface added), especially those toward the end of this summary.

RUSSIAN SOCIAL MEDIA CAMPAIGN
The Internet Research Agency (IRA) carried out the earliest Russian interference operations identified by the investigation — a social media campaign designed to provoke and amplify political and social discord in the United States. The IRA was based in St. Petersburg, Russia, and received funding from Russian oligarch Yevgeniy Prigozhin and companies he controlled. Prigozhin is widely reported to have ties to Russian President Vladimir Putin, [Redacted: Harm to Ongoing Matter]

In mid-2014, the IRA sent employees to the United States on an intelligence-gathering mission with instructions [Redacted: Harm to Ongoing Matter]

The IRA later used social media accounts and interest groups to sow discord in the U.S. political system through what it termed “information warfare.” The campaign evolved from a generalized program designed in 2014 and 2015 to undermine the U.S. electoral system, to a targeted operation that by early 2016 favored candidate Trump and disparaged candidate Clinton. The IRA’s operation also included the purchase of political advertisements on social media in the names of U.S. persons and entities, as well as the staging of political rallies inside the United States. To organize those rallies, IRA employees posed as U.S. grassroots entities and persons and made contact with Trump supporters and Trump Campaign officials in the United States. The investigation did not identify evidence that any U.S. persons conspired or coordinated with the IRA. Section II of this report details the Office’s investigation of the Russian social media campaign.

RUSSIAN HACKING OPERATIONS
At the same time that the IRA operation began to focus on supporting candidate Trump in early 2016, the Russian government employed a second form of interference: cyber intrusions (hacking) and releases of hacked materials damaging to the Clinton Campaign. The Russian intelligence service known as the Main Intelligence Directorate of the General Staff of the Russian Army (GRU) carried out these operations.

In March 2016, the GRU began hacking the email accounts of Clinton Campaign volunteers and employees, including campaign chairman John Podesta. In April 2016, the GRU hacked into the computer networks of the Democratic Congressional Campaign Committee (DCCC) and the Democratic National Committee (DNC). The GRU stole hundreds of thousands of documents from the compromised email accounts and networks. Around the time that the DNC announced in mid-June 2016 the Russian government’s role in hacking its network, the GRU began disseminating stolen materials through the fictitious online personas “DCLeaks” and “Guccifer 2.0.” The GRU later released additional materials through the organization WikiLeaks.

The presidential campaign of Donald J. Trump (“Trump Campaign” or “Campaign”) showed interest in WikiLeaks’s releases of documents and welcomed their potential to damage candidate Clinton. Beginning in June 2016, [Redacted: Harm to Ongoing Matter] forecast to senior Campaign officials that WikiLeaks would release information damaging to candidate Clinton. WikiLeaks’s first release came in July 2016. Around the same time, candidate Trump announced that he hoped Russia would recover emails described as missing from a private server used by Clinton when she was Secretary of State (he later said that he was speaking sarcastically). [Redacted: Harm to Ongoing Matter] WikiLeaks began releasing Podesta’s stolen emails on October 7, 2016, less than one hour after a U.S. media outlet released video considered damaging to candidate Trump. Section III of this Report details the Office’s investigation into the Russian hacking operations, as well as other efforts by Trump Campaign supporters to obtain Clinton-related emails.

RUSSIAN CONTACTS WITH THE CAMPAIGN
The social media campaign and the GRU hacking operations coincided with a series of contacts between Trump Campaign officials and individuals with ties to the Russian government. The Office investigated whether those contacts reflected or resulted in the Campaign conspiring or coordinating with Russia in its election-interference activities. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.

The Russian contacts consisted of business connections, offers of assistance to the Campaign, invitations for candidate Trump and Putin to meet in person, invitations for Campaign officials and representatives of the Russian government to meet, and policy positions seeking improved U.S.-Russian relations. Section IV of this Report details the contacts between Russia and the Trump Campaign during the campaign and transition periods, the most salient of which are summarized below in chronological order.

2015. Some of the earliest contacts were made in connection with a Trump Organization real-estate project in Russia known as Trump Tower Moscow. Candidate Trump signed a Letter of Intent for Trump Tower Moscow by November 2015, and in January 2016 Trump Organization executive Michael Cohen emailed and spoke about the project with the office of Russian government press secretary Dmitry Peskov. The Trump Organization pursued the project through at least June 2016, including by considering travel to Russia by Cohen and candidate Trump.

Spring 2016. Campaign foreign policy advisor George Papadopoulos made early contact with Joseph Mifsud, a London-based professor who had connections to Russia and traveled to Moscow in April 2016. Immediately upon his return to London from that trip, Mifsud told Papadopoulos that the Russian government had “dirt” on Hillary Clinton in the form of thousands of emails. One week later, in the first week of May 2016, Papadopoulos suggested to a representative of a foreign government that the Trump Campaign had received indications from the Russian government that it could assist the Campaign through the anonymous release of information damaging to candidate Clinton. Throughout that period of time and for several months thereafter, Papadopoulos worked with Mifsud and two Russian nationals to arrange a meeting between the Campaign and the Russian government. No meeting took place.

Summer 2016. Russian outreach to the Trump Campaign continued into the summer of 2016, as candidate Trump was becoming the presumptive Republican nominee for President. On June 9, 2016, for example, a Russian lawyer met with senior Trump Campaign officials Donald Trump Jr., Jared Kushner, and campaign chairman Paul Manafort to deliver what the email proposing the meeting had described as “official documents and information that would incriminate Hillary.” The materials were offered to Trump Jr. as “part of Russia and its government’s support for Mr. Trump.” The written communications setting up the meeting showed that the Campaign anticipated receiving information from Russia that could assist candidate Trump’s electoral prospects, but the Russian lawyer’s presentation did not provide such information.

