obstruction of justice

A Very Interesting Question

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A child walks past a graffiti depicting Russian President Vladimir Putin and Republican presidential candidate Donald Trump on the walls of a bar in the old town in Vilnius, Lithuania, 14 May 2016. (Photo by Mindaugas Kulbis/AP Photo)

Yes, that Jack Goldsmith, for Lawfare:

One puzzle that deepens with Mike Schmidt’s New York Times story on “Trump’s Struggle to Keep [a] Grip on [the] Russia Investigation” is why Deputy Attorney General Rod Rosenstein has not recused himself from overseeing the Mueller investigation.

In short, before the Schmidt story, we knew that Rosenstein was intimately involved in the president’s decision to fire Comey. Rosenstein’s memo was used as a pretext to fire Comey;Rod Rosenstein is shown during his confirmation hearing to become deputy attorney general on 7 March 2017. (Photo: J. Scott Applewhite/Associated Press) Rosenstein knew that the president wanted to fire Comey; and he read the Bedminster draft before he wrote his own memorandum.

In this light, it has been very puzzling for a while why Rosenstein does not have a conflict of interest in the Mueller investigation. The Washington Post reported unequivocally that Mueller’s investigation includes “whether President Trump attempted to obstruct justice,” including, as a central issue, in his firing of Comey. Rosenstein was in the middle of that firing. He possesses information about the president’s beliefs and motives in firing Comey, and quite possibly a personal interest in how those beliefs and motives are construed, since he appeared to many to have been used by the president (and was reportedly very angry about it). Rosenstein would thus would very likely be a fact witness in any obstruction inquiry in connection with the Comey firing. It is hard to understand why he did not have a conflict of interest the moment Mueller’s investigation turned to obstruction in the firing of Comey.

File under, he might have a point, y’know.

Just sayin’.

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Image notes: Top —A child walks past a graffiti depicting Russian President Vladimir Putin and Republican presidential candidate Donald Trump on the walls of a bar in the old town in Vilnius, Lithuania, 14 May 2016. (Photo by Mindaugas Kulbis/AP Photo)  Right — Rod Rosenstein is shown during his confirmation hearing to become deputy attorney general on 7 March 2017. (Photo: J. Scott Applewhite/Associated Press)

Barrett, Devlin, Adam Entous, Ellen Nakashima, and Sari Horwitz. “Special counsel is investigating Trump for possible obstruction of justice, officials say”. The Washington Post. 14 June 2017.

Goldsmith, Jack. “Why Hasn’t Rod Rosenstein Recused Himself from the Mueller Investigation?” Lawfare. 5 January 2018.

Schmidt, Michael S. “Obstruction Inquiry Shows Trump’s Struggle to Keep Grip on Russia Investigation”. The New York Times. 4 January 2018.

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The Trump Hole (Emergent)

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President Donald Trump's personal attorney Marc Kasowitz delivers a statement to the press in Washington, D.C., 8 June 2017. (Photo: Jim Watson/AFP)

The sitcom pace of benchmark headlines sometimes means the effort of retort requires falling behind the story. Or, you know, there is a professional class, and say what we will about that. More directly, Steve Benen makes a certain point about the life and times of the Trump administration:

Kasowitz’s plan to go after Comey by way of the Justice Department’s Inspector General’s office is itself more troubling than Comey’s actions. First, the IG’s office isn’t equipped to launch investigations into private citizens. And second, as Richard Painter, the top ethics lawyer in the Bush/Cheney administration, noted this morning, trying to get the Justice Department to target a material witness—in this case, the former director of the FBI—only adds to the concerns about Team Trump trying to obstruct justice.

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Ineffable Incompetence (Meddle Mix)

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A child walks past a graffiti depicting Russian President Vladimir Putin and Republican presidential candidate Donald Trump on the walls of a bar in the old town in Vilnius, Lithuania, 14 May 2016. (Photo by Mindaugas Kulbis/AP Photo)

The lede from Adam Entous and Ellen Nakashima for the Washington Post:

President Trump asked two of the nation’s top intelligence officials in March to help him push back against an FBI investigation into possible coordination between his campaign and the Russian government, according to current and former officials.

And, you know, maybe the theme this week will be something about wondering who is actually surprised. Last week, after all, seemed to focus on President Trump’s apparent inability to not insist on his own impeachment.

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