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The Impeachment of President Donald J. Trump

Excerpt from Day 722

Atty James Baker has been pretty informative about what went down in Justice Dept…He was the one who spoke with Benjamin Wittes a few months back and said the Obstruction was the collusion.

I like what I hear from him.

Here’s the previous link from January Day 722

Lawfare Blog Benjamin Wittes poses a further question about whether the fact that the President sought to obstruct the Russian Investigation, via firing of Comey, which sent the FBI into another investigation about the President…is indeed at the core of what Mueller must be looking for.

Just as it’s title suggests -

What if the Obstruction Was the Collusion? On the New York Times’s Latest Bombshell

Wittes had discussions w/ Michael Schmidt NYT and had a long interview for former FBI lawyer James Baker, who said the investigation is about…“It was about Russia. It was always about Russia. Full stop.”

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Topic header has been updated.

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More on the Baker testimony from Politico

Under questioning in 2018 from a Democratic committee lawyer, Baker described numerous officials who were distressed that the president may have obstructed justice when he fired FBI Director James Comey in May 2017. Baker said he had personal concerns and that they were shared by not just top FBI brass but within other divisions and at the Justice Department as well.

[…]

“The leadership of the FBI, so the acting director … The heads of the national security apparatus, the national security folks within the FBI, the people that were aware of the underlying investigation and who had been focused on it,” Baker said, running through a list of officials he said were worried that the president may have fired Comey to hinder the Russia investigation.

Baker said other FBI executives informed him that Justice Department officials raised concerns about obstruction by Trump as well.

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https://www-m.cnn.com/2019/04/10/politics/barr-doj-investiation-fbi-russia/index.html?r=https%3A%2F%2Fwww.cnn.com%2F

Attorney General William Barr told lawmakers Wednesday that he will be looking to the “genesis” of the the FBI’s counterintelligence investigation into potential ties between members of Donald Trump’s presidential campaign and the Russian government began in 2016, saying, “I think spying on a political campaign is a big deal” – echoing some of the more inflammatory claims lobbed by President Donald Trump for months, but declining to elaborate on his concerns.

"I think spying did occur," Barr said, though he declined to provide the basis for his concern. "The question is whether it was . . . adequately predicated."

The news will likely be viewed as a welcome development to the President, who has regularly called for an investigation and, as recently as last week, told reporters more should be done to examine the origins of the Russia probe.

https://youtu.be/qUPsNgmXR7M

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More from the Baker testimony

James Baker, the former top lawyer of the FBI, said senior bureau officials — including at least one deemed to be free of anti-Trump bias — discussed the possibility in May 2017 that President Donald Trump had fired FBI Director James Comey “at the behest of” the Russian government.

In testimony to two Republican-led committees last October, Baker described mounting concerns that crystallized in the frantic days after the FBI director’s ouster, days that were punctuated by Trump’s on-air declaration that he fired Comey because of the Russia probe and his chummy Oval Office meeting with senior Russian officials, at which he reportedly trashed Comey as a “nut job.”

Baker described a discussion in those turbulent days that he had with Andrew McCabe — who became acting FBI director after Comey’s departure — and the bureau’s top counterintelligence official Bill Priestap, as well as top national security official Carl Ghattas. He also said it was possible that bureau attorney Lisa Page and counterintelligence agent Peter Strzok — whose anti-Trump text messages have drawn attention from Trump and Republicans — attended the meeting as well.

“So there was — there was a discussion between those folks, possibly all of the folks that you’ve identified, about whether or not President Trump had been ordered to fire Jim Comey by the Russian government?” asked Rep. John Ratcliffe (R-Texas), one of the committee members interviewing Baker.

“I wouldn’t say ordered. I guess I would say … acting at the behest of and somehow following directions, somehow executing their will,” he said. “[A]nd so literally an order or not, I don’t know.”

[…]

Mueller examined whether Trump attempted to obstruct the probe, and Baker’s testimony provides a window into the FBI’s view of that question in the immediate days following Comey’s firing. Mueller, according to a limited excerpt revealed by Barr, declined to reach a “traditional prosecutorial judgment” on whether Trump obstructed justice, but Mueller’s analysis has not been revealed.

Baker said the discussion among the top officials was meant to discuss the range of possibilities behind Trump’s firing of Comey. Acting at Russia’s urging “was one extreme,” he said.

