Wednesday, 2 May 2018

In first TV appearance as Trump’s new lawyer, Giuliani makes serious legal error – ThinkProgress

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On Wednesday night, former New York Mayor Rudy Giuliani sat for an interview with Sean Hannity in his first major TV appearance as President Trump’s lawyer.


It did not go well.


Giuliani offered a new — and contradictory — explanation for why Trump fired Comey. This is problematic when the goal of Trump’s lawyers is to provide Mueller with a consistent, and legal, explanation for the firing.


Early in the interview, Giuliani said that Trump fired James Comey as FBI director because “Comey would not — among other things — say that he wasn’t a target of the investigation.” Giuliani said Trump was “entitled to that.” 



Giuliani’s statement not only confirms that Comey was fired because he refused to publicly clear Trump in the Russia investigation, but also directly contradicts two other explanations for Comey’s firing offered by Trump.


According to Giuliani, Trump told NBC’s Lester Holt in an interview shortly after Comey’s firing that “I did it because I felt I had to explain to the American people that their president was not the target of the investigation.” 



That is not, however, what Trump told Holt. Trump told Holt that he fired Comey because of his frustration with the existence of the entire Russia investigation, which he believed was an excuse concocted by Democrats who lost the election. (Comey was a Republican appointed as FBI director by George W. Bush.)


And in fact when I decided to just do it I said to myself, I said, “You know, this Russia thing with Trump and Russia is a made-up story, it’s an excuse by the Democrats for having lost an election that they should’ve won.”


In the interview with Holt, Trump did not mention Comey’s refusal to state publicly that he was not a target of the investigation.


Trump’s answer in the Holt interview, in turn, contradicted the official explanation for Comey’s firing. Officially, Trump fired Comey for the reasons laid out in a memo written by Deputy Attorney General Rod Rosenstein. The memo criticizes Comey’s handling of the Hillary Clinton email investigation. Specifically, Rosenstein said Comey was too harsh to Clinton and should not have criticized her publicly when he announced that charges would not be filed.


On Hannity, Giuliani made the exact opposite argument.


Hillary, I know you’re very disappointed you didn’t win. But you’re a criminal. Equal justice would mean you should go to jail,” Giuliani said. 


It’s a well-received talking point on Sean Hannity’s show on Fox News. But Giuliani’s failure to tell a consistent story, particularly about Comey’s firing, could create much bigger problems for Trump down the road.












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Trump to Add Clinton Impeachment Lawyer Emmet Flood to Replace Ty Cobb

Trump to Add Clinton Impeachment Lawyer Emmet Flood to Replace Ty Cobb
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It was not clear what prompted Mr. Flood to sign on. The president’s legal team for the special counsel investigation has been marked by turnover and uncertain strategy, complicated by a client liable to dismiss his lawyers’ advice. That factor prompted Mr. Trump’s lead lawyer on the case, John Dowd, to quit this year. Rudolph W. Giuliani, the former mayor of New York who is a longtime confidant of the president, has come on board pledging to negotiate an interview for the president with the special counsel.

Emerging as part of those negotiations, a set of questions from the special counsel, Robert S. Mueller III, shows that he wanted to quiz Mr. Trump on an exhaustive array of subjects, including his contacts with Russia as well as his mind-set leading up to and during a number of acts that could construe an attempt to obstruct the inquiry itself.

Mr. Flood was part of a team of lawyers who represented Mr. Clinton during his impeachment proceedings. Though he did not have a high-profile role, Mr. Flood did attend the Senate’s deposition of Mr. Clinton’s lawyer and confidant, Vernon E. Jordan Jr.

He was also the lead lawyer in the White House Counsel’s Office during George W. Bush’s second term in dealing with congressional investigations, including the examination of the Bush administration’s decision to dismiss seven United States attorneys. In private practice, Mr. Flood represented former Vice President Dick Cheney.



Mr. Cobb arrived at the White House last summer as some of Mr. Trump’s friends and advisers encouraged the president to fire Mr. Mueller. Mr. Cobb feared that the special counsel was on the verge of issuing subpoenas demanding documents and testimony from White House aides, a move that could have locked the administration in a contentious court fight it was certain to lose. Instead, he repeatedly declared the White House to be in “full cooperation mode.”

He said publicly that the White House had no interest in firing Mr. Mueller, and told friends privately that he would not remain in the administration if Mr. Trump moved to fire the special counsel.

“There is not and will not be any consideration of terminating the special counsel, Bob Mueller,” Mr. Cobb said in an interview in October. “I think the path that he chose of trying to minimize conflict and maximize cooperation is one that benefits the country.”

Mr. Cobb’s hiring appeared to have a soothing effect on the president last year. He repeatedly assured Mr. Trump and the public that the Mueller investigation would end quickly — first by Thanksgiving, then by the start of the new year. Whether that was wishful thinking or an effort to calm an irascible president, Mr. Cobb’s prediction proved incorrect.


Behind the scenes, as Mr. Cobb rushed to turn over records to Mr. Mueller, his relationship soured with the White House counsel, Donald F. McGahn II, who thought Mr. Cobb should have more thoroughly reviewed documents and been willing to assert executive privilege. Mr. Cobb in turn thought that Mr. McGahn’s early response to the investigation had been too slow, bringing the White House to the verge of a subpoena.

Mr. Cobb, a longtime white-collar defense lawyer, was not a supporter of the Trump campaign and never viewed himself as part of that team. He has donated money to both Republicans and Democrats and supported Jeb Bush for president in the 2016 election.

He joked that he had “rocks in his head” as he took the job, and told friends that he expected to stay at the White House only as long as it took to turn over all the information to Mr. Mueller and arrange staff interviews with prosecutors. That job is nearly complete, with only Mr. Trump’s interview with prosecutors still being negotiated.

As for Mr. Flood, he has already had a whiff of the drama that follows Mr. Trump. Following a New York Times report in March that Mr. Trump was in discussions to hire Mr. Flood, the president attacked the article and one of the reporters who wrote it.

Continue reading the main story


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