In the latest White House news about the Mueller probe, more than one staffer has said that President Trump is asking those who have already talked with Mueller's staff what they testified and what they said about him. This includes both Reince Priebus and Don McGahn, the White House counsel.
Experts are saying this may not in itself constitute obstruction of justice or witness tampering -- both of which are serious crimes -- but it adds to the "consciousness of guilt," which prosecutors try to assess when considering those charges. In other words, does the person act like they're guilty?
In response to questions about this latest behavior by the president, former Acting Justice Department Solicitor General (the #3 position) Neil Katyal, said this: "It looks so bad. Basically, you've got Donald Trump acting like a two-bit criminal." Katyal went on to say that, as a private defense lawyer, he had taken on the challenge of being the defense attorney for Bin Laden's driver. He said that "at every stage of the investigation, "Bin Laden's driver acted with more integrity than Donald Trump has shown in this."
[Please note that Neil Katyal, former #3 person in the Obama Justice Department, is a very careful, lawyerly type speaker. He is not given to spouting off for the media.]
And, here's the thing. All of this is getting reported back to Mueller. Potential witnesses, for their own good, are telling Mueller about any contacts they have with this person (Trump) who is under investigation. Trump's lawyers must have told him to stop talking, stop tweeting, just keep completely silent on the whole matter. But he either can't or defiantly won't.
Just take that last thing by itself. What does this say about Trump's fitness to be president that he is so incapable of taking advice from experts who know more than he does about a matter of such importance? It's not as if this is some abstract matter he won't take advice on -- this goes to his personal, serious liability for felony charges of obstruction of justice. Even here, he won't listen to his lawyers' advice.
Fast-forward a few weeks to a one-on-one meeting with Kim Jung Un. We can't trust Trump, who is delusional about his ability as a negotiator. He's terrible. He'll promise one thing and, the next day, put conditions on it that he didn't mention in the meeting.
Or he will make some rash decision, without knowing anything about the history or risks or alternate thinking of experts -- just going by his "gut instincts" -- and with what appears to be a complete lack of self-observation or consideration of his own prior mistakes.
The latest alarming leak from the White House is that Trump is saying he's "tired of being reined in." People interpret this as his coming close to getting rid of Chief of Staff Gen. Kelly and National Security Adviser McMaster, at least. Perhaps Tillerson as well. If what we've been seeing is a "reined in" Trump, I tremble in fear at what an "unreined in" Trump would do.
Although I want to believe that Kim has reason to be sincere and above board about this, there is reason for real concern that Kim may play Trump for a fool.
Ralph
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