Days after the June 9 meeting, on June 14, 2016, a cybersecurity firm and the DNC announced that Russian government hackers had infiltrated the DNC and obtained access to opposition research on candidate Trump, among other documents.

In July 2016, Campaign foreign policy advisor Carter Page traveled in his personal capacity to Moscow and gave the keynote address at the New Economic School. Page had lived and worked in Russia between 2003 and 2007. After returning to the United States, Page became acquainted with at least two Russian intelligence officers, one of whom was later charged in 2015 with conspiracy to act as an unregistered agent of Russia. Page’s July 2016 trip to Moscow and his advocacy for pro-Russian foreign policy drew media attention. The Campaign then distanced itself from Page and, by late September 2016, removed him from the Campaign.

July 2016 was also the month WikiLeaks first released emails stolen by the GRU from the DNC. On July 22, 2016, WikiLeaks posted thousands of internal DNC documents revealing information about the Clinton Campaign. Within days, there was public reporting that U.S. intelligence agencies had “high confidence” that the Russian government was behind the theft of emails and documents from the DNC. And within a week of the release, a foreign government informed the FBI about its May 2016 interaction with Papadopoulos and his statement that the Russian government could assist the Trump Campaign. On July 31, 2016, based on the foreign government reporting, the FBI opened an investigation into potential coordination between the Russian government and individuals associated with the Trump Campaign.

Separately, on August 2, 2016, Trump campaign chairman Paul Manafort met in New York City with his long-time business associate Konstantin Kilimnik, who the FBI assesses to have ties to Russian intelligence. Kilimnik requested the meeting to deliver in person a peace plan for Ukraine that Manafort acknowledged to the Special Counsel’s Office was a “backdoor” way for Russia to control part of eastern Ukraine; both men believed the plan would require candidate Trump’s assent to succeed (were he to be elected President). They also discussed the status of the Trump Campaign and Manafort’s strategy for winning Democratic votes in Midwestern states. Months before that meeting, Manafort had caused internal polling data to be shared with Kilimnik, and the sharing continued for some period of time after their August meeting.

Fall 2016. On October 7, 2016, the media released video of candidate Trump speaking in graphic terms about women years earlier, which was considered damaging to his candidacy. Less than an hour later, WikiLeaks made its second release: thousands of John Podesta’s emails that had been stolen by the GRU in late March 2016. The FBI and other U.S. government institutions were at the time continuing their investigation of suspected Russian government efforts to interfere in the presidential election. That same day, October 7, the Department of Homeland Security and the Office of the Director of National Intelligence issued a joint public statement “that the Russian Government directed the recent compromises of e-mails from US persons and institutions, including from US political organizations.” Those “thefts” and the “disclosures” of the hacked materials through online platforms such as WikiLeaks, the statement continued, “are intended to interfere with the US election process.”

Post-2016 Election. Immediately after the November 8 election, Russian government officials and prominent Russian businessmen began trying to make inroads into the new administration. The most senior levels of the Russian government encouraged these efforts. The Russian Embassy made contact hours after the election to congratulate the President-Elect and to arrange a call with President Putin. Several Russian businessmen picked up the effort from there.

Kirill Dmitriev, the chief executive officer of Russia’s sovereign wealth fund, was among the Russians who tried to make contact with the incoming administration. In early December, a business associate steered Dmitriev to Erik Prince, a supporter of the Trump Campaign and an associate of senior Trump advisor Steve Bannon. Dmitriev and Prince later met face-to-face in January 2017 in the Seychelles and discussed U.S.-Russia relations. During the same period, another business associate introduced Dmitriev to a friend of Jared Kushner who had not served on the Campaign or the Transition Team. Dmitriev and Kushner’s friend collaborated on a short written reconciliation plan for the United States and Russia, which Dmitriev implied had been cleared through Putin. The friend gave that proposal to Kushner before the inauguration, and Kushner later gave copies to Bannon and incoming Secretary of State Rex Tillerson.

On December 29, 2016, then-President Obama imposed sanctions on Russia for having interfered in the election. Incoming National Security Advisor Michael Flynn called Russian Ambassador Sergey Kislyak and asked Russia not to escalate the situation in response to the sanctions. The following day, Putin announced that Russia would not take retaliatory measures in response to the sanctions at that time. Hours later, President-Elect Trump tweeted, “Great move on delay (by V. Putin).” The next day, on December 31, 2016, Kislyak called Flynn and told him the request had been received at the highest levels and Russia had chosen not to retaliate as a result of Flynn’s request.
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On January 6, 2017, members of the intelligence community briefed President-Elect Trump on a joint assessment—drafted and coordinated among the Central Intelligence Agency, FBI, and National Security Agency—that concluded with high confidence that Russia had intervened in the election through a variety of means to assist Trump’s candidacy and harm Clinton’s. A declassified version of the assessment was publicly released that same day.

Between mid-January 2017 and early February 2017, three congressional committees—the House Permanent Select Committee on Intelligence (HPSCI), the Senate Select Committee on Intelligence (SSCI), and the Senate Judiciary Committee (SJC)—announced that they would conduct inquiries, or had already been conducting inquiries, into Russian interference in the election. Then-FBI Director James Comey later confirmed to Congress the existence of the FBI’s investigation into Russian interference that had begun before the election. On March 20, 2017, in open-session testimony before HPSCI, Comey stated: I have been authorized by the Department of Justice to confirm that the FBI, as part of our counterintelligence mission, is investigating the Russian government’s efforts to interfere in the 2016 presidential election, and that includes investigating the nature of any links between individuals associated with the Trump campaign and the Russian government and whether there was any coordination between the campaign and Russia’s efforts. . . . As with any counterintelligence investigation, this will also include an assessment of whether any crimes were committed.

