Trump attorneys sent confidential memo to Robert Mueller saying the president cannot obstruct justice or be subpoenaed because he is president, dammit!

By |2018-06-03T08:34:39+00:00June 2nd, 2018|Categories: Front Page, News|Tags: , , , , |8 Comments

Well somebody certainly did not study their history.

Courtesy of the NYT:

President Trump’s lawyers have for months quietly waged a campaign to keep the special counsel from trying to force him to answer questions in the investigation into whether he obstructed justice, asserting that he cannot be compelled to testify and arguing in a confidential letter that he could not possibly have committed obstruction because he has unfettered authority over all federal investigations.

In a brash assertion of presidential power, the 20-page letter — sent to the special counsel, Robert S. Mueller III, and obtained by The New York Times — contends that the president cannot illegally obstruct any aspect of the investigation into Russia’s election meddling because the Constitution empowers him to, “if he wished, terminate the inquiry, or even exercise his power to pardon.”

Mr. Trump’s lawyers fear that if he answers questions, either voluntarily or in front of a grand jury, he risks exposing himself to accusations of lying to investigators, a potential crime or impeachable offense.

Mr. Trump’s broad interpretation of executive authority is novel and is likely to be tested if a court battle ensues over whether he could be ordered to answer questions. It is unclear how that fight, should the case reach that point, would play out. A spokesman for Mr. Mueller declined to comment.

Hand-delivered to the special counsel’s office in January and written by two of the president’s lawyers at the time, John M. Dowd and Jay A. Sekulow, the letter offers a rare glimpse into one side of the high-stakes negotiations over a presidential interview.

While it is quite understandable for Trump’s lawyers to want to keep him from testifying, we learned from the Clinton and Nixon cases that he can indeed be charged with obstruction, and can also most certainly be subpoenaed. 

This seems to be, in my opinion, an opening salvo in an ongoing negotiation to get Trump to testify on terms more favorable to him, and it is likely we are being left in the dark as to how that has progressed since this memo was sent. 

But the memo contains a number of other interesting facts as well:

In making their arguments, Mr. Trump’s lawyers also revealed new details about the investigation. They took on Mr. Comey’s account of Mr. Trump asking him privately to end the investigation into Mr. Flynn. Investigators are examining that request as possible obstruction.

But Mr. Trump could not have intentionally impeded the F.B.I.’s investigation, the lawyers wrote, because he did not know Mr. Flynn was under investigation when he spoke to Mr. Comey. Mr. Flynn, they said, twice told senior White House officials in the days before he was fired in February 2017 that he was not under F.B.I. scrutiny.

“There could not possibly have been intent to obstruct an ‘investigation’ that had been neither confirmed nor denied to White House counsel,” the president’s lawyers wrote.

That is interesting because, in the Comey memo, written directly after their meeting, he wrote that Trump referred to the Flynn investigation and asked Comey to “Let this go.”

Oh, according to Trump’s lawyers he was also a hero for ultimately firing Flynn:

They went beyond asserting Mr. Trump’s innocence, casting him as the hero of the Flynn episode and contending that he deserved credit for ordering his aides to investigate Mr. Flynn and ultimately firing him.

“Far, far, from obstructing justice, the only individual in the entire Flynn story that ensured swift justice was the president,” they wrote. “His actions speak louder than any words.”

Damn, that is some serious revisionist history right there. 

Trump had absolutely no plan to fire Flynn, and even “expressed confidence” in is abilities, right up until the White House was notified about a Washington Post story that revealed the campaign had been warned by law enforcement officials that Flynn was vulnerable to blackmail.  

It was only THEN that Flynn got the old heave-ho. 

But wait, there’s more:

The lawyers acknowledged that Mr. Trump dictated a statement to The Times about the 2016 Trump Tower meeting between some of his top advisers and Russians who were said to have damaging information about Hillary Clinton. Though the statement is misleading — in it, the president’s eldest son, Donald Trump Jr., said he met with Russians “primarily” to discuss adoption issues — the lawyers call it “short but accurate.”

Mr. Mueller is investigating whether Mr. Trump, by dictating the comment, revealed that he was trying to cover up proof of the campaign’s ties to Russia — evidence that could go to whether he had the same intention when he took other actions.

