John Dean was White House counsel too

John Dean was White House counsel too

by digby

It’s pretty clear who has been behind the leaks over the past year and a half that make Don McGahn look very heroic. There’s only one person who would have so much to gain by it. Here’s the latest:

The White House counsel, Donald F. McGahn II, has cooperated extensively in the special counsel investigation, sharing detailed accounts about the episodes at the heart of the inquiry into whether President Trump obstructed justice, including some that investigators would not have learned of otherwise, according to a dozen current and former White House officials and others briefed on the matter.

In at least three voluntary interviews with investigators that totaled 30 hours over the past nine months, Mr. McGahn described the president’s furor toward the Russia investigation and the ways in which he urged Mr. McGahn to respond to it. He provided the investigators examining whether Mr. Trump obstructed justice a clear view of the president’s most intimate moments with his lawyer.

Among them were Mr. Trump’s comments and actions during the firing of the F.B.I. director, James B. Comey, and Mr. Trump’s obsession with putting a loyalist in charge of the inquiry, including his repeated urging of Attorney General Jeff Sessions to claim oversight of it. Mr. McGahn was also centrally involved in Mr. Trump’s attempts to fire the special counsel, Robert S. Mueller III, which investigators might not have discovered without him.

For a lawyer to share so much with investigators scrutinizing his client is unusual. Lawyers are rarely so open with investigators, not only because they are advocating on behalf of their clients but also because their conversations with clients are potentially shielded by attorney-client privilege, and in the case of presidents, executive privilege.

“A prosecutor would kill for that,” said Solomon L. Wisenberg, a deputy independent counsel in the Whitewater investigation, which did not have the same level of cooperation from President Bill Clinton’s lawyers. “Oh my God, it would have been phenomenally helpful to us. It would have been like having the keys to the kingdom.”

Mr. McGahn’s cooperation began in part as a result of a decision by Mr. Trump’s first team of criminal lawyers to collaborate fully with Mr. Mueller. The president’s lawyers have explained that they believed their client had nothing to hide and that they could bring the investigation to an end quickly.

Mr. McGahn and his lawyer, William A. Burck, could not understand why Mr. Trump was so willing to allow Mr. McGahn to speak freely to the special counsel and feared Mr. Trump was setting up Mr. McGahn to take the blame for any possible illegal acts of obstruction, according to people close to him. So he and Mr. Burck devised their own strategy to do as much as possible to cooperate with Mr. Mueller to demonstrate that Mr. McGahn did nothing wrong.

It is not clear that Mr. Trump appreciates the extent to which Mr. McGahn has cooperated with the special counsel. The president wrongly believed that Mr. McGahn would act as a personal lawyer would for clients and solely defend his interests to investigators, according to a person with knowledge of his thinking.

In fact, Mr. McGahn laid out how Mr. Trump tried to ensure control of the investigation, giving investigators a mix of information both potentially damaging and favorable to the president. Mr. McGahn cautioned to investigators that he never saw Mr. Trump go beyond his legal authorities, though the limits of executive power are murky.

Mr. McGahn’s role as a cooperating witness further strains his already complicated relationship with the president. Though Mr. Trump has fought with Mr. McGahn as much as with any of his top aides, White House advisers have said, both men have benefited significantly from their partnership.
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Mr. McGahn has overseen two of Mr. Trump’s signature accomplishments — stocking the federal courts and cutting government regulations — and become a champion of conservatives in the process.

But the two rarely speak one on one — the White House chief of staff, John F. Kelly, and other advisers are usually present for their meetings — and Mr. Trump has questioned Mr. McGahn’s loyalty. In turn, Mr. Trump’s behavior has so exasperated Mr. McGahn that he has called the president “King Kong” behind his back, to connote his volcanic anger, people close to Mr. McGahn said.

This account is based on interviews with current and former White House officials and others who have spoken to both men, all of whom requested anonymity to discuss a sensitive investigation.

Oh Don, you’re such a great guy.

And your boss is really, really dumb isn’t he?

McGahn has been covering his ass from the beginning. One imagines he’s been safe from reprisals  because the GOP backs him for their court packing project which, at this point, is their only serious  strategy for future survival. This latest coming at a time of peak Trump hysteria will test how much clout Mitch McConnell and the federalist society really has with Trump.

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