Getting the facts out isn’t as hard as they think
by digby
Jerry Nadler said yesterday that the Democrats need to get the facts out (since people are obviously not going to read the Mueller report.)
The LA Times Virginia Heffernan tweeted this simple way to get them out:
Schiff, a Democrat, presents the facts in Vol. I. No one, not even Trump, disagrees with these facts. They’re empirical. They’re nonpartisan. And then he asks you what you think. Thumbs up or thumbs down. Very simple, very open. That’s Vol I.
And then in the second video a group of bipartisan former federal prosecutors (representing nearly 1000 in total)—some Republican appointees and some Democratic ones—tell you in their professional opinion what they concluded based on the facts in Vol. II.
Cathy Garnaat was doing the work of a motivated citizen. Earlier this week, the 69-year-old Michigander went to a town hall featuring Rep. Justin Amash (R-Mich.) — a highly publicized event at which the congressman defended his call for impeachment proceedings against President Trump. He is the only Republican to do so.
Volume II of the Mueller report, which lays out 11 instances of possible obstruction of justice by Trump, forms the basis of Amash’s position on impeachment — even though special counsel Robert S. Mueller III found that the evidence didn’t establish an underlying conspiracy crime of campaign collusion with Russia. “Obstruction of justice is more relevant when there is no charge in the underlying crime,” said Amash to a critic at the town hall, according to a report by NBC News.
NBC News quoted Garnaat as follows:
Cathy Garnaat, a Republican who supported Amash and the president said she was upset about Amash’s position but wanted to hear his reasoning. She said that she will definitely support Trump in 2020 but that Tuesday night was the first time she had heard that the Mueller report didn’t completely exonerate the president.
“I was surprised to hear there was anything negative in the Mueller report at all about President Trump. I hadn’t heard that before,” she said. “I’ve mainly listened to conservative news and I hadn’t heard anything negative about that report and President Trump has been exonerated.”
In search of a bit more detail, the Erik Wemple Blog rang up Garnaat on Thursday. “I usually watch Fox News,” Garnaat told us, noting that she doesn’t tune in every night. That’s not all, however: She’ll occasionally check in with MSNBC and other outlets. “I just mainly like to focus on Fox [News],” particularly its evening fare, with Sean Hannity and other prime-time mainstays.
Explaining how she came to attend the town hall, Garnaat said this about coverage of the Mueller findings: “What I had heard about Trump in watching conservative news is that there wasn’t any foul play by him, nothing in the bad range,” she said. Indeed, Hannity said this on Fox News in the hours following the release of the redacted Mueller report, “The witch hunt is officially over. The Mueller report is out. And the president of the United States has been totally and completely vindicated.” Garnaat says it’s possible that she merely “missed” a show or segment in which the president’s exposure for obstruction was discussed.
Then she heard that Amash favored impeachment proceedings. “I was shocked and, frankly, ready to throw in the towel on Amash, but wanted to hear his side of the story. After I heard him speak I said, ‘I need to look into this myself. I need to read the Mueller report, especially the second volume,’ ” said Garnaat, who owns and manages rental housing. (Full disclosure: The Erik Wemple Blog sent Garnaat a link to the document.)
There’s a reason Garnaat tunes in to Fox News: She’s conservative and Christian, she says, and she doesn’t find her views represented well on other outlets. “I want to hear that side of the story, too, not just the liberal side. Fox News does bring in other points of view, but I do like the point of view that the moderators take,” she says. “I think liberals like to watch liberal news and conservatives like to watch conservative news. A person gravitates toward what he believes and trusts.”
Another aspect of Fox News prime-time programming is the demonization of the mainstream media. And at the Amash event, Garnaat came face to face with some of these people, as the New York Times, NBC News and MLive.com all quoted her comments. “I must look like middle America to all the news people,” says Garnaat, who was pleased with the coverage of the event. The reporters, she says, were “all very nice in the interviews. They weren’t trying to get me riled up or trying to get me to slant anything. I, frankly, was very surprised. I just thought there would be more trying to be slanted by the news people.”
If you want a concise written explanation of what Mueller found, here’s what Justin Amash has written on twitter over several days:
Here are my principal conclusions:
1. Attorney General Barr has deliberately misrepresented Mueller’s report.
2. President Trump has engaged in impeachable conduct.
3. Partisanship has eroded our system of checks and balances.
4. Few members of Congress have read the report.
I offer these conclusions only after having read Mueller’s redacted report carefully and completely, having read or watched pertinent statements and testimony, and having discussed this matter with my staff, who thoroughly reviewed materials and provided me with further analysis.
