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Don McGahn - subpoenaed 4/22/2019

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Posted on April 22 2019

 

SUBPOENA MONDAY-funday

  

Before we jump down the subpoena-hole, you might find this August 2018 CNN segment about how much McGahn cooperated with the Special Counsel...

 

McGahn 30 hours...no Trump debrief

 

House Judiciary Chairman Nadler subpoenas Don McGahn. The House Judiciary May 7th for Documents (See below) and May 21st for Oral Testimony 

The Exhibits are somewhat duplicative of the previous House OverSight Letter and Document production from last month.

Remember that Don McGahn spent 30 hours with the Special Counsel’s Office. In Volume II Of the Special Counsel’s Report, which solely focused on Trump’s Obstructive Behavior. 

In early March, the President told White House Counsel Donald McGahn to stop Sessions from recusing. And after Sessions announced his recusal on March 2, the President expressed anger at the decision and told advisors that he should have an Attorney General who would protect him. That weekend, the President took Sessions aside at an event and urged him to "unrecuse."

 

The Mueller report goes on to meticulously detail the series of events that occurred shortly after the DAG appointment of a Special Counsel.

 

On June 17, 2017, the President called McGahn at home and directed him to call the Acting Attorney General and say that the Special Counsel had conflicts of interest and must be removed. McGahn did not carry out the direction , however, deciding that he would resign rather than trigger what he regarded as a potential Saturday Night Massacre.

 

 

This was originally reported by the NYTs in January 2018 and later widely reported by most reputable news outlets. Yet Trump and those closest to him continued to lie and gas light us by saying this was “fake news”, turns out the NYTs, Washington Post and ABC had it right and it was Trump spreading the fake news:

 

 

When McGahn threatened to resign, Trump then asked Corey Lewandowski to have him push then Attorney General Sessions to “un-recuse himself” and when that didn’t work Trump went back to McGahn...and then Trump used his Twitter Account to publicly humiliate AG Sessions. 

 

As evident by Trump’s own Twitter archive, he used his Twitter account to engage in a protracted public humiliation of Jeff Sessions’. This archive link will take you to the 30+ painfully torturous complicated relationship between Trump and Jeff.

 

 

 

The Shakespearean tragedy here is then Senator Jeff Sessions was the very first person to full throat endorse Trump. In February of 2016 Sessions made his endorsement public and thus propelled Trump into “legitimacy”. Talk about Caligula meets Brutus. All due to the fact that Sessions followed the DOJ’s career ethics determination that he needed to recuse himself. Thus ushering in the most tortured protracted smear campaign. Apparently being ethical is something completely lost on Trump. Thus giving way to a green light to humiliate Sessions in the most backstabbing and cringe worthy way. I don’t even like the elf but I actually felt sorry for him. Trump stabbed Sessions in the front, repeatedly. What’s worse is I’m pretty sure Trump reveled in his public attacks of Sessions.

 

 

 

Returning back to McGahn, even after two close advisors to Trump refused to carry out his orders, he continued to pressure McGahn

 

One incredibly underreported aspect of Special Counsel’s Report Volume II is this particular section, which reads in part:

The President's counsel raised statutory and constitutional defenses to a possible obstruction-of-justice analysis of the conduct we investigated. We concluded that none of those legal defenses provided a basis for declining to investigate the facts.

 

The aforementioned is a highly nuanced paragraph.

Specifically what it reads/conveys to me: is that the Special Counsel found Trump’s arguments, wholly without merit and unpersuasive. By the invocation of specific Statutes, that also telegraphs a road map to criminal proceedings once Trump is no longer a sitting President. Remember the preface to both Volumes in the Special Counsel’s Report their office was constrained by the OLC memo. Of all the pages in the Special Counsel’s Report, page 240 is the most brutal. Both in substance, meritorious arguments and Constitutionality: 

The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.

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. (emphasis added)

 

The issue that’s highly nuanced is the Special Counsel’s Officd by stating “we would so state” it is clear and declarative that the investigators did not state that Trump did not obstruct justice because the report clearly leaves this for Congress to make the determination.

 

I’d also argue the fact the Constitution and Seperation Of Powers, that the implied intent is, Congress has the authority to investigate and make a determination that Trump did obstruct justice. Remember that the Special Counsel had the following limitations applied to them: the OLC memo and Trump refused to have a sit down interview. Trump & his team of attorneys capitulated for nearly a year. In the end the Special Counsel was permitted to submit written questions, but any questions concerning Obstruction of Justice were strictly prohibited.

Furthermore the Special Counsel determined Trump’s written response was “inadequate, insufficient”. The questions start on page 419 thru 428, respectively. Trump’s responses start on page 429 thru 439, respectively. In which he invoked. USAToday pulled Trump’s answers into a single document found here.