The investigation continued under then-Director Comey for the next seven weeks until May 9, 2017, when President Trump fired Comey as FBI Director—an action which is analyzed in Volume II of the report.

On May 17, 2017, Acting Attorney General Rod Rosenstein appointed the Special Counsel and authorized him to conduct the investigation that Comey had confirmed in his congressional testimony, as well as matters arising directly from the investigation, and any other matters within the scope of 28 C.F.R. § 600.4(a), which generally covers efforts to interfere with or obstruct the investigation.

President Trump reacted negatively to the Special Counsel’s appointment. He told advisors that it was the end of his presidency, sought to have Attorney General Jefferson (Jeff) Sessions unrecuse from the Russia investigation and to have the Special Counsel removed, and engaged in efforts to curtail the Special Counsel’s investigation and prevent the disclosure of evidence to it, including through public and private contacts with potential witnesses. Those and related actions are described and analyzed in Volume II of the report.
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THE SPECIAL COUNSEL’S CHARGING DECISIONS
In reaching the charging decisions described in Volume I of the report, the Office determined whether the conduct it found amounted to a violation of federal criminal law chargeable under the Principles of Federal Prosecution. See Justice Manual § 9-27.000 et seq. (2018). The standard set forth in the Justice Manual is whether the conduct constitutes a crime; if so, whether admissible evidence would probably be sufficient to obtain and sustain a conviction; and whether prosecution would serve a substantial federal interest that could not be adequately served by prosecution elsewhere or through non-criminal alternatives. See Justice Manual § 9-27.220.

Section V of the report provides detailed explanations of the Office’s charging decisions, which contain three main components.

First, the Office determined that Russia’s two principal interference operations in the 2016 U.S. presidential election—the social media campaign and the hacking-and-dumping operations—violated U.S. criminal law. Many of the individuals and entities involved in the social media campaign have been charged with participating in a conspiracy to defraud the United States by undermining through deceptive acts the work of federal agencies charged with regulating foreign influence in U.S. elections, as well as related counts of identity theft. See United States v. Internet Research Agency, et al., No. 18-cr-32 (D.D.C.). Separately, Russian intelligence officers who carried out the hacking into Democratic Party computers and the personal email accounts of individuals affiliated with the Clinton Campaign conspired to violate, among other federal laws, the federal computer-intrusion statute, and they have been so charged. See United States v. Netyksho, et al., No. 18-cr-215 (D.D.C.). [Redacted: Harm to Ongoing Matter, Personal Privacy]

Second, while the investigation identified numerous links between individuals with ties to the Russian government and individuals associated with the Trump Campaign, the evidence was not sufficient to support criminal charges. Among other things, the evidence was not sufficient to charge any Campaign official as an unregistered agent of the Russian government or other Russian principal. And our evidence about the June 9, 2016 meeting and WikiLeaks’s releases of hacked materials was not sufficient to charge a criminal campaign-finance violation. Further, the evidence was not sufficient to charge that any member of the Trump Campaign conspired with representatives of the Russian government to interfere in the 2016 election.

Third, the investigation established that several individuals affiliated with the Trump Campaign lied to the Office, and to Congress, about their interactions with Russian-affiliated individuals and related matters. Those lies materially impaired the investigation of Russian election interference. The Office charged some of those lies as violations of the federal false statements statute. Former National Security Advisor Michael Flynn pleaded guilty to lying about his interactions with Russian Ambassador Kislyak during the transition period. George Papadopoulos, a foreign policy advisor during the campaign period, pleaded guilty to lying to investigators about, inter alia, the nature and timing of his interactions with Joseph Mifsud, the professor who told Papadopoulos that the Russians had dirt on candidate Clinton in the form of thousands of emails. Former Trump Organization attorney Michael Cohen pleaded guilty to making false statements to Congress about the Trump Moscow project. [Redacted: Harm to Ongoing Matter] And in February 2019, the U.S. District Court for the District of Columbia found that Manafort lied to the Office and the grand jury concerning his interactions and communications with Konstantin Kilimnik about Trump Campaign polling data and a peace plan for Ukraine.
***
The Office investigated several other events that have been publicly reported to involve potential Russia-related contacts. For example, the investigation established that interaction between Russian Ambassador Kislyak and Trump Campaign officials both at the candidate’s April 2016 foreign policy speech in Washington, D.C., and during the week of the Republican National Convention were brief, public, and non-substantive. And the investigation did not establish that one Campaign official’s efforts to dilute a portion of the Republican Party platform on providing assistance to Ukraine were undertaken at the behest of candidate Trump or Russia. The investigation also did not establish that a meeting between Kislyak and Sessions in September 2016 at Sessions’s Senate office included any more than a passing mention of the presidential campaign.

The investigation did not always yield admissible information or testimony, or a complete picture of the activities undertaken by subjects of the investigation. Some individuals invoked their Fifth Amendment right against compelled self-incrimination and were not, in the Office’s judgment, appropriate candidates for grants of immunity. The Office limited its pursuit of other witnesses and information — such as information known to attorneys or individuals claiming to be members of the media — in light of internal Department of Justice policies. See, e.g., Justice Manual §§ 9-13.400, 13.410. Some of the information obtained via court process, moreover, was presumptively covered by legal privilege and was screened from investigators by a filter (or “taint”) team. Even when individuals testified or agreed to be interviewed, they sometimes provided information that was false or incomplete, leading to some of the false-statements charges described above. And the Office faced practical limits on its ability to access relevant evidence as well-numerous witnesses and subjects lived abroad, and documents were held outside the United States.

Further, the Office learned that some of the individuals we interviewed or whose conduct we investigated—including some associated with the Trump Campaign—deleted relevant communications or communicated during the relevant period using applications that feature encryption or that do not provide for long-term retention of data or communications records. In such cases, the Office was not able to corroborate witness statements through comparison to contemporaneous communications or fully question witnesses about statements that appeared inconsistent with other known facts.

