The Russia Investigation
Ty Cobb Out At White House As Another Trump Legal Team Shake Up Signals Possible Change In Strategy
WASHINGTON, May 2, 2018 — White House Press Secretary Sarah Sanders on Wednesday announced the retirement of Ty Cobb, the veteran Washington attorney who has managed the Trump administration’s relationship with Special Counsel Robert Mueller’s office, and the hiring of Emmett Flood, who served on President Bill Clinton’s legal team during impeachment proceedings in 1998.
“Emmet Flood will be joining the White House Staff to represent the President and the administration against the Russia witch hunt,” Sanders said in a statement. “Ty Cobb, a friend of the President, who has done a terrific job, will be retiring at the end of the month.”
Like Cobb, Flood is a veteran attorney who is respected in Washington, DC legal circles. His addition to Trump’s legal team, the possibility of which was reported by The New York Times earlier this year, brings potentially relevant — and difficult to find — experience to the White House legal team. Flood was one of many attorneys who represented then-President Bill Clinton during his impeachment trial. He later served in the White House Counsel’s office under George W. Bush, where he was that office’s point person in dealing with congressional investigations, including the probe into Bush’s decision to dismiss a group of United States attorneys.
As has been the case with many sudden personnel announcements, Sanders said Cobb had been discussing his departure with Chief of Staff John Kelly for “several weeks,” and that Cobb informed Kelly last week that he would, in fact, be leaving the White House, where he has held the title of Special Counsel and served alongside White House Counsel Don McGahn.
Cobb, a respected veteran of beltway legal circles, joined the White House Counsel’s office in July of 2017, two months after Deputy Attorney General Rod Rosenstein appointed former FBI director Robert Mueller to lead the investigation into possible ties between President Donald Trump’s 2016 campaign and the Russian government.
His addition to the White House legal team brought much-needed gravitas and expertise to a White House Counsel’s office lacking in experience dealing with intense federal investigations, as well as an end to media reports questioning whether Trump’s legal team was up to the job of dealing with a prosecutor of Mueller’s caliber.
For a time, Cobb’s strategy of engaging, cooperating and assuring a restless president that the investigation would soon come to an end combined with McGahn’s threats of resignation to restrain Trump from moving to fire the former FBI director or attacking him directly, even as his surrogates waged a scorched-earth public relations campaign to define Mueller’s investigation as a “witch hunt” conducted by a team of Democrats (Mueller is a lifelong Republican).
But President Trump has appeared to grow tired of Cobb’s strategy, as evidenced by his decision to begin attacking Mueller directly via Twitter earlier this year, even as he continues to contemplate the possibility of heading off a grand jury subpoena by voluntarily sitting for a formal interview.
Although Trump once expressed enthusiasm about the idea, which had been a source of tension between him and his legal team which led to the departure of John Dowd, another veteran Washington lawyer who until recently headed up the president’s personal legal team.
While Flood’s name was floated as a possible replacement for Dowd, he will not be serving on Trump’s personal legal team, which is currently led by Jay Sekulow, an experienced civil litigator who moonlights as a talk radio host, and Rudolph Giuliani, the former mayor of New York City who made his political bones as a federal prosecutor. Unlike Flood, however, neither possess any recent experience in criminal law or dealing with complex federal investigations.
Despite the reports of Trump’s frustration with Cobb’s strategy of conciliatory cooperation, a senior administration would not say if such tensions or disagreements on strategy had anything to do with Cobb’s decision to exit at a time when the investigation appears to be moving into a new phase and the president’s rhetoric is becoming increasingly combative.
But in an interview with CBS News, Cobb dismissed the idea that his departure and Flood’s arrival marked a change in strategy for the White House.
“People will think this means we’re going to war but I would not read that into this,” said Cobb, who added that he did not mind being described as a “peacemaker,” and that President Trump had wanted him to stay on.
Cobb explained that the task for which left a lucrative career in private practice was largely completed.
“The key point is all the documents requested by the Special Counsel were produced by late October,” he said. “All the interviews with White House personnel were conducted by late January. The bulk of the work was done. It’s easier for me to leave now.”
The Russia Investigation
Trump Admits Russia Helped Him Get Elected
WASHINGTON, May 30, 2019 — After two and a half years of denying that Russia’s interference in the 2016 election was aimed towards boosting his candidacy, President Trump on Thursday admitted that Russia’s efforts had helped him win the presidency.
