Re: NSA Chief Russia Hacked '16 Election Congress Must Inves
Posted: Wed Aug 30, 2017 11:22 am
Presidential Pardons Might Not End Russia Prosecutions
by ARI MELBER
President Donald Trump’s unusual pardon of former Arizona Sheriff Joe Arpaio, issued before his federal case was even finished, has sparked a debate over whether the president could end Special Counsel Robert Mueller's Russia probe with a spate of pre-emptive pardons.
But even mass pardons of all suspects in the Russia case would not close the door to potential prosecutions.
While presidential pardons can halt the federal case, local prosecutors could then pursue any Americans suspected of aiding Russia’s election meddling. In fact, legal experts say presidential pardons could make that prospect more likely.
According to a new MSNBC legal analysis, federal pardons could open the door to local criminal investigations in several states.
MSNBC exclusive: Trump Russia pardons may spark new inquiry 13:08
Why So Many States Might Have a Case
The most likely places are New York, Virginia and Illinois, three states where there is evidence that election-related crimes occurred — though it is unclear if any Americans assisted with those Russian efforts.
Beyond the three main states, the legal arguments for potential criminal jurisdiction are even broader, extending to many of the 39 states that were subject to Russian hacking.
Image: FBI Director Robert Mueller testifies before the Senate Intelligence Committee
FBI Director Robert Mueller testifies before the Senate Intelligence Committee during the annual open hearing on worldwide threats on Capitol Hill in Washington, Tuesday, March 12, 2013. Susan Walsh / AP file
According to U.S. intelligence and public accounts, Russian efforts included criminal hacking into Democratic National Committee emails, a conspiracy to distribute that stolen material, and separate computer intrusions into state election systems. That activity could form the basis of felony cases in several states, and conspiracy charges if any Americans were found to be involved.
Local prosecutors have not disclosed investigations of such conduct. Typically, state and local prosecutors defer to federal investigators, especially in national security cases. But pardons could change that.
According to a source with knowledge of one state attorney general’s preparations, the office is already studying its potential state jurisdiction for Russia-related crimes. The source told MSNBC that state investigators typically defer to federal inquiries, but there is a perception the Russia inquiry may not turn out to be a typical situation.
NBC News previously reported that Mueller tapped multiple grand juries to gather evidence in the ongoing federal inquiry into alleged links between Trump's presidential campaign and Russia, and that former campaign chairman Paul Manafort and former National Security Adviser Michael Flynn are under scrutiny by Mueller.
Trump has denied that he or any members of his team colluded with Russia during the 2016 presidential campaign, and Mueller's probe goes beyond the conduct of Trump and his advisers and includes the entire international hacking plot.
The breadth of that plot widens the net of criminal exposure.
According to legal scholars and former prosecutors surveyed by MSNBC, the case for local Russia prosecutions would be stronger if the federal case is prematurely shut down.
"If there were to be a pre-emptive pardon," says former New York Chief Deputy Attorney General Harlan Levy, local prosecutors "would look at the facts and law, and do the right thing and protect the rule of law the best they can."
"There’s absolutely a stronger local case if the federal case is shut down," says former Watergate prosecutor Nick Akerman.
Flynn, Manafort under scrutiny by Mueller Play Facebook TwitterEmbed
Flynn, Manafort under scrutiny by Mueller 4:07
Jed Shugerman, a historian and Fordham law professor, says the very nature of the Russian plot strengthens the case for local prosecution.
"Given how widespread these crimes were," Shugerman says, "there are lots of different avenues for jurisdiction, and New York is the easiest one."
P.S. Ruckman Jr., a pardon scholar and author of "Pardon Me, Mr. President," notes that a federal pardon does not give a potential defendant legal protection in state court.
"There is nothing about a federal pardon that prevents state offenses from being prosecuted," he said.
In a landmark 1959 case, the Supreme Court ruled states have the lawful authority to separately prosecute an individual regardless of what occurs in the federal system, and "even in the aftermath of federal acquittal."
Local Jurisdiction for Russian Crimes
While the U.S. government concluded Russia was behind criminal activity in the 2016 election, no government body has accused Americans of being involved.
Legal experts say prosecutors must follow evidence, and it is too early to conclude whether any Americans (or Trump associates) conspired with Russians to a criminal degree. If Americans were in on the plot, though, there could be jurisdiction to pursue them in the states.
