Diversion

DIVERSION TACTICS FROM THE INVESTIGATION

The Trump Administration’s response to all accusations is complete denial…followed by Offensive action placing blame or creating a media storm about anyone they can: Obama, Clinton, Sanders, Intelligence, etc.

Cover-ups, excuses, denials swamp Trump camp: Rachel Maddow reviews just some of the many cover stories presented by members of the Donald Trump administration and/or campaign about contacts with Russians that were later shown to be false.  September 12, 2017

SUSAN RICE & UNMASKING: The first incident was the Susan Rice “Unmasking” scandal, which resulted in Devin Nunes recusing himself from the Investigation. It was also an early public indicator of recorded conversations between the Trump Campaign and Sergey Kislyak.

STRONG RESPONSE TO SYRIAN CHEMICAL ATTACK: Who supplied the chemical weapons? It seemed like excellent timing to illustrate the US was standing up to Russia.

OBAMA WIRETAPPING ACCUSATIONS:  As it turns out, FISA court orders WERE issued, but Trump the accuser would be at risk of being recorded if he were speaking with people under investigation. Once again, he pointed the finger and it comes back to him and his associates talking to Russians under investigation.

BERNIE SANDERS’ WIFE UNDER INVESTIGATION Hopefully no wrongdoing will be found. It is another pointed finger at someone accused of that which Trump and his associates have similarly done.

BLAMING OBAMA FOR NOT ALERTING THE PUBLIC TO RUSSIAN INTERFERENCE IN THE ELECTION

(Trump’s Lawyer) Jay Sekulow: Obama Should Be “Held Accountable” For The “Soft Coup” Against Trump ZeroHedge.com February 19, 2017

LORETTA LYNCH AND CLINTON EMAILS

Chaffetz: Justice watchdog also looking at Lynch’s role in FBI’s Clinton email probe  Fox News June 24, 2017

“Utah GOP Rep. Jason Chaffetz, chairman of House oversight committee, said Saturday that the Justice Department’s inspector general’s office, in addition to a Senate panel, is looking into whether former Attorney General Loretta Lynch tried to squash the FBI’s Hillary Clinton email investigation.”

COUNTER-ATTACKING FORMER FBI DIRECTOR JAMES COMEY

Comey facing ‘three-pronged legal attack’ after Kasowitz’s detailed investigation  Fox News

ATTACKING “MORNING JOE” HOSTS AND TRUMP PUNCHING CNN IN WRESTLING VIDEO

While the first direct evidence of the Trump Campaign’s collusion with the Russian hackers was revealead (GOP Operative worked for Mike Flynn to obtain Hillary’s missing 33,000 emails by contacting at least 2 Russian hacker groups), and simultaneously Trump was calling for 32 million people to lose healthcare by repealing the ACA, concurrent with Trump defunding the agency tasked (Election Assistance Commission) with protecting our election systems, Trump attacked Mika from “Morning Joe” with Tweets, lying about her “Bleeding from her face”, and then r_The_Donald created a video of Trump beating up CNN to shore up more support generated by Trump fans appreciating his lack of good taste with Mika.

“Before it made it to President Donald Trump’s Twitter account, a now-infamous video of the leader beating a man with the CNN logo transplanted over his face wound its way through Reddit — and appeared to have been created by a redditor with a history of openly racist posts.

The GIF appears to have first been posted to Reddit’s /r/the_donald board just a few days ago by user HanAssholeSolo, where it quickly accrued nearly 9,000 upvotes as of Sunday afternoon.” MIC


1) I don’t claim here to have inside knowledge. What I can say is I’m an attorney and there’s only *one* possible “pardon strategy” here.

(2) First, understand a POTUS *cannot pardon himself*. The reason? A president with self-pardoning power is a dictator. And this is America.

(3) So I am telling you now that no Supreme Court in U.S. history, even the current right-leaning one, would allow Trump to pardon himself.

(4) (But I’ll say this: a POTUS claiming self-pardoning power is declaring he can *ignore* SCOTUS. IOW, Trump would have to risk civil war.)

(5) (Before you get too nervous: don’t. Congress—if only to protect itself—would impeach Trump before he could create that kind of crisis.)

(6) Okay, so what Trump and his attorneys are now considering is whether, how, and when Trump can pardon his Russia-scandal CO-CONSPIRATORS.

(7) As to the presidential pardon power, it’s not at all clear the law would distinguish—in this scenario—between family and non-family.

(8) There *may* be categories of offense which—if committed by family and pardoned—could raise constitutional issues. That’s not this case.

(9) This case is one in which what’s alleged is a straight-up criminal conspiracy involving—or even not involving—hostile foreign elements.

(10) Okay, so here’s where it gets really nefarious: legally speaking, Trump has a huge benefit here that no one has yet discussed publicly.

(11) Under the DOJ regulation that authorized Mueller as Special Counsel, Mueller is charged with delivering a *single* referral to the DOJ.

(12) That referral—a report—would list any criminal offenses Mueller had determined could be brought against Trump.

(13) The DOJ would then decide how/when to send the report to Congress for its further action (basically, possible impeachment proceedings).

(14) Under the regulation it’s not clear whether Mueller *can* issue any reports—or even any indictments—prior to sending that DOJ referral.

(15) The reason is that Mueller is really the *investigator* here, but if there’s to be a prosecution, it’s supposed to be from the DOJ.

(16) This seems clear from both the regulation and Rosenstein’s appointment letter—Mueller, investigate this and then get back to me at DOJ.

(17) And here’s why that matters: because it means we may not know who Trump’s co-conspirators are UNTIL THE VERY END OF THE INVESTIGATION.

(18) So back to Trump: he can pardon who he wants—besides himself—but SCOTUS would likely try to block him pardoning NAMED CO-CONSPIRATORS.

(19) You may already see why that is: because when you pardon co-conspirators, you are pardoning YOURSELF. Which—as we’ve said—is illegal.

(20) (You’re pardoning YOURSELF because you are potentially undermining—fatally—any criminal prosecution that could be brought against you.)