In comparing Barr’s principal conclusions, congressional testimony, and other statements to Mueller’s report, it is clear that Barr intended to mislead the public about Special Counsel Robert Mueller’s analysis and findings.
Barr’s misrepresentations are significant but often subtle, frequently taking the form of sleight-of-hand qualifications or logical fallacies, which he hopes people will not notice.
Under our Constitution, the president “shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” While “high Crimes and Misdemeanors” is not defined, the context implies conduct that violates the public trust.
Contrary to Barr’s portrayal, Mueller’s report reveals that President Trump engaged in specific actions and a pattern of behavior that meet the threshold for impeachment.
In fact, Mueller’s report identifies multiple examples of conduct satisfying all the elements of obstruction of justice, and undoubtedly any person who is not the president of the United States would be indicted based on such evidence.
Impeachment, which is a special form of indictment, does not even require probable cause that a crime (e.g., obstruction of justice) has been committed; it simply requires a finding that an official has engaged in careless, abusive, corrupt, or otherwise dishonorable conduct.
While impeachment should be undertaken only in extraordinary circumstances, the risk we face in an environment of extreme partisanship is not that Congress will employ it as a remedy too often but rather that Congress will employ it so rarely that it cannot deter misconduct.
Our system of checks and balances relies on each branch’s jealously guarding its powers and upholding its duties under our Constitution. When loyalty to a political party or to an individual trumps loyalty to the Constitution, the Rule of Law—the foundation of liberty—crumbles.
We’ve witnessed members of Congress from both parties shift their views 180 degrees—on the importance of character, on the principles of obstruction of justice—depending on whether they’re discussing Bill Clinton or Donald Trump.
Few members of Congress even read Mueller’s report; their minds were made up based on partisan affiliation—and it showed, with representatives and senators from both parties issuing definitive statements on the 448-page report’s conclusions within just hours of its release.
America’s institutions depend on officials to uphold both the rules and spirit of our constitutional system even when to do so is personally inconvenient or yields a politically unfavorable outcome. Our Constitution is brilliant and awesome; it deserves a government to match it.
People who say there were no underlying crimes and therefore the president could not have intended to illegally obstruct the investigation—and therefore cannot be impeached—are resting their argument on several falsehoods:
1. They say there were no underlying crimes.
In fact, there were many crimes revealed by the investigation, some of which were charged, and some of which were not but are nonetheless described in Mueller’s report.
2. They say obstruction of justice requires an underlying crime.
In fact, obstruction of justice does not require the prosecution of an underlying crime, and there is a logical reason for that. Prosecutors might not charge a crime precisely *because* obstruction of justice denied them timely access to evidence that could lead to a prosecution.
If an underlying crime were required, then prosecutors could charge obstruction of justice only if it were unsuccessful in completely obstructing the investigation. This would make no sense.
3. They imply the president should be permitted to use any means to end what he claims to be a frivolous investigation, no matter how unreasonable his claim.
In fact, the president could not have known whether every single person Mueller investigated did or did not commit any crimes.
4. They imply “high Crimes and Misdemeanors” requires charges of a statutory crime or misdemeanor.
In fact, “high Crimes and Misdemeanors” is not defined in the Constitution and does not require corresponding statutory charges. The context implies conduct that violates the public trust—and that view is echoed by the Framers of the Constitution and early American scholars.
Mueller’s report describes a consistent effort by the president to use his office to obstruct or otherwise corruptly impede the Russian election interference investigation because it put his interests at risk.
The president has an obligation not to violate the public trust, including using official powers for corrupt purposes. For instance, presidents have the authority to nominate judges, but a president couldn’t select someone to nominate because they’d promised the president money.
This principle extends to all the president’s powers, including the authority over federal investigations, federal officials, and pardons.
President Trump had an incentive to undermine the investigation into Russian interference in the 2016 election, which included investigating contacts between Russia and the Trump campaign.
The investigation threatened to uncover information, including criminal activity, that could put Trump’s interests at risk. Ultimately, the investigation did uncover very unflattering information about the president, his family, his associates, his campaign, and his business.
It also revealed criminal activities, some of which were committed by people in Trump’s orbit and, in the case of Michael Cohen’s campaign finance violation, on Trump’s behalf.