"You would have to find that one of those [election] crimes occurred in New York," says Jennifer Rodgers, a former federal prosecutor in New York. "I don’t think that’s a huge stretch, given that Trump’s people are here — this is where he lived, and his inner-circle lived."
For jurisdiction, Rodgers says a prosecutor would need evidence that the planning or commission of a crime occurred in the state.
"If Donald Jr. meets with Russian lawyers," she says, "you could argue that the act was in furtherance of an underlying crime, and there is jurisdiction in New York."
Rodgers adds that while the federal probe continues, local prosecutors are taking a back seat. "I don’t think anyone is out there aggressively investigating this — they are not issuing subpoenas," she says.
Beyond New York, Virginia might be able to pursue anyone involved in the DNC hack, given that much of Washington's technical support is located there. Virginia law bars computer trespass and computer invasion of privacy, and it has a felony conspiracy law targeting "any person" who conspires to commit a felony in the Commonwealth.
Illinois is one of the few states that has been publicly identified as a victim of Russian hacking. Its state law bars computer fraud and tampering, and criminalizes aiding and abetting such crimes.
New revelations come to light in Trump Jr. meeting Play Facebook TwitterEmbed
New revelations come to light in Trump Jr. meeting 7:53
Experts say the legal case against the hackers working for Russia may be solid — but that is irrelevant if the defendants cannot be identified or apprehended.
For example, Illinois Attorney General Lisa Madigan might have a case, but no defendants.
"Russians aren’t going to come into her court," says former Maine Attorney General Jim Tierney.
That has not always stopped prosecutors. The DOJ has indicted Chinese and Russian hackers for attacks on American companies, even though they are fugitives abroad.
Prosecuting agents of a foreign power, however, is different than making a potential case against agents of the United States.
"It could happen," Tierney says. "If the [district attorney] of Baltimore wants to go after the president, is that destabilizing? Yes it is."
Tierney, who now teaches about the role of state attorneys general at Harvard Law School, adds, "The actual legal and practical obstacles to bringing this kind of case are very high."
On the federal level, the Justice Department holds the view that it cannot indict a sitting president. (The idea is that only Congress can charge and remove a president, through House impeachment and Senate trial). At the local level, prosecutors do not generally patrol federal government officials on their government service — and certainly not the president.
That line does not preclude prosecution of other individuals who happened to work for the president. Experts say the entire issue is murky.
"This is kind of uncharted territory," says Rodgers, the former federal prosecutor.
Feds Go First, Except When They Don't
Apart from any pardons or interference with Mueller, the typical state deference to federal investigations is a tradition, not a rule.
In 2003, Oklahoma’s Attorney General, W.A. Drew Edmondson, jumped ahead of a major federal investigation, indicting several former Worldcom executives on state securities charges before DOJ could act.
Edmondson says he alerted the lead federal prosecutor, then-U.S. Attorney James Comey, but decided to act because the federal inquiry dragged on with no indictments. The move broke with tradition, but was lawful.
Federal court rules also provide a formal mechanism for state prosecutors to pick up where federal investigations end.
Under the U.S. Federal Rules of Criminal Procedure, federal grand jury materials, which are secret, may be requested by local prosecutors if the evidence shows a "violation of state law."
If the special counsel probe ended prematurely, local prosecutors could request that material, from interviews with every witness Mueller brings before the grand jury to other secret evidence it reviewed.
If Mueller or his investigators were no longer working for the Justice Department, states could also consider hiring them as special prosecutors or investigators to work the state case.
Double Jeopardy
According to an MSNBC review of state laws, the timing of any potential Trump pardons could be a key factor in potential state investigations.
That is because state laws protecting people from double jeopardy — being tried twice for the "same crime" — kick in at specific points during a federal prosecution.
In several states, if Trump pardoned people pre-emptively, before federal prosecution, it would be easier for the states to pursue prosecutions. The double jeopardy protection would not be triggered, because the pardons came before any federal prosecution.
By contrast, if Trump waited until later in a federal prosecution, and then pardoned defendants, they might be protected from state prosecution for the same conduct.
For example, Virginia bars state prosecutions for acts that already faced "prosecution under the federal statute." So people pardoned after facing federal charges for election hacking could argue they were facing the same charges if pursued for hacking under Virginia law.
New York also bars state prosecutions for acts that already faced federal "prosecution," though there is an exception for criminal conspiracies involving another state to commit a crime in New York.
