Attention to the Unseen

Garrett M Graff writes: While popular memory today remembers Watergate as five DNC burglars leading inexorably to Richard Nixon’s resignation two years later, history recalls that the case and special prosecutor’s investigation at the time was much broader; ultimately 69 people were charged as part of the investigation, 48 of whom pleaded guilty or were found guilty at trial. After three weeks of back-to-back-to-back-to-back bombshells by federal prosecutors and special counsel Robert Mueller, it’s increasingly clear that as 2018 winds…

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The Washington Post reports: Two years after Donald Trump won the presidency, nearly every organization he has led in the past decade is under investigation. Trump’s private company is contending with civil suits digging into its business with foreign governments and with looming state inquiries into its tax practices. Trump’s 2016 campaign is under scrutiny by special counsel Robert S. Mueller III, whose investigation into Russian interference has already led to guilty pleas by his campaign chairman and four advisers….

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George T. Conway III, Trevor Potter and Neal Katyal write: Last week, in their case against Michael Cohen, federal prosecutors in New York filed a sentencing brief concluding that, in committing the felony campaign-finance violations to which he pleaded guilty, Cohen had “acted in coordination with and at the direction of Individual-1,” President Trump. And this week, prosecutors revealed that they had obtained an agreement from AMI, the parent company of the National Enquirer, in which AMI admitted that it,…

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The New York Times reports: The latest revelations by prosecutors investigating President Trump and his team draw a portrait of a candidate who personally directed an illegal scheme to manipulate the 2016 election and whose advisers had more contact with Russia than Mr. Trump has ever acknowledged. In the narrative that the special counsel, Robert S. Mueller III, and New York prosecutors are building, Mr. Trump continued to secretly seek to do business in Russia deep into his presidential campaign…

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Benjamin Wittes writes: It is better to have an attorney general nominated by the president and confirmed by the Senate in an undoubtedly legal fashion than to have an acting attorney general serving in circumstances of dubious legality. It is better to have an attorney general who is steeped in the traditions and culture of the Justice Department than to have an acting attorney general who is understood at the department to be operating as the “eyes and ears” of…

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Barry Berke, Noah Bookbinder and Norman Eisen write: On Friday, federal prosecutors in Manhattan and the special counsel, Robert Mueller, delivered a potentially devastating one-two punch against President Trump. Coming late in the day, they made for bracing end-of-the-week reading. Calling on the court to impose a sentence of substantial imprisonment against Michael Cohen, the president’s former personal attorney, prosecutors in the Southern District of New York stated that Mr. Trump, the Trump Organization and the campaign were all directly…

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Garrett M Graff writes: We are deep into the worst case scenarios. But as new sentencing memos for Trump associates Paul Manafort and Michael Cohen make all too clear, the only remaining question is how bad does the actual worst case scenario get? The potential innocent explanations for Donald Trump’s behavior over the last two years have been steadily stripped away, piece by piece. Special counsel Robert Mueller and investigative reporters have uncovered and assembled a picture of a presidential…

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The Washington Post reports: Late Friday, the U.S. attorney for the Southern District of New York filed a document arguing that Michael Cohen, until last year President Trump’s personal attorney, should receive a substantial prison sentence for violations of federal law to which Cohen admitted guilt in August. The document went further than simply articulating the punishment the government believes Cohen should receive. It also fleshed out two of those charges in particular, related to violations of campaign finance laws…

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Mikhaila Fogel and Benjamin Wittes write: “Today is the first day I actually thought Donald Trump might not finish his term in office,” said the legal commentator Jeffrey Toobin on CNN last Thursday. “This is the beginning of the end for Trump,” declared Neal Katyal, a former acting solicitor general, on MSNBC. “The deal may be among the biggest news in the nearly 18-month investigation,” wrote Barry Berke, Noah Bookbinder, and Norman Eisen in The New York Times. It happens…

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Peter Zeidenberg writes: It appears that the Mueller investigation is reaching its endgame. After a two-month hiatus for the midterms, special counsel Robert Mueller’s team is prepared to once again show its work. These developments are ominous for President Donald Trump. In short order, expect to see a case of conspiracy to interfere with the 2016 election to be laid out in court. Defenders of the president have, despite the obvious progress of the Mueller investigation — more than 30…

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The Washington Post reports: President Trump took to Twitter Monday morning, haranguing special counsel Robert S. Mueller III and witnesses to his ongoing Russia investigation. His tweets have become a common morning occurrence, particularly in recent weeks. But legal experts are calling Monday’s missives a newsworthy development that amounts to evidence of obstructing justice. Trump’s first statement went out after Michael Cohen, his former personal attorney who pleaded guilty last week for lying to Congress about the president’s real estate…

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The Miami Herald reports: Long before #MeToo became the catalyst for a women’s movement about sexual assault — and a decade before the fall of Harvey Weinstein, Bill Cosby and U.S. Olympic gymnastics doctor Larry Nassar — there was Jeffrey Edward Epstein. Epstein, a multimillionaire hedge fund manager whose friends included a constellation of entertainers, politicians, business titans and royalty, for years lured teenage girls to his Palm Beach mansion as part of a cult-like sex pyramid scheme, police in…

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The Miami Herald reports: Jeffrey Edward Epstein appeared at his sentencing dressed comfortably in a blue blazer, blue shirt, jeans and gray sneakers. His attorney, Jack Goldberger, was at his side. At the end of the 68-minute hearing, the 55-year-old silver-haired financier — accused of sexually abusing dozens of underage girls — was fingerprinted and handcuffed, just like any other criminal sentenced in Florida. But inmate No. W35755 would not be treated like other convicted sex offenders in the state…

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Harry Litman writes: Tuesday’s revelation that the president had ordered his White House counsel to prosecute Hillary Clinton and James Comey illustrates the fragility of even apparently bedrock political norms in the Age of Trump. The story prompted a new level of stunned outrage among Trump critics, even those already jaded by the president’s weekly onslaughts against the rule of law. Former Department of Justice officials in particular responded with variants of “He’s got to be kidding.” But others claimed…

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Politico reports: Supreme Court Chief Justice John Roberts and President Donald Trump took swipes at each other Wednesday in an extraordinary exchange over just how partisan federal courts really are. Roberts said Wednesday morning there are no “Obama judges or Trump judges” after the president attacked the judge who ruled against his attempt to restrict asylum seekers at the border earlier this week. “We do not have Obama judges or Trump judges, Bush judges or Clinton judges,” Roberts said in…

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