Attention to the Unseen

Michael Avenatti writes: Sol Wachtler, a former chief judge of the New York State Court of Appeals, once famously remarked that grand juries were so easily swayed that they would “indict a ham sandwich” if a prosecutor requested it. Many times, there is truth to this. But an indictment does not end the process of determining guilt or innocence. It begins it. Following indictment, criminal defendants can question the validity of the charges, the methods used to acquire the evidence…

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The Atlantic reports: Bruce Ohr. Lisa Page. Andrew Weissman. Andrew McCabe. President Trump has relentlessly attacked these FBI and Justice Department officials as dishonest “Democrats” engaged in a partisan “witch hunt” led by the special counsel determined to tie his campaign to Russia. But Trump’s attacks have also served to highlight another thread among these officials and others who have investigated his campaign: their extensive experience in probing money laundering and organized crime, particularly as they pertain to Russia. As…

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The New York Times reports: When a lawyer for one of Russia’s most powerful reputed crime bosses arrived at F.B.I. headquarters one day around 2006, he wanted to cut a deal. The Russian, Semion Y. Mogilevich, had been indicted three years earlier by the department on charges of defrauding a company outside Philadelphia out of $150 million and could not travel for fear of arrest. As the lawyer made his pitch, a supervising F.B.I. agent and a senior career Justice…

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Noah Feldman writes: In essence, by making [Michael] Cohen say he acted at Trump’s direction, the Southern District [of New York] declared war on the president. Then there’s the Weisselberg immunity grant. Although the reporting so far indicates that Weisselberg’s deal was limited to testimony about Cohen’s conduct, it seems likely prosecutors have bigger things in mind. To convict Cohen, the Southern District didn’t need the CFO’s testimony. There was already plenty of documentary evidence against Cohen. And Cohen’s guilt…

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Dylan Matthews writes: The conventional wisdom is that even if Trump committed federal crimes, only Congress can address that wrongdoing by impeaching him. The prevailing view, embraced by the Justice Department’s Office of Legal Counsel and many legal academics, is that the president is immune from routine criminal prosecution by someone like a US attorney or a local district attorney. He could be charged for wrongdoing as president after leaving office, but not until after impeachment and removal, or resignation….

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Anne Applebaum writes: “Don’t worry, the institutions will stop him.” Or: “Don’t worry, he hasn’t done any real damage yet, the institutions have stopped him.” How many times have you heard some version of this analysis since the election of President Trump? Sometimes, the speaker is an optimist, someone with faith in the U.S. Constitution. Sometimes, the speaker is a skeptic, someone who dislikes the alleged “hysteria” of those who think Trump’s corrupt habits, autocratic language and authoritarian behavior are…

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Forbes reports: A multimillion-dollar lawsuit has been quietly making its way through the New York State court system over the last three years, pitting a private equity manager named David Storper against his former boss: Secretary of Commerce Wilbur Ross. The pair worked side by side for more than a decade, eventually at the firm, WL Ross & Co.—where, Storper later alleged, Ross stole his interests in a private equity fund, transferred them to himself, then tried to cover it…

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Lisa Blatt writes: Sometimes a superstar is just a superstar. That is the case with Judge Brett Kavanaugh, who had long been considered the most qualified nominee for the Supreme Court if Republicans secured the White House. The Senate should confirm him. I have argued 35 cases before the Supreme Court, more than any other woman. I worked in the Solicitor General’s Office for 13 years during the Clinton, Bush and Obama administrations. Because I am a liberal Democrat and…

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Murray Waas writes: Previously undisclosed evidence in the possession of Special Counsel Robert Mueller—including highly confidential White House records and testimony by some of President Trump’s own top aides—provides some of the strongest evidence to date implicating the president of the United States in an obstruction of justice. Several people who have reviewed a portion of this evidence say that, based on what they know, they believe it is now all but inevitable that the special counsel will complete a…

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The Boston Globe reports: Federal air marshals have begun following ordinary US citizens not suspected of a crime or on any terrorist watch list and collecting extensive information about their movements and behavior under a new domestic surveillance program that is drawing criticism from within the agency. The previously undisclosed program, called “Quiet Skies,” specifically targets travelers who “are not under investigation by any agency and are not in the Terrorist Screening Data Base,” according to a Transportation Security Administration…

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The New York Times reports: When Brett M. Kavanaugh came before the Judiciary Committee in May 2006 for his nomination to be an appeals court judge, senators pressed him on his role in President George W. Bush’s use of signing statements to claim the power to bypass new laws — like a much-disputed assertion the previous December that he could override a ban on torture. Judge Kavanaugh, who at the time was the White House staff secretary, acknowledged handling draft…

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Garrett M Graff writes: When the history books are written, Rod Rosenstein might just be the most interesting figure of the Russia investigation—the beleaguered deputy attorney general whose memo in his first days on the job was used to justify the firing of James Comey. After that he quickly appointed Robert Mueller as the special counsel and spent the following year supervising his investigation while under immense pressure from President Trump and congressional wolves seeking to undermine his credibility, even…

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