Schiff notes Trump Jr in Russia hack timeline Play Facebook TwitterEmbed
Schiff notes Trump Jr in Russia hack timeline 7:14
The details vary by state, and have not been tested in a case like the Russia probe. The legal landscape suggests, however, that an early or impulsive set of pardons by Trump might make state prosecutions easier, while pardons issued late in a federal prosecution could prevent prosecutions for the same underlying conduct in many states. (Complicating matters further, most of the 39 states subject to election hacking have not been publicly identified, and the analysis depends on their respective double jeopardy laws.)
Ultimately, the president’s federal pardon power is absolute. As Trump’s legal defenders emphasize, there is clear precedent for issuing presidential pardons, even long before a criminal trial and for the president’s own staff.
The Supreme Court has long held federal pardons may be issued at "any time," a precedent that dates to the 19th century. President George H.W. Bush demonstrated the breadth of that power with his controversial pardons for six former Reagan-Bush officials, who were charged with Iran-Contra crimes by the independent counsel in 1992. The move included a full pardon for former Defense Secretary Caspar Weinberger — just 10 days before his trial was set to begin. Weinberger was charged with making false statements to the federal government, a federal offense.
The Russia probe may be different in one important respect: Unlike lying to Congress, the underlying actions may qualify as both federal and state crimes.
Legal experts agree that effective prosecutions of such crimes are far more likely to prevail at the federal level, but if that door is closed by pardons, another door may remain ajar.
https://www.nbcnews.com/politics/politi ... ns-n797266
Here Are Trump’s 3 Biggest Lies About the Russia Scandal
Each one is an outrage.
DAVID CORN
AUG. 30, 2017 10:24 AM
Donald Trump
Evan Vucci/AP
Since the eruption of the Russia scandal, Donald Trump and his allies have consistently lied and deceived regarding assorted aspects of the controversy. Recent news stories revealing that Trump pursued a tower project in Moscow while running for president—despite his repeated insistence that he has no business dealing in Russia—are a reminder of how brazen these untruths have been. Overall, Trump has amassed a serious record of prevarication. But he and his gang have outdone themselves when lying about the Russia investigation. So much so that one can well wonder, with full suspicion, why Trump and his crew have resorted to such huge lies.
Here’s a brief review of the top three falsehoods they have attempted to sell.
No collusion
Trump has declared over and over that there was no collusion between his campaign and Vladimir Putin’s regime, which, according to the US intelligence community, mounted a covert operation to subvert the 2016 election to help Trump become president. On May 8, Trump tweeted, “The Russia-Trump collusion story is a total hoax, when will this taxpayer funded charade end?” He maintained he was the victim of Democratic conspiracy-mongering: “Again, the story that there was collusion between the Russians & Trump campaign was fabricated by Dems as an excuse for losing the election.” At a May news conference, he proclaimed, “The entire thing has been a witch hunt. And there is no collusion between certainly myself and my campaign, but I can always speak for myself — and the Russians, zero.” The next month, he tweeted, “After 7 months of investigations & committee hearings about my ‘collusion with the Russians,’ nobody has been able to show any proof. Sad!” He claimed that any talk of collusion was unfair to him: “There is no collusion & no obstruction. I should be given apology!”
There is no question collusion occurred. The only question is if there was any other collaboration.
Yet there was collusion. The proof is Donald Trump Jr.’s emails. In July, Trump Jr., racing to beat a New York Times story that was about to appear, posted emails showing that he and his father’s campaign had tried to plot with a top Kremlin official to acquire dirt on Hillary Clinton. The emails revealed that Aras Agalarov, a Russian oligarch developer and Trump business partner, informed Trump Jr. (via his son Emin Agalarov, a pop singer, and Emin’s manager, Rob Goldstone) that the prosecutor general of Russia, a Putin ally, wished to provide the Trump campaign with information that would incriminate Hillary Clinton. The emails noted this effort would be part of the Putin regime’s hush-hush “support for Mr. Trump.”