Accordingly, while this report embodies factual and legal determinations that the Office believes to be accurate and complete to the greatest extent possible, given these identified gaps, the Office cannot rule out the possibility that the unavailable information would shed additional light on (or cast in a new light) the events described in the report.

The Rebranding Of The United States Of America.

The Revolutionary War was not only a response to tyranny. It was a reaction to Great Britain’s militarization of the colonies. That’s why the Founders were opposed to a standing army. Indeed, that was why the 2nd Amendment tied the right to bear arms to a “well-regulated militia.” But, over time, our population has embraced militarism to a degree that would almost certainly make the Founders shudder.

It is this militarization that has caused the US to be at war all but 13 years of our nation’s 243-year existence. Want to expand our territory? Take the lands from Native Americans. Want to control Puerto Rico, Cuba, Guam and the Philippines? Race to a war with Spain over false pretenses. Want to annex the American Southwest? Gin up a war with Mexico. Want to open trade with China? Attack the weakened dynasty. Want to give our corporations access to an endless supply of bananas? Send our troops into Cuba, the Dominican Republic, Haiti and Nicaragua. Want a shorter path from the Atlantic coast to the Pacific coast? Threaten war with Colombia which controlled Panama. Want to protect our corporations’ access to the natural resources of Southeast Asia? Send military “advisors” into the region. Want to control Middle Eastern oil and establish a military base in the region? Send our troops into Kuwait and Iraq.

Despite an already long, sad history of bullying, what may have launched the militarization of the US was the poetic tribute of Francis Scott Key to our battle flag during the attack on Fort McHenry. Since then, the “bombs bursting in air” imagery has been taken far too literally. And it really ramped up during the age of television following WWII. That’s when the networks discovered they could cheaply fill time with movies celebrating the military heroism of our soldiers in Europe and Asia along with cartoons that vilified Germans, Italians and Japanese.

Since then, militarism has often been confused for patriotism.

Indeed, it seems each year we celebrate militarism more than peace and freedom. Military flyovers begin each major sporting event. The National Anthem precedes every major event and many minor ones. And, more recently, the flag has been co-opted by those who seem to fail to understand and appreciate its true meaning. Witness Trump’s show of literally embracing the flag.

The effect has been devastating. The symbol of America has been rebranded. Once revered internationally as a symbol of freedom and good, more and more, the stars and stripes has come to represent a threat, racism, an inflexible and unforgiving form of religion, and a political party led by a bully.

Never has that been more apparent than during the July 4th Trumpalooza in Washington, DC. An event intended to celebrate our freedom from tyranny was turned into a political display of our military might. VIP tickets were given only to donors and supporters by the RNC. There were tanks and other military hardware on display and there were flyovers by our latest and greatest war machines.

The event cost millions. For what purpose? To appease the current occupant of the White House; to make him feel as powerful as the dictators and strong men he so admires; to jumpstart his re-election campaign. It wasn’t a celebration of our nation’s founding so much as an opportunity for Trump to use the military and our flag as a brand that he can sell to multinational corporations, military contractors, evangelicals and racists.

Instead of celebrating our Dear Leader and his favorite weapons of war, we would be better advised to consider the wise words of Benjamin Berell Ferencz, the last living prosecutor at the Nuremberg trials: “War makes murderers out of otherwise decent people. All wars. And all decent people.”

A Primer On Freedom For Trump Supporters.

Following our annual celebration of freedom known as Independence Day, and given recent events, it has become clear that some of you – including our president – are unclear as to what freedom actually means. So I’ll attempt to clear that up for you.

Wikipedia defines freedom as “…having the ability to act or change without constraint. Something is “free” if it can change easily and is not constrained in its present state. In philosophy and religion, it is associated with having free will and being without undue or unjust constraints, or enslavement, and is an idea closely related to the concept of liberty. A person has the freedom to do things that will not, in theory or in practice, be prevented by other forces.”

Those “other forces” are, by necessity, laws. In order for all those within a given society to enjoy a large degree of freedom, there must be limits. Without them, freedom would quickly devolve into anarchy.

Though not themselves perfect, our Founders hoped to usher in an Age of Enlightenment. Through the Constitution, they hoped to create a nation that would serve as a model for the world in which its inhabitants were free from tyranny…even tyranny of the majority. That’s why the Constitution created a framework of laws. Why it forbade the establishment of an official religion. It’s why the Constitution guarantees freedom of religion, freedom of speech, freedom of the press and the rights of assembly. It’s why it guarantees the right of citizens to petition the government. It’s why it created a government elected by the people and a court system in which the people could address grievances. And, to ensure equality, Article IV states, “The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. (In other words, all states.)

That stated, perhaps the best way to define the liberty that our Founding Fathers gave us is to look at what it is not.

For example, dear Trump supporters, you and your hero do not have the freedom to proclaim the United States a Christian nation. Nor do you have the freedom to deny rights to those who practice a religion different than yours or to those who practice no religion at all – no matter how much that may offend you. Freedom does not give you the right to impose your religious beliefs on others. Freedom does not give you the right to harass, bully, assault or threaten those who look different, worship differently, love differently or vote differently than you. And it certainly doesn’t mean that you are free to cage, torture and detain indefinitely those who speak a different language than you just because they crossed our borders seeking refuge.

It does not give individuals and corporations the freedom to cheat, steal or cause harm to others. It doesn’t mean that you are free to pollute the air and water that we all need to survive. Or to steal our natural resources. It doesn’t give you the right to deny medical care and needed pharmaceuticals to others if doing so is against your perverted faith. It does not give you the right to deny other citizens the opportunity to vote even if you disagree with their choices. It does not give your president and his family the right to enrich themselves by pillaging our nation’s coffers. It does not give your Mango Mussolini and his wealthy friends the right to move their profits offshore in order to avoid taxes thereby forcing the rest of us to pick up their share.