The investigation began before the president was elected and inaugurated. After Trump assumed the powers of the presidency, Mueller’s report shows that he used those powers to try to obstruct and impede the investigation.
Some excuse Trump’s conduct based on allegations of issues with the investigation, but no one disputes the appropriateness of investigating election interference, which included investigating contacts between the Trump campaign and people connected to the Russian government.
Some examples in Mueller’s report of the president’s obstructing and impeding the investigation include:
Mueller’s report describes a consistent effort by the president to use his office to obstruct or otherwise corruptly impede the Russian election interference investigation because it put his interests at risk.
The president has an obligation not to violate the public trust, including using official powers for corrupt purposes. For instance, presidents have the authority to nominate judges, but a president couldn’t select someone to nominate because they’d promised the president money.
This principle extends to all the president’s powers, including the authority over federal investigations, federal officials, and pardons.
President Trump had an incentive to undermine the investigation into Russian interference in the 2016 election, which included investigating contacts between Russia and the Trump campaign.
The investigation threatened to uncover information, including criminal activity, that could put Trump’s interests at risk. Ultimately, the investigation did uncover very unflattering information about the president, his family, his associates, his campaign, and his business.
It also revealed criminal activities, some of which were committed by people in Trump’s orbit and, in the case of Michael Cohen’s campaign finance violation, on Trump’s behalf.
The investigation began before the president was elected and inaugurated. After Trump assumed the powers of the presidency, Mueller’s report shows that he used those powers to try to obstruct and impede the investigation.
Some excuse Trump’s conduct based on allegations of issues with the investigation, but no one disputes the appropriateness of investigating election interference, which included investigating contacts between the Trump campaign and people connected to the Russian government.
Some examples in Mueller’s report of the president’s obstructing and impeding the investigation include:
1. Trump asked the FBI director to stop investigating Michael Flynn, who had been his campaign adviser and national security adviser, and who had already committed a crime by lying to the FBI.
2. After AG Sessions recused himself from the Russian investigation on the advice of DoJ ethics lawyers, Trump directly asked Sessions to reverse his recusal so that he could retain control over the investigation and help the president.
3. Trump directed the White House counsel, Don McGahn, to have Special Counsel Mueller removed on the basis of pretextual conflicts of interest that Trump’s advisers had already told him were “ridiculous” and could not justify removing the special counsel.
4. When that event was publicly reported, Trump asked that McGahn make a public statement and create a false internal record stating that Trump had not asked him to fire the special counsel, and suggested that McGahn would be fired if he did not comply.
5. Trump asked Corey Lewandowski, his former campaign manager, to tell AG Sessions to limit the special counsel’s investigation only to future election interference. Trump said Lewandowski should tell Sessions he was fired if he would not meet with him.
6. Trump used his pardon power to influence his associates, including Paul Manafort and Michael Cohen, not to fully cooperate with the investigation.
Trump, through his own statements—such as complaining about people who “flip” and talk to investigators—and through communications between his personal counsel and Manafort/Cohen, gave the impression that they would be pardoned if they did not fully cooperate with investigators.
Manafort ultimately breached an agreement to cooperate with investigators, and Cohen offered false testimony to Congress, including denying that the Trump Tower Moscow project had extended to June 2016 and that he and Trump had discussed traveling to Russia during the campaign.
Both men have been convicted for offering false information, and Manafort’s lack of cooperation left open some significant questions, such as why exactly he provided an associate in Ukraine with campaign polling data, which he expected to be shared with a Russian oligarch.
Some of the president’s actions were inherently corrupt. Other actions were corrupt—and therefore impeachable—because the president took them to serve his own interests.
The president has authority to fire federal officials, direct his subordinates, and grant pardons, but he cannot do so for corrupt purposes; otherwise, he would always be allowed to shut down any investigation into himself or his associates, which would put him above the law.
Attorney General Barr has deliberately misrepresented key aspects of Mueller’s report and decisions in the investigation, which has helped further the president’s false narrative about the investigation
After receiving Mueller’s report, Barr wrote and released a letter on March 24 describing Barr’s own decision not to indict the president for obstruction of justice. That letter selectively quotes and summarizes points in Mueller’s report in misleading ways.
Mueller’s report says he chose not to decide whether Trump broke the law because there’s an official DoJ opinion that indicting a sitting president is unconstitutional, and because of concerns about impacting the president’s ability to govern and pre-empting possible impeachment.