Trump Jr. quickly and eagerly arranged a meeting with a Russian emissary supposedly bearing the Clinton information, and on June 9, 2016, Trump Jr.; Jared Kushner, Trump’s son in law; and Paul Manafort, the Trump’s campaign top official, met with several Russians to receive the anti-Clinton information. After this meeting was exposed a month and a half ago, the Trump camp maintained that nothing had come out of the meeting between the Trump advisers and the Russians. No dirt was snagged. But there can be no denying (in a reality-based world) that the Trumpers were colluding with Russians. They just—in their account—didn’t get what they wanted. But given that the Trump camp initially lied about the nature of the meeting and its attendees, only a sucker would accept their account at face value. Whatever the outcome of the get-together, this is a solid instance of conspiring between Trump’s top lieutenants and prominent Russians. There is no question collusion occurred. The only question is if there was any other collaboration.
Nothing to see here
From the moment the news broke that the Democratic National Committee had been penetrated by hackers associated with Russian intelligence—a story that hit the headlines a mere five days after Trump Jr., Kushner, and Manafort met with the Russians—Trump and his aides immediately challenged the notion that Moscow was behind this break-in. The Trump campaign’s first response to the DNC breach was to blame the victim. It released an absurd statement: “We believe it was the DNC that did the ‘hacking’ as a way to distract from the many issues facing their deeply flawed candidate and failed party leader.” And in the weeks and months ahead, Trump and his mouthpieces regularly maintained there was no evidence the Russians were hacking the election. But Trump’s most senior advisers had been informed (see above) that Putin’s regime was aiming to intervene secretly to hurt Clinton and benefit Trump. More than anyone, they knew their claim that Russia was not involved in political skullduggery was hollow.
More than anyone, Trump’s advisers knew their claim that Russia was not involved in political skullduggery was hollow.
In August 2016, Trump, as the GOP nominee, received an intelligence briefing and was reportedly told the US intelligence community by then had concluded Moscow was behind the DNC hack and the subsequent dissemination of information stolen from the Democrats. Still, Trump kept denying Russian involvement. At the first presidential debate, he quipped that the DNC hacker “could be somebody sitting on their bed that weighs 400 pounds, okay?”
He has essentially continued this line ever since. The few times he has acknowledged Russia was the perp, he has quickly added that it could also have been another bad actor. So though his own campaign had direct, firsthand evidence that Putin’s government intended to muck about in the campaign to boost Trump’s chances, Trump has cast doubt on whether anything of the sort happened. This lie was rather consequential, for it made it tougher for Republicans to join President Barack Obama and other Democrats in fashioning a non-partisan response to Putin’s clandestine operation. With Trump insisting there was no Russian connection, it was difficult for any GOP leader, in the heat of a presidential campaign, to say otherwise. Trump’s deployment of this false assertion muddied the public narrative and provided cover for Russian intelligence’s assault on American democracy.
No business with Russia
Trump has repeatedly proclaimed he has no commercial interactions with Russia. One example: Nine days before moving into the White House, he tweeted, “I HAVE NOTHING TO DO WITH RUSSIA – NO DEALS, NO LOANS, NO NOTHING!”
At the time of the tweet, there was already ample evidence in the public record that Trump had endeavored for three decades to strike major business deals in Russia. He had made a bundle of money marketing and selling properties to Russians. He had pocketed at least $12 million in income from the Miss Universe contest he held in Moscow in 2013. And after that event, he and Aras Agalarov signed a letter of intent to build a Trump Tower in the Russian capital—a project that fizzled out.
This week, the Washington Post reported that Trump signed a letter of intent on October 28, 2015—the same day he participated in a GOP primary debate—with a Russian firm to develop a Trump Tower in Moscow. While he was campaigning for president, he was, in a way, moonlighting in Moscow. Michael Cohen, Trump’s longtime private lawyer and adviser, even sent an email to Putin’s office looking for assistance with the project. (In a statement provided to the House intelligence committee, Cohen said he never heard back from the Kremlin). Like the earlier deal with Agalarov, this project stalled and was over by the end of January, according to Cohen. But here was Trump trying to cook up a huge project in Moscow as he was seeking the White House. This certainly supplies one explanation for the many Putin-friendly statements Trump made on the campaign trail and his refusal to criticize Putin. A developer hoping to strike it big in Russia could not afford to tick off the Russian strongman.