And it sure as hell doesn’t give your politicians the right to seek and use the assistance of a foreign adversary in order to defeat their opponents!

Why I Won’t Be Celebrating This Fourth Of July.

On the eve of the Fourth of July and our wannabe dictator’s MAGA tribute to himself, we should pause and consider how patriotism has been commandeered by his political party to divide rather than to unite; to celebrate military might over the ideals of our founders; to benefit the greed of a few over the needs of the many; to use power to exact cruelty upon those less fortunate; to ignore human rights and the will of the majority; to deny civil rights to those who have a darker skin, who worship or love differently.

Once a celebration of our freedom from tyranny, Trump has turned the July 4th celebration in our nation’s capitol into a for-profit celebration of his power. He and the RNC have sold seats in a VIP section for his wealthy followers and lobbyists. He has filled his hotel with those seeking access to his office at the cost of $964 to $4,200 a night. He has redirected millions intended for defense in favor of military flyovers and a display of tanks. He has redirected millions in admission fees from national parks intended for maintenance and improvements to pay for his crass political rally.

His celebration should be met with outrage and derision.

Yet Trump is only a symptom of the political party and philosophy he represents. For many years now, members of the GOP have claimed to be the only true patriots – our country right or wrong. And more often than not, they have been on the wrong side of history – fighting against Social Security, Medicare, Medicaid and the Civil Rights Acts, leading us into unnecessary wars, passing tax cuts for the wealthy, pushing us further into debt, and leading us into economic calamities.

That’s why I’ll be ignoring tomorrow’s spectacle in Washington and it’s why I’ll be flying the battle flag of the republic upside-down.

How can we celebrate narcissism and contempt for norms? How can we celebrate perpetual war over the control of oil resulting in the deaths of the brave? How can we celebrate our government’s mass cruelty toward those seeking refuge in the land of the free? How can we celebrate greed? How can we celebrate a government led by someone who failed to win a majority of votes and was put in power only with the help of a foreign rival? How can we celebrate alongside a president who embraces dictators while shunning our allies? Who shows contempt for all those who voted against him? Who separates families at our southern border and incarcerates children in worse conditions than the terrorists who attacked our country?

Instead of watching our Dear Leader’s celebration on the national mall, we should read the Declaration of Independence as we dine on our hot dogs. We should read the Constitution over a good beer. We should read the many writings of the founders in order to better understand their intent and the age of enlightenment. We should read a civics textbook as we enjoy a slice of apple pie. Better yet, we should read the Mueller Report.

Then we should ask ourselves: How did we get here? How did everything go so wrong? How can we accept our nation’s many faults and try to make amends for the fact that it stole the land from the original inhabitants through genocide and built much of its wealth on the backs of slaves? How can we live up to the ideals of our founders and not their personal failures? How can we better stand up to those who would take us down the wrong path? How can we help the USA to become a better nation?

How can we end the senseless gun violence – the slaughter of children? How can we give all of our residents equal access to quality health care? How can we better provide our citizens education and equal opportunity? How can we better encourage and utilize their unique talents? How can we make certain that all of our citizens have the opportunity to exercise their right to vote? How can we improve our justice system to make it truly blind to color, religion or sexual orientation? How can we better help and welcome those seeking asylum from tyranny as our ancestors were welcomed? How can we be a better example for others in the world? How can we help others enjoy our freedoms? How can we end war? How can we address the growing threat of climate change? How can we make the planet we share with more than a hundred other nations better?

To me, that is what true patriotism means. Not some display of military might in honor of a sociopath who is an illegitimate occupier of our nation’s highest office.

The Insufferable Cowardice Of Democratic Strategists.

Whenever I listen to Democratic Party “strategists” dismiss the idea of impeachment out of fears that it will help Trump win re-election, my thoughts turn to the lion in the Wizard of Oz who was seeking courage. By basing all of their decisions on polling, these pundits and strategists have shown they lack the conviction of their own beliefs. They are little more than weather vanes – always reacting to the direction the political winds are blowing. And, in doing so, they have caused long-term harm to the future of the party and the nation.

Just look at their recent record. The strongest and most eloquent Democratic member of the Senate, Al Franken, was forced to resign without due process by Democratic leaders pandering to the Me-Too movement. Representative Ihlan Omar was publically shamed and forced to apologize for having the courage to speak up about the out-sized role of AIPAC and Netanyahu in US politics. Alexandria Ocasio-Cortez has largely been left on her own to defend herself against scurrilous GOP attacks. And instead of using all of the powers granted to them by the Constitution to compel testimony, Democratic-controlled committees have patiently awaited the courts to enforce the subpoenas of administration witnesses, allowing Trump to continue to run out the clock until the 2020 election.

Now ask yourself: What would Republicans do if the roles were reversed? We already know the answers. GOP officials have always circled the wagons around those who have been accused of sexual assault, racism and other antisocial behavior. They have ignored the many outrageous statements made by Sen. Mitch McConnell, Rep. Steve King and others. They have looked the other way from the administration’s corruption. And most continue to support Trump despite his crimes and despicable behavior.

Democratic leaders justify their refusal to call for an impeachment inquiry against Trump by pointing to the rise of President Clinton’s job approval following his impeachment. First, let me state that an impeachment inquiry is not impeachment. It is an investigation. If the House doesn’t find enough evidence of high crimes and misdemeanors, it doesn’t have to vote for impeachment. Second, they should note that, despite Clinton’s job approval, Republicans still took control of the House and the White House in the following election.