 

’I have no recollection..

I have no independent recollection

I do not remember

 

 

Previously the House Judiciary Chairman sent the following Letter & Document production request to former White House Counsel Don McGahn (letter, document requests

Communications by President Trump or anyone acting on his behalf relating to Jeff Sessions’s recusal from any investigation related to the 2016 Presidential campaign. This includes, but is not limited to: (i) any attempts to block Sessions from recusing himself in or around March 2017; (ii) any attempts to cause Sessions to reverse his recusal decision; (iii) any criticism of Sessions’s March 2, 2017 recusal decision; and (iv) any attempts to limit, hide, or prevent a written ethics opinion related to Sessions’s recusal decision.

 

 

On page 3 of the March 4, 2019 letter’s attachment (linked above) to McGahn that’s where you can find the same request of today’s subpoena:

 

House OverSight McGahn papertrail

 

Separately the House Government OverSight Committee had previously sent the following letters, Document production and Document Preservation to Don McGahn surrounding the White House Security clearance process.

 

  • November 15, 2016, letter to the Trump Transition Team asking for information about reports that President Trump sought security clearances for his family, including Jared Kushner.
  • November 16, 2016, letter to the Trump Transition Team asking for a list of each individual for whom the White House has requested a security clearance, and the status of those security clearances.
  • March 16, 2017, letter to the White House asking for General Flynn’s security clearance application and foreign contacts, as well as other vetting materials.
  • June 21, 2017, letter to the White House requesting documents relating to the failure to  suspend the security clearances of Flynn and Kushner pending investigations—which appeared to violate Executive Order 12968 and ran counter to the Department of Defense manual governing the suspension of security clearances during pending investigations.
  • October 5, 2017, letter to the White House requesting detailed information on all individuals who have been granted interim security clearances.
  • October 18, 2017, letter from all Democratic Committee Members to Gowdy requesting a subpoena of the White House relating to General Flynn’s security clearance information.
  • November 16, 2017 letter to the FBI requesting information about Michael Flynn Jr.’s security clearance application during the transition.
  • December 18, 2017, letter to Vice President Pence about Michael Flynn Jr.’s security clearance application during the transition.
  • January 16, 2018, letter to Gowdy requesting subpoena on Michael Flynn Jr.’s security clearance application and foreign contacts.
  • January 18, 2018, letter to Gowdy requesting subpoena for documents the White House is withholding about its failure to suspend security clearances in accordance with Executive Order 12968 and Department of Defense guidance.
  • January 23, 2018, letter to the White House requesting information about Jared Kushner’s interim security clearance.
  • January 24, 2018, letter to Gowdy requesting a subpoena to the White House for documents and information on employees who still have interim security clearances.
  • February 2, 2018, letter requesting that Gowdy place subpoena requests to the White House on interim security clearances, security clearance suspensions, and security clearance documents for Michael Flynn, Jr. on the agenda for the February 6, 2018, business meeting.
  • February 8, 2018, letter to Gowdy requesting investigation of security clearance process at the White House for Staff Secretary Robert Porter.

 

At any rate I had planned on taking a few days off...to recharge my battery but also to catch up on real life matters, like work, my family and my friends. But then my phone started alerting. So here I am.

Although fair warning you probably won’t see me a lot on twitter because I’m fairly certain my account is once again the target of fratting so you’ll know where to find me, here until further notice or until Twitter fixes their cesspool of trolls engaging in cyber related criminal activity.

ps if you’re still defending Avenatti...I think you need to pull your head out. But coming to my Twitter timeline and blaming the Trump Justice Department...come on. The guy stole millions of dollars from numerous clients. Trump didn’t make Avenatti do that. Nor did Trump force Avenatti to committ bank fraud, wire fraud, bankruptcy fraud, mall fraud, destroy evidence, not file taxes in years. Nope that’s all Avenatti. So spare me the feigned outrage. I mean really the CDCA Affidavit had a freaking table of contents, it was >197 pages of some untoward “alleged” criminal activity. Nor did Trump force Avenatti to unlawfully obtain various SARS. Nor did Trump force Avenatti to act like some twitter thug.

 

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2 comments

  • Maureen A Donnelly: April 28, 2019

    you remain one of my most important sources of “cut to the chase” news on this sh*tshow. Unlike you my dear Spicy, I have not gone back to the Twitter cesspool. at first it pissed me off to get banned from the platform, but now I wear it like a badge. Keep after them. Take good care of your firey self.

  • Jaye Schembri: April 24, 2019

    Be well Spicy, and hope you get some time with all this going on!

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