"Trump digs his own legal grave"

Some excerpts from an article by Jennifer Rubin, conservative columnist for the Washington Post, where this article appeared.

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"President Trump ordered the firing last June of Robert S. Mueller III, the special counsel overseeing the Russia investigation . . . but ultimately backed down after the White House counsel threatened to resign rather than carry out the directive. . . .  The report is noteworthy on many counts.

"First, Trump’s failed attempt to fire Mueller was apparently known to many individuals, indicating both a lack of discipline on Trump’s part (what else did he say to these people?) and possible waiver of any privilege. If McGahn can be compelled to discuss such interactions with Trump with the special counsel, he may be able to testify as to the president’s motive both in firing FBI Director James B. Comey and attempting to fire Mueller. . . .

"Second, 'Attempted obstruction is obstruction even when the perpetrator backs down after failing to get his consigliere to do the deed for him,” constitutional lawyer Larry Tribe emails me.  'In addition, it’s part of a persistent pattern of obstruction. And it’s also strong evidence of consciousness of guilt.' . . . 

"If one is constructing a case evidencing a deliberate, ongoing plan to disrupt and stop the Russia investigation so as to protect Trump and his family, this is certainly one nugget of damaging information. . . . Like the loyalty demand; telling Comey to let [the probe of Michael] Flynn go; or firing Comey, it evinces corrupt intent. What is Trump trying to hide? . . . 

"Third, the president does back down when confronted. On one hand, McGahn should be commended for standing up to Trump and should set an example for others who may be pressured to carry out illegal or problematic actions. . . .

"Fourth, the attempt to fire Mueller suggests Trump’s childlike belief that the investigation would not proceed, or would not proceed as effectively, without Mueller.  To the contrary, Deputy Attorney General Rod J. Rosenstein would have appointed a replacement, and the same FBI investigators would have continued their digging. The files would all be preserved. Trump personalizes everything, apparently ignorant of the institutional procedures built into the system to ensure that no one person’s removal can keep the wheels of justice from turning. That inability to recognize organization rules and norms may be his downfall.

"Fifth, this underscores how irresponsible Republicans have been in failing to shore up protections for the special counsel. Next time, McGahn may not be there or be able to head off an order to fire Mueller when Trump loses his cool. Republicans — for the president’s own protection — need to bring up legislation allowing notice of a decision to fire Mueller and/or some procedural recourse if Trump does pull the trigger.

"'While credit goes to Don McGahn, this is a blaring alarm: if there was ever any doubt in any Republican leader’s mind that Trump is willing to subvert the rule of law, that is now gone,' says Ian Bassin, who heads the nonpartisan group Protect Democracy.  'The question now for Speaker of the House Paul Ryan, Senate Leader Mitch McConnell and their caucuses is whether they truly believe we are a nation of laws and not of men and what they’re willing to do to assure that.'

"Unfortunately, from indulging the antics of House Intelligence Committee Chairman Devin Nunes (R-Calif.) to refusing to set up a select committee, GOP congressional leaders seem to have already answered the question."

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This credible report of Trump ordering McGahn to have Mueller fired last June was deeply sourced (four for the original New York Times report, by four more in subsequent reports by the Washington Post, CNN and others).   So we can take it as truth, despite Trump's denial.   It is one more piece of a mosaic that is showing undeniable obstruction of justice by the president.

Republican Senator Lindsey Graham (SC) told ABC's Martha Radditz on Sunday that, if Trump fires Mueller it will be the end of the Trump presidency.   And, he added, "everybody in the White House knows it."    I wish I could believe with Graham's certainty of how Congress would react.    

Let's say now that Trump is convinced and won't fire Mueller.  The question is, once Mueller's work is complete and reported to them, whether the Republicans in Congress will do anything about it.   Actually, unless there are such damning charges of other "crimes and misdemeanors" (like money laundering), it might be better to wait on impeachment until January 2019 when, hopefully, Democrats will be in the majority.

It would be better to have that further delay rather than have articles of impeachment introduced and voted down.   Let's wait and see whether the case is strong enough to compel Republicans to act.   No doubt, however, impeachable offenses -- that we know about -- already exist that are sufficient, if only the Congress has the will to act.

Ralph