—
Today’s continuing exploration of the Mueller Report:
Donald Trump and Don McGahn. McGahn was White House Counsel, there to protect the Office of the Presidency — not the Individual abusing that Office.
Here’s a sampling of Trump’s “intentional” and “corrupt” [pg 222] efforts to Obstruct Justice, occuring not long after the Special Counsel was appointed:
[pg 217 - 218]
Efforts to have McGahn deny that the President had ordered him to have the Special Counsel removed. In early 2018, the press reported that the President had directed McGahn to have the Special Counsel removed in June 2017 and that McGahn had threatened to resign rather than carry out the order. The President reacted to the news stories by directing White House officials to tell McGahn to dispute the story and create a record stating he had not been ordered to have the Special Counsel removed. McGahn told those officials that the media reports were accurate in stating that the President had directed McGahn to have the Special Counsel removed. The President then met with McGahn in the Oval Office and again pressured him to deny the reports. In the same meeting, the President also asked McGahn why he had told the Special Counsel about the President's effort to remove the Special Counsel and why McGahn took notes of his conversations with the President. McGahn refused to back away from what he remembered happening and perceived the President to be testing his mettle.
Trump told McGahn “to dispute the story and create a record stating he had not been ordered to have the Special Counsel removed.”
This is a instruction to falsify evidence. It demonstrates “corrupt intent” to Obstruct. Trump knew what he was doing. Trump knew what he was doing was wrong ... (thus the attempt to cover it up).
McGahn knew it was wrong too (illegal) to fire the Special Counsel, merely on Trump’s orders, and McGahn refused to do so. He took detailed notes about it instead.
Trump knew what he was doing was wrong — BUT did he it anyways (or rather repeatedly instructed others to Obstruct [lie, deny, forget]), since Trump himself was so worried about what the Special Counsel would ultimately find:
[pg 290]
Sessions stepped out of the Oval Office to take a call from Rosenstein, who told him about the Special Counsel appointment, and Sessions then returned to inform the President of the news. 503 According to notes written by Hunt, when Sessions told the President that a Special Counsel had been appointed, the President slumped back in his chair and said, "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked." 504 The President became angry and lambasted the Attorney General for his decision to recuse from the investigation, stating, "How could you let this happen, Jeff?" 505
Guilty conscience much, Individual One? (We the American People should be so lucky, that “this was the end” of our long national nightmare) ...
Luckily for Trump, Mueller was far better citizen than Trump will ever be. Robert Mueller followed the Law to the letter (and the current DOJ policy, forbidding presidential indictment):
[pg 394]
IV. CONCLUSION
Because we determined not to make a traditional prosecutorial judgment, we did not draw ultimate conclusions about the President's conduct. The evidence we obtained about the President's actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment. At the same time, if we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, we are unable to reach that judgment. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.
Robert Mueller left that difficult duty to Congress, as the Constitution delegated where that presidential oversight responsibility should reside.
But I suspect most in Congress, will end up being ‘not half the citizen’ that Robert Mueller is either. As they make their best personal decision on the matter, and not their best constitutional decision.
— — —
Prediction:
They will regret “punting” on this. They will regret letting Trump slide.
When Trump runs with his “faux vindication” all the way to a 2020 Re-election.
(With a LOT more GRU help from his autocratic-friends, already baked into the “not my problem” cake.)
—
Technical Note: Even if unsuccessful, “attempted Bank Robberies” — are STILL Crimes — whether the perpetrators get away with it, or not.
[...] Furthermore, anyone who enters or attempts to enter any building used in whole or in part as a bank, credit union, or savings and loan association with the intent to commit any felony affecting such financial institution or any larceny is subject to a fine, twenty years imprisonment or both.
www.justice.gov
It is the “corrupt intent” that matters — not the success, or lack of success, in committing the Crime.
— —