Further, the crimes and circumstances are starkly different. Can you really compare the impact of impeaching a president over a sexual indiscretion with an impeachment investigation into a president who gained office with the help of our nation’s greatest adversary; who welcomed and encouraged Russian interference; who provably committed obstruction of justice trying to derail the investigation into his campaign’s complicity with Russians; who resorted to witness tampering and suborning of perjury? A president who is in obvious violation of the Constitution’s emoluments clause? A president who refuses to reveal his tax returns, likely because of questionable financial ties to Russian crime bosses?

When the details of this president’s crimes are put on public display in congressional hearings, do you really think voters will show sympathy for him and vote for him in 2020?

Some Democratic Party strategists argue that Trump is setting an “impeachment trap” – that he actually wants to be impeached in order to ensure his re-election. This supposes that Trump is an evil genius who is just daring Democrats to impeach and, in doing so, they will fall into his carefully laid trap. That argument is laughable. Trump may be good at branding and manipulating the media, and he’s certainly good at creating fear and division. But a genius? Hardly.

Based on his panic over the Mueller report, I believe he is actually terrified of impeachment. An impeachment inquiry would give Congress access to information that was unavailable even to the Mueller team. Rather than exonerate Trump, it’s likely to reveal a large number of yet unproven crimes, such as tax fraud and money-laundering. Moreover, an impeachment inquiry is likely to have little negative effect on Democratic prospects for the 2020 elections. No matter what happens, Trump has already accused Democrats of treason; of trying to implement a coup; of trying to overturn the results of the 2016 election. Indeed, he and his new fixer, William Barr, have already begun an investigation into the “oranges” [sic] of CIA and FBI “spying” on his 2016 campaign. That nonsense is already baked into the 2020 campaign.

What’s more likely to damage the outlook for Democrats in the 2020 election is weakness and indecision. We already know that 35 to 40 percent of Americans support Trump. Given that his supporters only believe what Fox News and other conservative media tell them, they will vote for him no matter what happens. Likewise, for those independent voters who haven’t yet made up their minds about Trump (if they even exist), an impeachment inquiry might reveal details that give them reason to either vote against him or to stay home on election day.

The voters Democratic leaders need to most worry about are those in their own base. Since Democrats are the majority party, voter turnout is critical. Failing to hold Trump accountable could well demoralize Democrats. But an impeachment inquiry is almost certain to energize Democrats to vote.

If all of that isn’t enough to convince Democratic leaders to do the right thing, they should re-read Article II, Section 4 of the Constitution which states, “The President, Vice-President and all civil officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” (Note that it says shall. Not can, may or if it’s convenient.) If gaining the office with the help of a foreign adversary, failing to follow the Constitution, obstructing justice, suborning perjury and witness tampering don’t qualify as high crimes and misdemeanors, it’s difficult to imagine what would.

Finally, they should look to the recent town hall meeting held by Rep. Justin Amash for inspiration. A staunch conservative, Amash is the first member of the Republican caucus to call for impeachment. And, when he laid out his case to his skeptical constituents, they rose to their feet and gave him a standing ovation – proof that it pays to have the courage to do the right thing.

Ignore His Tweets and Taunts. Pay Attention To His Actions.

While Democrats and the media have focused on the Tweets and the taunts and the name-calling, many of the worst activities of the Trump administration have gone unnoticed. That’s because the administration seems to have borrowed a strategy from sports – especially NHL hockey. The idea is that, if you can’t win on the merits, you resort to cheating and bullying. You commit as many fouls as possible based on the theory that the referees won’t/can’t call all of them. The referees are then faced with two options: To make the game unwatchable from the constant stoppages and penalties. Or to call only the most egregious fouls.

Likewise, by burying the media, the public and Congress under an avalanche of executive orders, policy changes, unqualified presidential appointments, unjustified pardons, blatant corruption, obstruction and criminal actions, the administration seems to believe that the public will tire of the outrage and buy into the notion that the president is the victim of negative and partisan reporting.

Whatever else you can say about Donald Trump, you must admit that he is a master of the con and self-promotion. He knows how to manipulate his base and the media. Indeed, every time I see him speak, I see the narcissism of Benito Mussolini combined with the limited vocabulary and taunting of Vince McMahon and his WWE bullies. (I am quite certain that is the result of study and hours of practice in front of Trump’s favorite item – the mirror.)

Repulsed by the cartoon-like show, the majority of Americans often miss or ignore the things that are taking place behind the scenes – things that could prove fatal to our democracy.

Every single day, the administration commits more harmful and anti-democratic actions. Career public servants are replaced by unqualified family members, toadies and demagogues from the Trump propaganda network, aka Fox News. Highly partisan and unqualified judges are confirmed as a result of Mitch McConnell’s disregard for long-standing traditions and regular order. Refugees from all over the world are sent back to the dangers they tried to escape. (There are even plans to deport refugees who came here immediately following the Vietnam War.)

The constitutional protections from unreasonable search and seizures have been suspended within 100 miles of our borders – all of our borders. International laws and norms are ignored. Refugee children are traumatized by being ripped from their parents. Pollution is increased as the result of environmental deregulation. Increasingly, our lives are placed at risk by uncontrolled gun violence encouraged by Trump supporters in the NRA. Our economy and consumers are also placed at risk by the dismantling of Consumer Financial Protection Bureau regulations and the Dodd-Frank bill that was designed to prevent another financial collapse. And more people will go bankrupt or die because of the administration’s undermining of the Affordable Care Act.

Each day, the administration borrows more money from China to prop up our economy and to squander on unneeded, and often flawed, weapons systems. At the same time, it has imposed tariffs on billions of dollars of Chinese goods leading to a trade war and higher prices for American consumers. Diplomacy has been replaced by outright bullying and brinksmanship. Trump and his administration have threatened NATO members and turned their backs on trusted allies while embracing some of the world’s worst dictators.

