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Category: Law/Crime

No president is above the law

No president is above the law

Elizabeth Warren writes: When Special Counsel Robert Mueller’s report was released on April 18, I sat down and read it. All 448 pages of it. I started reading it that afternoon, and I read all through the night and into the next morning. And when I got to page 448, three things were clear to me. First, a hostile foreign government attacked our 2016 election to help candidate Donald Trump get elected. Second, candidate Donald Trump welcomed that help. Third,…

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Mueller’s punt keeps looking worse

Mueller’s punt keeps looking worse

Andrew Prokop writes: Robert Mueller’s report makes the stirring claim that “a fundamental principle of our government” is that no person, not even the president, “is above the law.” But the special counsel’s ultimate legacy may well be the exact opposite — because of his controversial decision not to say whether Trump committed criminal obstruction of justice. “We concluded that we would not reach a determination, one way or the other, about whether the president committed a crime,” Mueller said…

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Neither Congress nor the press did enough to tell the American people what they needed to know about the Mueller report

Neither Congress nor the press did enough to tell the American people what they needed to know about the Mueller report

Quinta Jurecic writes: Mueller has remained silent for two years, and his first public statement was always going to be a significant event. Likewise, the underlying information communicated in both Mueller’s remarks and the report itself is appalling—and further discussion of its meaning can only be good. The question is why it took so long to happen. The difficulty in communicating the substance of the Mueller report began even before the report itself was released. When Barr first released his…

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In first and only statement after completing his investigation, Mueller points towards impeachment

In first and only statement after completing his investigation, Mueller points towards impeachment

Announcing his resignation, Robert Mueller said: The order appointing me special counsel authorized us to investigate actions that could obstruct the investigation. We conducted that investigation, and we kept the office of the acting attorney general apprised of the progress of our work. And as set forth in the report, after that investigation, if we had confidence that the president clearly did not commit a crime, we would have said so. We did not, however, make a determination as to…

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What the Mueller report actually said

What the Mueller report actually said

David Frum writes: Robert Mueller has advised Americans to go back and actually read his report if we want to understand what happened in 2016. “We chose those words carefully, and the work speaks for itself,” he said on Wednesday morning, speaking publicly for the first time since his appointment. But the words of the report are damning. “The Russian government interfered in the 2016 presidential election in sweeping and systematic fashion,” Mueller wrote. This help “favored presidential candidate Donald…

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The U.S. media is in the crosshairs of the new Assange indictment

The U.S. media is in the crosshairs of the new Assange indictment

Jack Goldsmith writes: I have written a lot on how hard it is to distinguish WikiLeaks from the New York Times when it comes to procuring and publishing classified information. One implication of the comparison is that any successful prosecution of WikiLeaks founder Julian Assange would have adverse implications for mainstream U.S. news publications efforts to solicit, receive and publish classified information. The May 23 indictment of Assange makes clear that these concerns are real. As Susan Hennessey said, “[I]t…

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Latest charges against Assange are an assault on press freedom

Latest charges against Assange are an assault on press freedom

Brian Barrett writes: On Thursday, the Department of Justice unsealed new charges against WikiLeaks founder Julian Assange. Unlike the previous indictment—which focused narrowly on an apparent offer to help crack a password—the 17 superseding counts focus instead on alleged violations of the Espionage Act. In doing so, the DOJ has aimed a battering ram at the freedom of the press, whether you think Assange is a journalist or not. The indictment, which you can read in full below, alleges that…

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Amend the Espionage Act: Public interest defenses must be allowed

Amend the Espionage Act: Public interest defenses must be allowed

In an editorial, the Pittsburgh Post-Gazette says: It has been almost 102 years since the Espionage Act was signed into law by Woodrow Wilson. Initially conceived as a means by which to “punish acts of interference with the foreign relations,” the act has since become a tool of suppression, used to punish whistleblowers who expose governmental wrongdoing and criminality. It is time that the law be amended to accommodate those who share information vital to the public interest. Daniel Everette…

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Nevada poised to become 15th state to ditch Electoral College

Nevada poised to become 15th state to ditch Electoral College

NPR reports: President Hillary Clinton? That would have been the result of the 2016 presidential election — if the National Popular Vote Interstate Compact were in effect. With a state Senate vote Tuesday, Nevada is close to becoming the latest state to sidestep the Electoral College when it comes to electing presidents. According to the National Popular Vote organization, which oversees efforts to persuade states to join the compact, 14 states and the District of Columbia have agreed to pledge…

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Federal judge says Deutsche Bank, Capital One can give Trump financial records to Congress

Federal judge says Deutsche Bank, Capital One can give Trump financial records to Congress

CNBC reports: A federal judge in New York City on Wednesday said Deutsche Bank and Capitol One can turn over financial documents related to President Donald Trump and his businesses in response to subpoenas from House Democrats. Judge Edgardo Ramos’s ruling came after a hearing at which lawyers for Trump, his three older children, Donald Jr. Eric and Ivanka, and the Trump Organization argued that the subpoenas to the two banks should be quashed. Ramos, an appointee of President Barack…

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New York passes bill giving Congress a way to get Trump’s state tax returns

New York passes bill giving Congress a way to get Trump’s state tax returns

The New York Times reports: Even before he was elected president, Donald J. Trump had steadfastly refused to release his federal tax returns, bucking years of tradition among presidential candidates. His intransigence deepened once he entered the White House, defying a congressional subpoena for the tax records. Now, however, a nine-page workaround by the New York State Legislature may serve as a way for Congress to get its hands on a trove of Mr. Trump’s tax information. On Wednesday, the…

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Trump’s unofficial judicial adviser runs ‘dark money’ operation using nonprofit system to influence judicial appointments

Trump’s unofficial judicial adviser runs ‘dark money’ operation using nonprofit system to influence judicial appointments

The Washington Post reports: Leonard Leo stepped onto the stage in a darkened Florida ballroom, looked out at a gathering of some of the nation’s most powerful conservative activists and told them they were on the cusp of fulfilling a long-sought dream. For two decades, Leo has been on a mission to turn back the clock to a time before the U.S. Supreme Court routinely expanded the government’s authority and endorsed new rights such as abortion and same-sex marriage. Now,…

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Federal judge upholds congressional subpoena for Trump financial records

Federal judge upholds congressional subpoena for Trump financial records

Politico reports: A federal judge on Monday upheld a congressional subpoena seeking President Donald Trump’s financial records from an accounting firm, arguing that Congress is well within its rights to investigate potential illegal behavior by a president — even without launching a formal impeachment inquiry. U.S. District Court Judge Amit Mehta’s ruling delivers a striking blow to the president’s efforts to resist Democratic investigations, and is certain to give Democrats further legal basis to investigate Trump, his finances, and his…

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Mueller and House Democrats at impasse over how much of his testimony would be public

Mueller and House Democrats at impasse over how much of his testimony would be public

The Washington Post reports: Robert S. Mueller III and House Democrats have been unable to reach an agreement on how much of the special counsel’s expected congressional testimony would be public, and how much would take place in private, according to people familiar with the matter. The special counsel’s office, along with senior Justice Department officials, has been quietly negotiating with the House Judiciary Committee, whose chairman, Rep. Jerrold Nadler (D-N.Y.), has been eager to have Mueller testify as soon…

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