“The other extreme is that the president is completely innocent, and we discussed that too,” Baked noted. “And so — and then you have things in the middle. And so —— so that was how it came up. There’s a range of things this could possibly be. We need to investigate, because we don’t know whether, you know, the worst-case scenario is possibly true or the president is totally innocent and we need to get this thing over with — and so he can move forward with his agenda.”

“The leadership of the FBI, so the acting director … the heads of the national security apparatus, the national security folks within the FBI, the people that were aware of the underlying investigation and who had been focused on it,” Baker said, running through a list of officials he said were worried that the president might have fired Comey to hinder the Russia investigation.

Baker said other FBI executives informed him that Justice Department officials raised concerns about obstruction by Trump as well.

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@matt is this separate from the IG investigation that will come out later this year?

More Barr testimony today

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The Treasury Department and the Internal Revenue Service will not meet House Democrats’ deadline to turn over President Trump’s past tax returns by Wednesday, escalating what will likely culminate in a legal battle in the investigation into the president’s personal and business finances.

In a letter to House Ways and Means Committee Chairman Richard Neal, D-Mass., Treasury Secretary Steven Mnuchin writes that he needs more time to consult with the Department of Justice given the “unprecedented nature of this request.”

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Carl Kline will appear before the House Oversight Committee April 23 to explain why he overturned security clearances for the White House.

A former White House official accused of overturning denials of security clearance during the Trump administration will appear before the House Oversight Committee on April 23, his lawyer told the panel in a letter Wednesday, despite his counsel’s pleas to postpone his testimony.

Carl Kline, who served as the White House personnel security director during the first two years of the Trump administration, will appear for the deposition as part of the panel’s long-standing investigation into security clearances under President Trump. The committee subpoenaed Kline in early April after a whistleblower in his office, Tricia Newbold, alleged that the White House was acting recklessly with the nation’s secrets by granting security clearances to individuals whom employees like her found unworthy.

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Top Democrats send letter to Barr questioning his independence

Top Democrats in both the Senate and House sent a letter to Attorney General Bill Barr on Thursday reiterating their demands for him to release the full, unredacted Mueller report to Congress — while also condemning him for comments he made on Wednesday suggesting that intelligence officials “spied” on the Trump campaign in 2016.

“[W]e would be remiss not to express profound concern about your comments before the Senate Appropriations Committee regarding your apparent view of the investigation into Russia’s interference in the 2016 election. Your testimony raises questions about your independence, appears to perpetuate a partisan narrative designed to undermine the work of the Special Counsel, and serves to legitimize President Trump’s dangerous attacks on the Department of Justice and the FBI.”

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I will note that this letter includes all the Democrats in the Gang of Eight as well as the chairman of the Judiciary Committee and DiFi who is on the Senate Intel Committee.

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The Democratic chairman of the U.S. House Ways and Means Committee on Saturday set a new April 23 deadline for the Internal Revenue Service to comply with his request for six years of President Donald Trump’s personal and business tax returns.

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Oh, interesting tidbit here,

The issue also arises as House Republicans on another committee sent the Justice Department another criminal referral — this one for Trump’s former personal lawyer Michael Cohen. Reps. Jim Jordan (R-Ohio) and Mark Meadows (R-N.C.), two of Trump’s closest allies in Congress, sent their own referral to the Justice Department for Trump’s former personal attorney Michael Cohen, who they accused of lying to the committee during testimony last month.

Criminal referrals are ill-defined requests for investigation that don’t carry any official weight with prosecutors, except in rare circumstances. Officials on various House investigative committees described the process as a loose, informal request that prosecutors typically treat as glorified press releases. They only matter, committee officials emphasized, if lawmakers have exclusive evidence to back it up — such as a confidential interview transcript or documents obtained during a congressional investigation.

Apart from this unwritten process, the House has no formal mechanism to refer anyone for criminal investigation except through a contempt proceeding, which would require a vote of the full chamber.

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Three House committee chairmen are requesting documents related to the administration’s proposal to release immigrants into so-called sanctuary cities in part to retaliate against Democrats in a letter sent to the White House and Department of Homeland Security.

"These reports are alarming. Not only does the administration lack the legal authority to transfer detainees in this manner, it is shocking that the President and senior Administration officials are even considering manipulating release decisions for purely political reasons," the letter from House Democratic Reps. Jerry Nadler, Elijah Cummings and Bennie Thompson states.