The administration encourages violent racism and intentionally sews division to improve Trump’s chances of being reelected. Sacred Native American lands and public lands are being sold off to extraction industries. American citizens are displaced and their lives disrupted in order to build a senseless wall. Public schools, food stamps, veterans programs, fair trade, access to safe abortions, the constitutional separation of church and state, and so-called entitlements are all under attack. So, too, are our most important institutions like the press, the FBI and our Intelligence agencies.

The president and his mouthpieces commit daily assaults on the truth. The administration has forced a constitutional crisis by announcing that it will refuse to be burdened by congressional oversight. Meanwhile, the crime family in charge enriches itself with taxpayer money as it refuses to reveal its tax returns.

If the orange diKKKtator could accomplish all this while under investigation for conspiring with Russia during the 2016 election, imagine the harm he can cause now that he and his supporters falsely claim “total exoneration?” Even more frightening are the potential consequences of his re-election and the possibility of Congress being retaken by his stooges and sycophants.

Thankfully, you have the power to prevent that grim and dystopian future. Write or call your congressional representatives and demand that impeachment hearings begin immediately. Even more important, VOTE!

The 2nd Amendment: What Were The Framers Thinking?

To many gun owners, and especially to the NRA, the right to own guns is as sacred as the right of free speech. The Constitution, after all, includes the 2nd Amendment in the Bill of Rights immediately following freedom of religion, freedom of speech, freedom of the press, the right to assembly and the right to petition the government. There it is in black and white: “The right of the people to keep and bear arms shall not be infringed.”

However, that’s not the complete wording of the 2nd Amendment. Conveniently, the NRA ignores the first and, I believe, most important part: “A well regulated Militia, being necessary to the security of a free State…” Reading the amendment in its entirety changes the meaning of the amendment dramatically.

So what were our Founding Fathers really thinking when it comes to guns? According to historian, constitutional scholar and author Fergus Bordewich, they devoted little time or discussion to the issue. In an interview on Democratic Perspective, he says, “You would think that something that looms so large for present day Americans must have been something that loomed large for those who crafted the amendment. Not so. I read the debates. And I recommend to anyone who is getting annoyed by what I’m saying here to go read the debates. All the papers for the first congress are in print. It was kind of a collective shrug, frankly. There was no discussion whatsoever of this as a fundamental human right at all.”

This should come as no surprise to any thinking American. The Founders were creating a nation governed by the people. Their only real concerns regarding tyranny revolved around defending the nation from the British to the north and the Spanish to the south, and from giving too much power to a president who might try to become king.

According to Bordewich, “There was no mystery in the [2nd] amendment except that it’s badly written. It’s badly worded because we can still be sitting here 200 odd years later debating what they actually meant. And it’s perfectly clear, if you know the history and context, that they were talking about guns that would be handled by people who belonged to a militia.” That is supported by the fact that the amendment that immediately follows, the 3rd Amendment, prohibits soldiers from quartering in a house without permission of the owner – an issue that had risen out of the actions of the British army prior to and during the Revolutionary War. In other words, the Founders and most American citizens of the time were extremely wary of creating a standing army.

So what changed? How did we get to the point where nearly anyone can go into a gun shop and walk out a few minutes later with a powerful weapon of war? What led us to accepting hundreds of mass shootings and tens of thousands of non-suicidal gun deaths each year as the price of freedom?

Bordewich responds, “You get there by having a powerful, ruthless lobbying organization that’s backed by the arms industry that wants to sell a lot of guns and has convinced people that they are somehow threatened by reasonable legislation to control guns.”

Indeed, many Americans now seem more willing to put limits on the other rights enumerated in the Constitution than they are on guns. If that ever happens, we will have lost our democracy.

Is The GOP A Political Party? Or A Crime Syndicate?

For those of you who think the two major political parties in the US are different in name only, I would like to correct the perception. True, both parties are far too friendly with lobbyists and large corporations. Both rely on billionaires to fund their political campaigns. Both have voted to dole out billions in corporate welfare. But that’s where the comparisons end. Today’s GOP would be unrecognizable to Republicans such as Abraham Lincoln, Dwight D. Eisenhower and Nelson Rockefeller.

In my lifetime, I’ve seen GOP Sen. Joseph McCarthy create rampant fear of communists around every corner resulting in false accusations and black lists that ruined the lives of political opponents and innocents alike.

We saw GOP presidential candidate Richard M. Nixon treasonously interfere in the Vietnam peace talks for political advantage. As president, he divided the nation. Then, in his re-election campaign, he created a dirty tricks squad to torment his opponents. He was forced from office when it was discovered that he ordered a break-in of Democratic offices and used his position to cover it up. His VP, his Attorney General, his White House lawyer and others went to prison. And, during the Watergate hearings, he was found to have committed tax fraud. But, thanks to a pardon by his Republican successor, he was spared prison even as his tax lawyer was convicted and sentenced.

Similarly, we learned that Ronald Reagan secretly, and treasonously, negotiated with the Iranians to prevent the release of US hostages until after the presidential election. Then, during his second term, it was discovered that he had illegally ordered the sale of arms to Iran in order to fund an illegal war in Central America. At least a dozen members of his administration were indicted while Reagan was allowed to ride off into the sunset. Yet few of the culprits served real consequences since Reagan’s GOP successor, George H.W. Bush, ordered his Attorney General (William Barr) to pardon them.

Under false pretenses, Bush later led a war against Iraq over Kuwaiti oil. And following his “victory” Bush sent the nation’s economy into a deep recession by closing dozens of military bases in the US.

Following in his father’s footsteps, George W. Bush ignored warnings that al-Qaeda was set to attack the US resulting in 9/11. He then took us to war in Afghanistan (our longest-running war) and lied our nation into going to war in Iraq resulting in the squandering of trillions of dollars and the complete destabilization of the Middle East the consequences of which will be felt for many generations. Bush also oversaw the continued de-regulation of our financial sector leading to the collapse of our stock markets and the Great Recession.