The president’s lawyers argued that the statement is a matter between the president and The Times — and the president’s White House and legal advisers have said for the past year that misleading journalists is not a crime.

The argument here is that yes Trump lied to the New York Times but that he has every right to lie to the American people so long as he is not under oath. 

And clearly, it is a right that he exercises with great frequency. 

Well, damn this memo is just chock full of desperation, don’t you think?

Some of it reads as if it were dictated by Trump himself, while other parts seem to be a desperate “throw everything but the kitchen sink” attempt to cover for the things that he has already said publicly. 

It should also be noted that the font used in the memo was Comic Sans, make of that what you will. 

I bet everybody on the Mueller team went around with huge smiles on their faces on the day they received this memo.

I know I would have. 

Update: Take a look at this.

Oh man, somebody definitely stuck their foot in it.

About the Author:

This blog is dedicated to finding the truth, exposing the lies, and holding our politicians and leaders accountable when they fall far short of the promises that they have made to both my fellow Alaskans and the American people.


  1. Anonymous June 2, 2018 at 4:30 pm

    From what I have been reading, it appears that donnie has thrown donnie jr under the bus with this letter because it stated that donnie dictated the statement pertaining to the meeting in trump tower. So donnie jr lied (no big surprise there) to Congress etc when he said daddy wasn’t involved and Donnie lied ( as usual) when he said he knows nothing about this meeting or the “letter” ie excuse the meeting was about adoption.

    Gosh such talented attorneys.

    They can write all they want, trump is delusional if he thinks he is about the law, ask the ghost of Richard M. Nixon!!!

    • Gryphen June 2, 2018 at 4:34 pm

      Ooooh, you’re right. I didn’t catch that.

      Damn, once the family starts turning on each other this thing is going to start to unravel fast.

  2. Anonymous June 2, 2018 at 4:31 pm

    I love how they just couldn’t contain themselves and had to use the old why aren’t you going after Obama and Clinton defense, LOSERS.

  3. Anonymous June 2, 2018 at 4:41 pm

    Bombshell Leaked Memo Shows Why Trump’s Legal Defense Is A Threat To Democracy

    …Trump is arguing a radical and undemocratic notion of executive power
    What Trump’s lawyers were arguing is that the president can terminate any investigation into anything for any reason, or no reason, at any time. In practical terms, this means that Trump is above the law, and constitutionally has the power to end an investigation of himself. No person in this country has this sort of power. What Trump’s lawyers were arguing is that the president is the only person in the United States of America for whom the law does not apply.

    If this argument were to be successful in court, it would set a precedent for unaccountable corruption and illegality in the White House.

    Lawyers Confess Trump Impeachable Offense In Memo To Mueller

    …Trump’s legal team appears to be so desperate to avoid a subpoena and future criminal charges that they are confessing to impeachable offenses to the Special Counsel because they either didn’t understand the ramifications of what they were saying or are in way over their heads. For a president who promised to only hire the best people, Donald Trump has some terrible lawyers, and his legal team has only gotten worse since Rudy Giuliani came aboard.

    The memo itself is loaded with parsed legal views, and in some cases a flat out ignorance of the current law.

    Trump is fighting so hard to win the PR war because, with lawyers like this, the legal battle is already lost.

  4. Anonymous June 2, 2018 at 5:13 pm

    I see his 20 page excuse and raise with a pair of hand cuffs.

  5. anonymous June 3, 2018 at 6:01 am

    ‘“He’s not, but he probably does,” Giuliani replied. “He has no intention of pardoning himself, but that doesn’t say he can’t.”’

  6. Anonymous June 3, 2018 at 6:11 am

    ” January 29, 2018 memo to Special Counsel Robert Mueller: “You have received all of the notes, communications and testimony indicating that the President dictated a short but accurate response to the New York Times article on behalf of his son, Donald Trump, Jr. His son then followed up by making a full public disclosure regarding the meeting, including his public testimony that there was nothing to the meeting and certainly no evidence of collusion.””
    “Don Jr. told Congress in December that he did not communicate with his father about the statement. White House press secretary Sarah Huckabee Sanders claimed in August that the president merely weighed in, “as any father would.””
    “OUR recollection keeps changing, or we’re not even asked a question and somebody makes an assumption.”<Giuliani

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