When President Bill Clinton was under investigation for having lied about his relationship with White House intern Monica Lewinsky, he was asked about a statement he had made under oath insisting “there’s nothing going on between us.” To explain this remark, he said, “It depends upon what the meaning of the word ‘is’ is”—suggesting that his comment had been true because he was not having sex with Lewinsky at the time he was queried about it. And for that, Clinton has been soundly derided for almost two decades. Trump’s oft-stated claim that he has no business involvement with Russia is not as juicy a lie as the famous Clinton whopper. But it falls into the same category. Trump knew he had tried to pull off a major business deal—one that could not happen without support from Putin and the Kremlin—yet he made it sound as if he was a virgin when it came to financial relations with Russia.
There have been other instances of Trump swilling faleshoods related to the Russia scandal. He has issued contradictory statements about whether he has ever met or communicated directly with Putin. He also claimed that he fired FBI director James Comey because of how he had handled the Hillary Clinton email server investigation. (Then Trump conceded the Russia investigation was part of the reason for his abrupt dismissal of Comey—which special counsel Robert Mueller might be investigating as possible obstruction of justice.) But his biggest lies are foundational: There was indeed active collusion between the senior ranks of Trump’s campaign and Russia; Trump and his campaign aides falsely insisted Russia was not intervening in the campaign when they had reason to know otherwise; and Trump had business connections to Russia from the 1980s through the first half of his presidential campaign.
Any one of these lies ought to be a major scandal in and of itself. Each one is a hoax. None should get lost in the quick shuffle of news cycles and the cascade of fresh outrages. They provide cause to disbelieve and distrust any utterance Trump or a surrogate makes about the Russia investigation—an investigation that at its core is about the credibility of the commander in chief and the legitimacy of his presidency.
http://www.motherjones.com/politics/201 ... a-scandal/
Meet the Russian developer Trump tapped for Moscow tower
IC Expert has developed large mixed-use projects in Russia for over a decade
By Will Parker | August 28, 2017 06:11PM
[img]https://s12.therealdeal.com/trd/up/2017 ... -Cohen.jpg[/img]
From left: IC Expert’s “Novokosino-2,” Felix Sater, Michael Cohen and Donald Trump (Credit: Twitter and Getty Images)
Despite President Trump’s claims during the presidential campaign that he has “nothing to do with Russia” including “no deals,” emails obtained by the Washington Post and the New York Times show that former Trump Organization attorney Michael Cohen and former Bayrock Group executive Felix Sater were actively working on a licensing deal with a Moscow-based developer as recently as last year.
In one January 2016 correspondence, Cohen reportedly emailed Russian President Vladimir Putin’s aide, Dymytry Peskov, to ask for his help pushing the project forward.
The Trump Organization had even secured a letter of intent with a developer, IC Expert Investment Co., but had not yet had success obtaining building permits from the Russian government, according to the Washington Post.
In a statement submitted to congressional investigators, Cohen said he could not recall receiving a response from Peskov and claimed the project was abandoned two weeks later, the Washington Post reported.
IC Expert appears best known for building a large-scale suburban real estate development in Reutov, a town just east of Moscow.
According to its website, the firm was founded in 2005 and has since developed millions of square feet of mixed-use property around Moscow. Most notably, the real estate firm developed the “Novokosino” and “Novokosino-2” complexes in Reutov, a more than 4 million-square-foot “micro district” with 17 residential buildings and thousands of apartments.
However, according to Russian news reports from last year, construction at “Novokosino-2” has taken much longer than many expected, drawing protests from apartment buyers, some of whom complained that the company is not employing enough construction workers. Some buyers haven’t been able to move in for over a year, according to the reports.
Nearby, IC Expert also developed Reutov Park, a 1 million-square foot shopping mall. The mall was co-developed with Amma Development, a company reportedly founded by former executives in the Russian division of IKEA.
Other development and banking partners listed on IC Expert’s website include Sberbank, Russia’s largest lender. Sberbank is embroiled in a federal gravel quarry dispute that landed in a New York court earlier this year, and it’s hired Trump’s former personal attorney Marc Kasowitz. At the time he was hired by Sberbank, Kasowitz was also working for Trump on matters related to Robert Mueller’s Russia investigation.
A subsidiary of VTB Bank is another of IC Expert’s listed partners. According to an email obtained by the Times this week, Sater said he had already lined up financing for the Trump Moscow project with VTB as a lender.
Both Sberbank and VTB are majority state-owned and were placed under U.S. sanctions following Russia’s annexation of the Crimea region in Ukraine in 2014.
Representatives for IC Expert could not immediately be reached.
https://therealdeal.com/2017/08/28/meet ... cow-tower/