“Russia has disappeared because I had nothing to do with Russia helping me to get elected. It was a crime that didn’t exist,” Trump wrote during a Thursday morning tweetstorm meant to frame counter-narrative to the declaration by former Special Counsel Robert Mueller that his team could not say the President did not obstruct justice by firing former FBI Director James Comey or by directing associates to order Mueller’s firing.
Mueller ended roughly two years of silence on Wednesday — his last day at the Justice Department — with a dramatic public statement revealing that his team had not been permitted to consider whether Trump violated the law because of a longstanding DOJ policy forbidding the indictment of a sitting chief executive.
“Charging the president with a crime was therefore not an option we could consider,” Mueller said, adding later that the Constitution “requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing.”
Trump’s statement that he “had nothing to do with Russia helping [him] get elected” is the first time he has ever acknowledged that either the massive social media disinformation campaign or the theft of emails from the Democratic National Committee and members of Hillary Clinton’s campaign team — and their distribution through third parties like WikiLeaks — played a role in his election.
But as he departed the White House en route to the Air Force Academy’s graduation ceremony, Trump went back on the attack against Mueller by repeating a number of baseless claims about alleged “conflicts of interest” that should have made the former FBI director ineligible for the Special Counsel position.
“Robert Mueller should have never been chosen because he wanted the FBI job and didn’t get it,” Trump said, repeating a false claim he has repeatedly made concerning a visit Mueller made to the White House in 2017, shortly before then-Deputy Attorney General Rod Rosenstein appointed him to investigate Russia’s interference in the 2016 election.
Despite Trump’s frequent claim that Mueller had asked to interview for the job he’d held from 2001 through 2013, page 293 of the Mueller Report describes how White House Chief Strategist Steve Bannon “recalled that the White House had invited Mueller to speak to the President to offer a perspective on the institution of the FBI.”
According to the report, Bannon told investigators that “although the White House thought about beseeching Mueller to become Director again, he did not come in looking for the job.”
Trump also attacked Mueller for not looking into a wide range of conspiracy theories involving former FBI Director James Comey, ex-Deputy Director Andrew McCabe, former FBI Agent Peter Strzok and former FBI attorney Lisa Page before suggesting Mueller was a “total conflicted person” who harbored political bias against him and his presidency “I think Mueller is a true ‘Never Trumper,’ he’s someone that dislikes Donald Trump,” he said.
When asked about his tweet that seemed to acknowledge Russia’s role in his 2016 win, he immediately began an attempt to walk back what he had tweeted earlier that day before suggesting — without evidence — that Russia’s efforts to boost his candidacy had instead helped “the other side” and equating unfavorable press coverage with a state-sponsored effort to sway another country’s election.
“You know who helped me get elected? I got me elected,” he said, pointing a finger at his chest. “Russia didn’t help me at all.”
However, one person who has acknowledged Russia’s role is Russian President Vladimir Putin. During a joint news conference with Trump at the two leaders’ summit in Helsinki, Finland, Putin was asked if he had wanted Trump to win and directed any actions to further that goal.
“Yes, I did.”
The Russia Investigation
Mueller Says Charging Trump ‘Not An Option’ Under DOJ Rules: ‘The Constitution Requires A Process Other Than The Criminal Justice System’
WASHINGTON, May 29, 2019 — After more than two years of silence, Special Counsel Robert Mueller on Wednesday said that his office could not say “with confidence” that President Trump did not violate laws against obstructing justice, but charging him with violating them was “not an option” because Justice Department policy precludes indicting a sitting chief executive for a federal crime.
“If we had had confidence that the president clearly did not commit a crime, we would have said so. We did not,” Mueller said, directly contradicting claims of “no obstruction” made by both Attorney General William Barr and President Trump himself.
Instead, Mueller explained that his office was constrained by a legal opinion authored by the Justice Department’s Office of Legal Counsel, which concludes that indicting a sitting president would be unconstitutional.
“Under longstanding department policy, a president president cannot be charged with a federal crime while he is in office,” Mueller said.
“Charging the president with a crime was therefore not an option we could consider.”
In a clear nod toward Congress’ power to impeach and remove a chief executive for “high crimes and misdemeanors,” Mueller explained that the Constitution “requires a process other than the criminal justice system to formally accuse a sitting president of wrongdoing.”
