Attention to the Unseen

The New York Times reports: One of the two indicted associates of President Trump’s personal lawyer, Rudolph W. Giuliani, on Wednesday tied the case to the president himself, saying that some of the evidence gathered in the investigation could be subject to executive privilege. The unusual argument was raised by a defense lawyer in federal court in Manhattan as the two associates, Lev Parnas and Igor Fruman, pleaded not guilty to federal charges that they had made illegal campaign contributions…

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Politico reports: Even if President Donald Trump shot someone in the middle of Fifth Avenue, New York authorities could not punish him while he is in office, the president’s lawyers argued Wednesday. Attorneys for Trump made the claim while arguing before a federal appeals court in their suit against Manhattan District Attorney Cy Vance, who has subpoenaed Trump’s tax returns. Trump is fighting the subpoena on the grounds that as president, he has absolute immunity from criminal indictment or investigation….

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Law & Crime reports: The New York City Bar Association has called on U.S. Attorney General William Barr to stand down and recuse himself from any further review by the Department of Justice (DOJ) of issues related to the Trump Administration’s massive and snowballing Ukraine scandal. In a statement, the organization blasted Barr’s continued presence. The DOJ “has a unique role in safeguarding the rule of law under the Constitution,” the statement’s summary begins. “Barr has undermined that role,” by…

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Frank O. Bowman III writes: “High crimes and misdemeanors” is surely the most troublesome, misleading phrase in the U.S. Constitution. Taken at face value, the words seem to say that impeachable conduct is limited to “crimes”—offenses defined by criminal statutes and punishable in criminal courts. That impression is reinforced by the fact that the phrase follows the obviously criminal “treason” and “bribery” in Article II’s list of the kinds of conduct for which the “President, Vice President and all civil…

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Bruce Ackerman writes: On Wednesday, the Washington Post reported on a closed-door session among Senate Republicans discussing the way they should conduct a trial if President Donald Trump is impeached by the House. According to at least one senator, Senate Majority Leader Mitch McConnell indicated that he is aiming for a rapid process that might start around Thanksgiving and end by Christmas. There are many reasons, though, to think that such a rush to judgment will fail. The Constitution explicitly…

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William D Cohan writes: On Thursday, June 27, the S&P 500 index stood at about 2915; a week or so later, it was just below 3000, a gain of 84 points, or $4,200 per e-mini contract. Whoever bought the 420,000 e-minis on June 28 had made a handsome profit of nearly $1.8 billion. Traders in the Chicago pits have been watching these kinds of wagers with an increasing mixture of shock and awe since the start of the Trump presidency….

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ProPublica reports: Documents obtained by ProPublica show stark differences in how Donald Trump’s businesses reported some expenses, profits and occupancy figures for two Manhattan buildings, giving a lender different figures than they provided to New York City tax authorities. The discrepancies made the buildings appear more profitable to the lender — and less profitable to the officials who set the buildings’ property tax. For instance, Trump told the lender that he took in twice as much rent from one building…

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Robert Reich writes: The most xenophobic and isolationist American president in modern history has been selling America to foreign powers for his own personal benefit. Trump withdrew American troops from the Syrian-Turkish border, leaving our Kurdish allies to be slaughtered and opening the way for a resurgent Islamic State. Trump’s rationale? He promised to bring our soldiers home. There could be another reason. Trump never divested from his real estate business, and the Trump Towers Istanbul is the Trump Organization’s…

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The New York Times reports: Federal prosecutors in Manhattan are investigating whether President Trump’s personal lawyer Rudolph W. Giuliani broke lobbying laws in his dealings in Ukraine, according to two people familiar with the inquiry. The investigators are examining Mr. Giuliani’s efforts to undermine the American ambassador to Ukraine, Marie L. Yovanovitch, one of the people said. She was recalled in the spring as part of Mr. Trump’s broader campaign to pressure Ukraine into helping his political prospects. The investigation…

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Yahoo News reports: The Pentagon was confused. Hundreds of millions of dollars in military aid to Ukraine had been appropriated in late 2018 by Congress, intended to help fend off aggression by neighboring Russia. But well into 2019, as summer was edging toward autumn, the funds had still not moved. Department of Defense officials began to worry that the funds would never make it to Ukraine, since the appropriations would expire with the end of the fiscal year on Sept….

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The New York Times reports: When Rudolph W. Giuliani set out to dredge up damaging information on President Trump’s rivals in Ukraine, he turned to a native of the former Soviet republic with whom he already had a lucrative business relationship. Lev Parnas, a Ukrainian-American businessman with a trail of debts and lawsuits, had known Mr. Giuliani casually for years through Republican political circles. Last year, their relationship deepened when a company he helped found retained Mr. Giuliani — associates…

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Richard L. Hasen writes: The news of Thursday’s indictments of two associates of Rudy Giuliani’s, who according to their lawyer (and former Trump lawyer) John Dowd, assisted Giuliani “in connection with his representation of President Trump” shows that foreign interference in American elections is a feature and not a bug of the Trump campaign and presidency. And the connections to the emerging Ukraine scandal show that the corruption runs deep in this administration. The tale told in Thursday’s unsealed indictment…

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Josh Chafetz writes: Refusal to comply with a duly authorized subpoena from Congress constitutes contempt of Congress. Contempt of Congress is a crime, and there is a mechanism for referring such cases to federal prosecutors. The problem, of course, is that federal prosecutors answer to the attorney general and, through him, to the White House, and they refuse to prosecute contempts committed by executive officials. In recent decades, congressional houses have sought a court order requiring executive officials to comply…

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