It appears it is that time once again; time for the monthly Don McGahn singlehandedly saves the Republic news dump via court stenographer Maggie Haberman at The New York Times.
WASHINGTON — President Trump told the White House counsel in the spring that he wanted to order the Justice Department to prosecute two of his political adversaries: his 2016 challenger, Hillary Clinton, and the former F.B.I. director James B. Comey, according to two people familiar with the conversation.
The lawyer, Donald F. McGahn II, rebuffed the president, saying that he had no authority to order a prosecution. Mr. McGahn said that while he could request an investigation, that too could prompt accusations of abuse of power. To underscore his point, Mr. McGahn had White House lawyers write a memo for Mr. Trump warning that if he asked law enforcement to investigate his rivals, he could face a range of consequences, including possible impeachment.
The encounter was one of the most blatant examples yet of how Mr. Trump views the typically independent Justice Department as a tool to be wielded against his political enemies. It took on additional significance in recent weeks when Mr. McGahn left the White House and Mr. Trump appointed a relatively inexperienced political loyalist, Matthew G. Whitaker, as the acting attorney general.
It is unclear whether Mr. Trump read Mr. McGahn’s memo or whether he pursued the prosecutions further. But the president has continued to privately discuss the matter, including the possible appointment of a second special counsel to investigate both Mrs. Clinton and Mr. Comey, according to two people who have spoken to Mr. Trump about the issue. He has also repeatedly expressed disappointment in the F.B.I. director, Christopher A. Wray, for failing to more aggressively investigate Mrs. Clinton, calling him weak, one of the people said.
In his conversation with Mr. McGahn, the president asked what stopped him from ordering the Justice Department to investigate Mr. Comey and Mrs. Clinton, the two people familiar with the conversation said. He did have the authority to ask the Justice Department to investigate, Mr. McGahn said, but warned that making such a request could create a series of problems.
Mr. McGahn promised to write a memo outlining the president’s authorities. In the days that followed, lawyers in the White House Counsel’s Office wrote a several-page document in which they strongly cautioned Mr. Trump against asking the Justice Department to investigate anyone.
The lawyers laid out a series of consequences. For starters, Justice Department lawyers could refuse to follow Mr. Trump’s orders even before an investigation began, setting off another political firestorm.
If charges were brought, judges could dismiss them. And Congress, they added, could investigate the president’s role in a prosecution and begin impeachment proceedings.
Ultimately, the lawyers warned, Mr. Trump could be voted out of office if voters believed he had abused his power.
Mr. Trump’s frustrations about Mr. Comey and Mrs. Clinton were a recurring refrain, a former White House official said. “Why aren’t they going after” them?, the president would ask of Justice Department officials.
Much more at the link.
aaaaand voilà—Matthew Whitaker in July 2016: I would indict Hillary Clinton https://t.co/gAVKMmNFWj (h/t @matthewamiller) https://t.co/HH23mgxN6L
— Natasha Bertrand (@NatashaBertrand) November 20, 2018
Of course, that has always existed somewhat on the right. G. Gordon Liddy and Oliver North didn’t flourish after what should have been career-ending scandals because of their thoughtful contributions to the national discourse.
— Matthew Miller (@matthewamiller) November 20, 2018
Comey is at *the center* of the Russia probe.
Trump not only fired him, and linked the firing to the probe, but then allegedly sought to get Comey prosecuted.
So this new report is right in Mueller's strike zone — he can investigate this as part of alleged obstruction.
— Ari Melber (@AriMelber) November 20, 2018
The news that Trump pushed to prosecute Comey gives you a clue why he is refusing to answer any questions on obstruction. He has more criminal exposure there than we even know, and we know a lot.
— Matthew Miller (@matthewamiller) November 20, 2018
the story emphasizes the extent to which trump is constrained primarily by the people around him (in this case, McGahn), which is why we should all be worried about one Matt Whitaker
— Quinta "Pro Quo" Jurecic (@qjurecic) November 20, 2018
Don McGahn has spent more than 30 hours talking to Mueller's investigators, who are probing whether Trump obstructed justice. https://t.co/k9a0a4jK1m
— Rebecca Ballhaus (@rebeccaballhaus) November 20, 2018
Remember, whatever Don McGahn knows, Mueller knows.
— Ari Melber (@AriMelber) November 20, 2018
Fmr counsel to several state impeachment cases: https://t.co/9HZWa1vDmM
— Ari Melber (@AriMelber) November 20, 2018
We are off the looking glass and through the map!
Open thread.