Now we have the boss of a crime family occupying our White House – Donald J. Trump – who ascended to power as the beneficiary of substantial election interference by Russia, information stolen from Democratic databases, election fraud, illegal campaign contributions, and more than $70 million from the NRA. He has not only refused to acknowledge Russian interference, he has obstructed investigations into that interference. Only because of an inane judgment by the DOJ has he avoided charges. Meanwhile, his personal lawyer and members of his campaign committee have either pleaded guilty or have been convicted of crimes leading to prison sentences.

And that’s not even the worst of his presidency. He has led the plundering of our treasury to enrich his family, his friends and large corporations. He has gutted regulations designed to prevent another market crash and to protect our environment. He has engaged in ill-conceived trade wars. He has implemented racist policies. He has further divided our nation by empowering white nationalists. And he has undermined the truth, the press and most of our institutions.

All of this has been enabled by compliant GOP congressional representatives who are re-elected only as the result of extreme gerrymandering, union busting and a variety of voter suppression techniques designed to prevent people of color and the working poor from voting for their opponents.

By comparison, the last three Democratic administrations have been guilty of balancing the budget, rescuing our economy from financial collapse, giving millions of Americans access to affordable health care, and twenty years relatively free from scandal…except for that blow job and those emails. You know, THOSE emails.

Is The US Still A Nation Of Laws?

If so, Congress has no choice but to begin the impeachment process now.

Trump committed obstruction of justice – not just in private by ordering his underlings to fire Mueller – but in public by calling the investigation a witch hunt. He suborned perjury by stating that he would “take care of” those who refused to testify against him and by calling those who did “rats.” He has ignored the Constitution’s emoluments clause by using his Washington DC hotel to profit from foreign leaders, foreign citizens and lobbyists. And he obviously requested then accepted and benefited from property stolen by Russian hackers.

If those actions don’t rise to the level of “high crimes and misdemeanors,” it’s difficult to imagine what does.

Nixon resigned under threat of impeachment for ordering the break-in of the Democratic office and resorting to obstruction of justice in order to cover it up. Clinton was impeached for accepting oral sex from an intern and lying about it. Are those crimes worse than accepting property stolen from a political opponent by a hostile nation and obstructing justice by attempting to prevent an investigation into the matter?

Since Trump began his campaign to win the most powerful office in the world, we have seen him refuse to reveal his tax returns unlike most other presidential candidates since Nixon. We have heard him brag about sexual assault. We have discovered that he had an extramarital affair with a porn star and a centerfold model then illegally paid for their silence. We heard from more than a dozen women, including one who was underage, that Trump had sexually assaulted them. We learned that Trump had been a regular guest at Jeffrey Epstein’s parties before Epstein was convicted of trafficking underage girls for sex. And we learned that a tabloid managed by a Trump friend practiced “catch and kill” to bury unflattering stories about Trump.

Despite Trump’s claims that he had nothing to do with Russia, we heard his sons brag that the family business gets all the financing it needs from Russians. We learned that Trump’s lawyer had continued to negotiate a deal for Trump Tower Moscow even after the 2016 election. We learned that much of Trump’s income comes from real estate sales to Russian oligarchs – likely as a means of laundering money. We’ve seen Trump’s campaign manager, his personal attorney, his national security advisor and others associated with his campaign arrested and convicted. And we learned of more than 100 contacts between members of the Trump campaign and Russians.

We watched Trump settle a lawsuit that his Trump Foundation defrauded donors. We saw him settle claims that his Trump “university” defrauded students. We learned that he and his siblings engaged in tax fraud in order to avoid paying millions on their inheritance. And we learned that his name was mentioned in the Panama Papers – a leak of those involved in offshore tax havens – 3,540 times. (Not surprisingly, his good friend Vladimir Putin was also named.)

We have seen reports of millions in donations missing from the Trump Inaugural Committee. We have learned that the former owner of an illicit massage parlor in Florida is a regular at Mar-a-Lago and helped raise funds from Chinese nationals for Trump’s campaign – funds that weren’t reported and cannot be accounted for.

We have listened to thousands of lies told by Trump and his administration since he took office. (It has been documented that roughly 70 percent of the statements Trump makes are false!) We have seen him appoint the most corrupt and unqualified cabinet in history. We have watched him appoint dozens of unqualified and ideological judges to lifetime positions. We have watched the unraveling of environmental, financial and safety regulations. We have witnessed his racism and his apologies for violent white nationalists. We have watched as his administration ripped immigrant children from their parents and housed them in cages. We have seen his administration veto a UN resolution that would hold war criminals accountable and force a change in another UN resolution that will result in the denial of abortions to girls who have been raped as a military tactic. We have read his Tweets promoting violence against a black Muslim congresswoman. And we have seen Trump cozy up to some of the world’s worst dictators while, at the same time, turning a cold shoulder to our longest-standing and most loyal allies.

How many more crimes must Congress see before taking action? How many more despicable acts?

Does Trump really have to shoot someone in the middle of Fifth Avenue, as he once bragged he could, to be held accountable for his actions? Would not any other resident of the US be charged and convicted for just one of the many crimes committed by Trump?

A woman in Texas is serving a 5-year prison sentence for not realizing that she was ineligible to vote. Yet Barr and the DOJ have let Trump and other members of his campaign off the hook for supposedly not knowing that it was against the law to undermine our electoral process by accepting help from a hostile nation. What happened to the long-standing legal principle that ignorance of the law is no excuse?

Throughout our nation’s history, we have operated according to the principle that no one is above the law. So far, that has not applied to the Teflon Don and his crime family.