Barr’s letter doesn’t mention those issues when explaining why Mueller chose not to make a prosecutorial decision. He instead selectively quotes Mueller in a way that makes it sound—falsely—as if Mueller’s decision stemmed from legal/factual issues specific to Trump’s actions.
But, in fact, Mueller finds considerable evidence that several of Trump’s actions detailed in the report meet the elements of obstruction, and Mueller’s constitutional and prudential issues with indicting a sitting president would preclude indictment regardless of what he found.
In noting why Barr thought the president’s intent in impeding the investigation was insufficient to establish obstruction, Barr selectively quotes Mueller to make it sound as if his analysis was much closer to Barr’s analysis than it actually was:
Barr quotes Mueller saying the evidence didn’t establish that Trump was personally involved in crimes related to Russian election interference, and Barr then claims that Mueller found that fact relevant to whether the president had the intent to obstruct justice.
But Mueller’s quote is taken from a section in which he describes other improper motives Trump could have had and notes: “The injury to the integrity of the justice system is the same regardless of whether a person committed an underlying wrong.” None of that is in Barr’s letter.
As a result of Barr’s March 24 letter, the public and Congress were misled. Mueller himself notes this in a March 27 letter to Barr, saying that Barr’s letter “did not fully capture the context, nature, and substance of this Office’s work and conclusions.”
Mueller: “There is now public confusion about critical aspects of the results of our investigation. This threatens to undermine a central purpose for which the Department appointed the Special Counsel: to assure full public confidence in the outcome of the investigations.”
To “alleviate the misunderstandings that have arisen,” Mueller urged the release of the report’s introductions and executive summaries, which he had told Barr “accurately summarize [Mueller’s] Office’s work and conclusions.”
Barr declined; he allowed the confusion to fester and only released the materials three weeks later with the full redacted report. In the interim, Barr testified before a House committee and was misleading about his knowledge of Mueller’s concerns:
Barr was asked about reports “that members of [Mueller’s] team are frustrated…with the limited information included in your March 24th letter, that it does not adequately or accurately necessarily portray the report’s findings. Do you know what they’re referencing with that?”
Barr absurdly replied: “No, I don’t…I suspect that they probably wanted more put out.” Yet Mueller had directly raised those concerns to Barr, and Barr says he “suspect[s]” they “probably” wanted more materials put out, as if Mueller hadn’t directly told him that.
In subsequent statements and testimony, Barr used further misrepresentations to help build the president’s false narrative that the investigation was unjustified.
Barr notes that Mueller did not “find any conspiracy to violate U.S. law involving Russia-linked persons and any persons associated with the Trump campaign.” He then declares that Mueller found “no collusion” and implies falsely that the investigation was baseless.
But whether there’s enough evidence for a conviction of a specific crime which Mueller thought was appropriate to charge is a different and much higher standard than whether the people whom Mueller investigated had done anything worthy of investigation.
In truth, Mueller’s report describes concerning contacts between members of Trump’s campaign and people in or connected to the Russian government.
For instance, Trump Jr., Paul Manafort, and Jared Kushner took a meeting with a Russian lawyer whom Trump Jr. had been told worked for the Russian government and would provide documents to “incriminate Hillary,” as part of the Russian government’s “support for Mr. Trump.”
It’s wrong to suggest that the fact that Mueller did not choose to indict anyone for this means there wasn’t a basis to investigate whether it amounted to a crime or “collusion,” or whether it was in fact part of Russia’s efforts to help Trump’s candidacy.
Barr says the White House “fully cooperated” with the investigation and that Mueller “never sought” or “pushed” to get more from the president, but the report says Mueller unsuccessfully sought an interview with the president for over a year.
The report says the president’s counsel was told that interviewing him was “vital” to Mueller’s investigation and that it would be in the interest of the public and the presidency. Still Trump refused.
The president instead gave written answers to questions submitted by the special counsel. Those answers are often incomplete or unresponsive. Mueller found them “inadequate” and again sought to interview the president.
Ultimately, the special counsel “recogniz[ed] that the President would not be interviewed voluntarily” and chose not to subpoena him because of concerns that the resulting “potentially lengthy constitutional litigation” would delay completion of the investigation.
Barr has so far successfully used his position to sell the president’s false narrative to the American people. This will continue if those who have read the report do not start pushing back on his misrepresentations and share the truth.
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