Russia Investigation Heating Up

[Wrathbringer]

Necro got wrecked again.

I was wondering why there were extra pages here with nothing on them.

eta: what a tard

[Methais]

[time4fun]

So LawFare did a great piece on how exactly Mueller might be allowed to write an interim obstruction report, and how Rosenstein might be able to release it. They basically conclude that there are legal possibilities, but that none of them are especially airtight. They (rightly) point out that if this isn't all done 100% by the book, it will immediately be open to criticism. If it exonerates Trump, then it looks suspiciously like they were pressured to bend the rules to let the public know that. If it doesn't exonerate Trump, it starts playing into the Deep State hysteria.

Most of what I've seen out there seems to focus on 8 USC § 600.8 and 8 USC § 600.9- both of which are definitely open to some loose interpretation allowing for the public release of an interim report, but honestly, focusing there falls into the aforementioned trap. If they do decide to go with 8 USC § 600.8a(2) [which requires Mueller to give Rosenstein a full update of the investigation along with his annual budget request], then the report will be issued to Rosenstein July 1st.

But it seems that there are actually two less talked about ways for Rosenstein and Mueller to make this interim report happen:

The first:
I haven't seen anyone discussing this anywhere, so it's quite possible that I'm just misunderstanding the context of the statute. But technically 28 USC § 600.7(b) allows Rosenstein to "request that the Special Counsel provide an explanation for any investigative or prosecutorial step". That would undoubtedly include the decision to shut down a part of the investigation.

From there, 8 USC § 600.9(c) allows for the release of "other releases of information" [aside from the appointment or dismissal or Mueller as well as the conclusion of Mueller's work] as long as it's in compliance with USAM Chapter 1-7.000. The thing about that section is that it repeatedly, and expressly gives the Assistant AG the ability to approve public disclosure of information that wouldn't normally be allowed under the guidelines. Whereas Comey (loosely) used USAM Chapter 1-7.400(c) to essentially go rogue and hold a press conference without Lynch's approval, Rosenstein technically doesn't need a justification. Though the aforementioned statute as well as USAM Chapter 1-7.500(d) both technically allow for a public release of Mueller's findings.

The Second:

So this one is sort of interesting. For those who don't know, Mueller wasn't technically appointed through the Special Counsel provisions, he was appointed through 28 U.S.C. §§ 509, 510, and 515. (He did end up saying that most of the Special Counsel provision does apply to Mueller though) He's able to do so because in regards to the Russia and Obstruction investigations, he is effectively the acting Attorney General. And he's the Acting Attorney General for only these investigations. (or singular investigation- that part still remains murky) 28 U.S.C. § 529 actually requires the Attorney General to submit an annual report to Congress every June 1st. That report includes "any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a Federal Government officer, employee, or special employee, if such violation relates directly or indirectly to such individual’s Federal Government position, employment, or compensation".

There's also a catch-all for "anything else deemed appropriate". Arguably, in his capacity of Acting AG for Mueller's investigation, you could interpret the statue as requiring Rosenstein to update Congress on the investigation. Now there's a provision in there that precludes sharing information that would " disclose information which would interfere with any pending investigation or prosecution" [emphasis mine]. If Mueller has closed out the obstruction investigation by June 1st, then Rosenstein would only have to issue a report on that piece of the investigation (since the Russia/Collusion investigation is still ongoing). So that's another way to get the information out- though I'm skeptical of this timeline since Trump hasn't agreed to an interview yet.

Frankly, if Trump's lawyers are smart they'll delay the interview until after July 1st.

Both methods seem a little unorthodox- let me know if anyone has any information that would back up or break down either of these options.

[Androidpk]

The FBI raided Michael Cohen's office today.

The F.B.I. on Monday raided the office of President Trump’s longtime personal lawyer, Michael D. Cohen, seizing records related to several topics including payments to a pornographic-film actress.

Federal prosecutors in Manhattan obtained the search warrant after receiving a referral from the special counsel, Robert S. Mueller III, according to Mr. Cohen’s lawyer, who called the search “completely inappropriate and unnecessary.” The search does not appear to be directly related to Mr. Mueller’s investigation, but likely resulted from information he had uncovered and gave to prosecutors in New York.

“Today the U.S. Attorney’s Office for the Southern District of New York executed a series of search warrants and seized the privileged communications between my client, Michael Cohen, and his clients,” said Stephen Ryan, his lawyer. “I have been advised by federal prosecutors that the New York action is, in part, a referral by the Office of Special Counsel, Robert Mueller.”

https://www.nytimes.com/2018/04/09/u...?smid=pl-share

"The payments to Ms. Clifford are only one of many topics being investigated, according to a person briefed on the search."

[time4fun]

The FBI raided Michael Cohen's office today.

The F.B.I. on Monday raided the office of President Trump’s longtime personal lawyer, Michael D. Cohen, seizing records related to several topics including payments to a pornographic-film actress.

Federal prosecutors in Manhattan obtained the search warrant after receiving a referral from the special counsel, Robert S. Mueller III, according to Mr. Cohen’s lawyer, who called the search “completely inappropriate and unnecessary.” The search does not appear to be directly related to Mr. Mueller’s investigation, but likely resulted from information he had uncovered and gave to prosecutors in New York.

“Today the U.S. Attorney’s Office for the Southern District of New York executed a series of search warrants and seized the privileged communications between my client, Michael Cohen, and his clients,” said Stephen Ryan, his lawyer. “I have been advised by federal prosecutors that the New York action is, in part, a referral by the Office of Special Counsel, Robert Mueller.”

https://www.nytimes.com/2018/04/09/u...?smid=pl-share

"The payments to Ms. Clifford are only one of many topics being investigated, according to a person briefed on the search."

Wow. Seems like this probably came as a result of the recent Trump Org subpoena.

I wonder if Mueller is trying to get him to flip? Given Cohen was involved in the Trump Moscow deal, and he shows up in the dossier- I have a hard time believing Mueller's team doesn't care what happens next. I'm guessing he had to refer this to another division because what they found probably doesn't directly relate to his mandate.

(Edited because I just realized that I've read several plea agreements that were struck between multiple agencies)

[cwolff]

Hahaha, thays great. Just saw Clyder post this too. Ducking A. This couldn't happen to a nicer guy

[Androidpk]

FBI agents seized tax documents, business records, and possibly items related to Stormy Daniels case from Michael Cohen's office (our first indication that Mueller may be looking at campaign-finance violations/crimes by Trump, Cohen and/or others).

[Ashliana]

#MAGA, Making Attorneys Get Attorneys.

And FYI, if you didn't know, the FBI raiding Cohen's office -- breaking Trump/Cohen's attorney/client privilege -- means they suspect him, Cohen himself, of being involved in an ongoing criminal enterprise. Classic.

What's the rationale here, conservatrolls?

"HURRR, NOPE, STILL ICE COLD, HURR"

[Androidpk]

So aside from Mueller's investigation there is another FBI investigation into Trump's inner circle.

[Androidpk]

Even if he doesn't flip it's likely he just became a witness in Mueller's investigation. Is he going to fall on the sword for Trump again?