The lawmakers request emails between White House officials and DHS officials, communication between DHS officials, along with documents, memorandum, and other materials from between November 1, 2018, and April 15.

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:boom::boom::boom:

The Justice Department expects to release on Thursday a redacted version of special counsel Robert S. Mueller III’s report on President Trump, his associates and Russia’s interference in the 2016 election, setting the stage for further battles in Congress over the politically explosive inquiry.

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Bipartisanship between Nunes and Schiff? :flushed:Whatever, just get the report already…

The top two members of the House intelligence committee have said Special Counsel Robert Mueller “must” brief them on his investigation, according to a letter obtained by The Daily Beast.

The letter, signed by Democratic Chairman Adam Schiff and Republican Ranking Member Rep. Devin Nunes, was sent on March 27, shortly after Attorney General Bill Barr released a short letter summarizing Mueller’s findings. They sent it to Barr, FBI Director Chris Wray, and Deputy Attorney General Rod Rosenstein.

The letter asked for Mueller and other senior members of his team to brief the committee on their work. It also asked for all the materials Mueller gathered during his probe: “all materials, regardless of form and classification, obtained or produced by the Special Counsel’s Office in the course of the investigation, including but not limited to any addenda or annexes to the full report, or separate intelligence or counterintelligence-related reports; scope-related materials regarding the investigation’s parameters, areas of inquiry, and subjects; investigative records and materials,” as well as raw reporting and finished analysis related to his work.

Update: here’s copy of that letter

https://www.politico.com/f/?id=0000016a-2233-da8e-adfa-2a7382360000

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Deutsche Bank received a subpoena Monday afternoon from the House Intelligence and Financial Services committees, according to a person familiar with the matter.

The full scope of the subpoena could not be determined. The subpoena is seeking information about loans Deutsche Bank gave to President Donald Trump and the Trump Organization.

Deutsche has about $300 million in loans extended to the Trump Organization. The German lender is one of the few large banks willing to do business with the real estate developer.

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This falls into the same category…Deutsche Bank’s upcoming investigation is going to unveil more of their money laundering operations…as seen in this Guardian Article

Germany’s troubled Deutsche Bank faces fines, legal action and the possible prosecution of “senior management” because of its role in a $20bn Russian money-laundering scheme, a confidential internal report seen by the Guardian says.

The bank admits there is a high risk that regulators in the US and UK will take “significant disciplinary action” against it. Deutsche concedes that the scandal has hurt its “global brand” – and is likely to cause “client attrition”, loss of investor confidence and a decline in its market value.

Deutsche Bank was embroiled in a vast money-laundering operation, dubbed the Global Laundromat. Russian criminals with links to the Kremlin, the old KGB and its main successor, the FSB, used the scheme between 2010 and 2014 to move money into the western financial system. The cash involved could total $80bn, detectives believe.

Over two decades, Trump borrowed more than $2bn from Deutsche. In 2008, he defaulted on a $45m loan repayment and sued the bank. Its private wealth division in New York subsequently loaned Trump a further $300m – a move that bemused insiders and which has yet to be fully explained.

In recent years, the bank has had a series of bruising encounters with international regulators. Between 2011 and 2018, it paid $14.5bn in fines, with exposure to dubious Russian money a regular theme.

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U.S. House of Representatives Judiciary Committee Chairman Jerrold Nadler, a Democrat, issued a subpoena to the Justice Department for Attorney General William Barr to hand over the full report by Mueller by May 1, saying he cannot accept a redacted version released on Thursday that “leaves most of Congress in the dark.”

“My committee needs and is entitled to the full version of the report and the underlying evidence consistent with past practice. The redactions appear to be significant. We have so far seen none of the actual evidence that the Special Counsel developed to make this case,” Nadler said in a statement.

The report provided extensive details on Trump’s efforts to thwart Mueller’s investigation, giving Democrats plenty of political ammunition against the Republican president but no consensus on how to use it.

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The committee has yet to set an official date for Mueller to come in, but Chairman Jerry Nadler (D-N.Y.) has indicated he wants Mueller to testify no later than May 23.

Committee officials said the Justice Department confirmed receiving Nadler’s request. Attorney General William Barr told reporters Thursday that he has no objection to Mueller testifying before Congress. Barr is scheduled to testify before the committee on May 2.

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