Mueller’s refutation of Barr’s claims that Trump did not obstruct justice came nearly two years to the day he was named as Special Counsel by then-Deputy Attorney General Rod Rosenstein.
Rosenstein appointed Mueller, a lifelong Republican who served in senior positions in the Justice Department during the the Reagan, George H.W. Bush, and Clinton administrations before serving as FBI Director under Presidents George W. Bush and Barack Obama, following Trump’s firing of Mueller’s successor as FBI Director, James Comey.
In a letter sent to inform Comey of his termination, Trump cited a memorandum by Rosenstein which criticized Comey’s handling of the investigation of former Secretary of State Hillary Clinton’s use of a private email server.
But Rosenstein decided to appoint Mueller as a Special Counsel after Trump told NBC’s Lester Holt that he’d fired Comey because of the FBI investigation into whether Trump or members of campaign had any involvement with Russia’s interference in the 2016 election.
Mueller described that interference campaign as consisting of “multiple systematic attempts” by individuals currently under indictment.
“That allegation [of interference] deserves the attention of every American,” he said.
Trump immediately brushed off Mueller’s refutation of his claim to have been exonerated by the report in a tweet which blatantly misstated what Mueller had said moments before.
“Nothing changes from the Mueller Report. There was insufficient evidence and therefore, in our Country, a person is innocent. The case is closed!” Trump tweeted.
Other Trump associates weighed in shortly after, echoing the same claims Trumpworld figures have made since the Mueller Report’s release while largely ignoring Mueller’s statement emphasizing the fact that Trump could not be charged with a crime and that impeachment was the only constitutionally-permissible way to address wrongdoing by a President under DOJ rules.
“Special Counsel Robert Mueller’s remarks today confirmed what we already knew. There was no collusion between the Russians and the Trump campaign, and there was no case for obstruction,” Trump 2020 Campaign Manager Brad Parscale said in an emailed statement.
“President Trump has been fully and completely exonerated. Mueller said his investigation is over. The case is now closed.”
Another statement posted to Twitter by White House Press Secretary Sarah Huckabee Sanders closely tracked Parscale’s language and repeated some of the same baseless claims about what Mueller and his report had said.
“The Special Counsel has completed the investigation, closed his office, and has closed the case,” Sanders wrote in a tweet. “The report was clear — there was no collusion, no conspiracy — and the Justice Department confirmed there was no obstruction.”
“After two years, the Special Counsel is moving on with his life, and everyone else should do the same.”
But Mueller’s statement did not support Parscale’s and Sanders’ assertions that there had been insufficient evidence to charge the President with obstruction of justice.
In his remarks, Mueller only noted that there had not been sufficient evidence to charge Trump or any of his associates with conspiring alongside any participants in Russia’s efforts to interfere with the election, while his report detailed numerous instances of Trump campaign officials meeting with Russian nationals and promoting material that Russia had stolen from the Democratic National Committee and Clinton campaign officials.
While Trumpworld dismissed Mueller’s remarks as nothing new, the sole Republican to speak out in favor of the House launching an impeachment inquiry, Rep. Justin Amash, R-Mich., reacted to Mueller’s nod toward Congress’ impeachment powers in a tweet posted shortly after the Special Counsel concluded his statement.
“The ball is in our court, Congress,” he wrote.
The Russia Investigation
Mueller To Break Silence With Statement On Russia Investigation
WASHINGTON, May 29, 2019 — Special Counsel Robert Mueller will deliver a statement on his investigation into Russia’s interference in the 2016 election, the Justice Department said in a statement Thursday.
Mueller, who was director of the Federal Bureau of Investigation from 2001 through 2013, has not spoken publicly since then-Deputy Attorney General Rod Rosenstein appointed him as a Justice Department Special Counsel in May 2017.
His remarks are set to begin at 11:00 am, though the Justice Department said Mueller will not take questions afterward.
A senior Trump administration official said the White House was notified of Mueller’s intention to speak last night, and that the administration would withhold comment until after he has concluded his remarks.
As White House communications staffers began what one press aide described as a “half-hour meeting,” Press Secretary Sarah Huckabee Sanders revealed that President Trump is “aware” of Mueller’s impending statement and was monitoring the situation
Sanders had no comment on whether Trump would speak following Mueller’s remarks or on whether the White House been briefed on what Mueller plans to say.
This is a developing story — check back for details.