Trump Watch: The Wackiest Week in Trump-Mueller History
This week brought a series of reports on the progress of special counsel Robert Mueller's investigation. Here's what we know—and what we don't.
January 26, 2018 at 03:45 PM
6 minute read
It's Friday Trump Watchers! And wowza, it has been quite the week. On Monday, the government was shut down (yeah, remember that? #tbt). Today, as President Donald Trump rubs parka-covered elbows with the world's economic elite in Davos, Switzerland, we here in the states are wrapping our heads around the bombshell reporting that he ordered the firing of the special counsel, Robert Mueller, only to rescind when White House Counsel Don McGahn, threatened to resign over it. In today's Trump Watch, I'm breaking down all of this week's crazy. Got news tips, comments, concerns, mild insults? Email 'em to me here or tweet at me.
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TRUMP AND MUELLER'S WACKY WEEK THAT WAS
The New York Times reported Thursday night that President Donald Trump ordered the firing of the special counsel, Robert Mueller, in June last year. When White House Counsel Don McGahn threatened to resign instead, Trump reportedly backed off. This is significant for a number of reasons, including that Mueller could use the moment in making the case that Trump sought to obstruct the investigation into Russian interference in the 2016 election. Though news outlets reported Trump was considering firing Mueller months ago, the White House denied it over and over. They still are: Trump today called the NYT report “fake news.”
As dramatic as this news is, it's only the culmination of a series of reports this week that had me at the edge of my seat. Each tidbit gave us an even larger window into what's going on over at 1600 Pennsylvania Ave. and in Mueller's office in Southeast D.C. With today's 24-hour news cycle, it's easy to lose track of everything we learned.
So you know what? IT'S RECAP TIME Y'ALL (I'd like to note this list is in no way exhaustive, just exhausting):
➤ Mueller questioned Sessions: News broke Tuesday that the special counsel's office interviewed Attorney General Jeff Sessions for several hours last week. It marked the first time Mueller's team questioned a member of Trump's cabinet. Sessions could have been asked about any number of events, including his role in Trump's decision to fire FBI Director James Comey in May and his conversations with former Russian Ambassador Sergey Kislyak and his statements to Congress about them. Sessions' lawyer is Charles “Chuck” Cooper of Cooper & Kirk (once a rumored pick for Solicitor General until Chuck pulled out of the running).
➤ And Comey: Mueller also spoke to Comey last year. Also, Daniel Richman, the Columbia Law professor and Comey pal who served as an intermediary between the former FBI director and reporters, leaking memos about his interactions with Trump, is one of Comey's lawyers. Fun times.
➤ Wray threatened to resign: FBI Director Chris Wray, we also learned Tuesday, threatened to resign when he faced pressure from Trump and Sessions to fire FBI Deputy Director Andrew McCabe. McGahn reportedly told Sessions to chill out because it wasn't worth losing Wray over McCabe. Trump and other Republicans are hung up that McCabe's wife took donations for a state senate seat run from a friend of Hillary Clinton's.
➤ Mueller wants to ask Trump about Flynn: One burning question Mueller reportedly has for Trump: When and why did you fire National Security Advisor Mike Flynn? Flynn pleaded guilty last year to lying to investigators, a relatively light charge considering what could have happened. Trump tweeted at the time that he knew Flynn lied to the FBI.
➤ He's already talked to more than 20 WH officials: One of Trump's lawyers, John Dowd, released a memo Thursday detailing what the White House has done to cooperate with Mueller. Dowd said the response to Mueller is “the most transparent response in history by a president.”
➤ And Trump is down for a chitchat (kinda): Thursday, Trump said he was “looking forward” to sitting down for an interview with Mueller. He said he would probably do so in two or three weeks, but that everything was “subject to [his] lawyers.”
So here we are. While only Mueller knows what Mueller knows, these reports from (and leaks to) the press certainly have an effect in the court of public opinion. We know the special counsel is investigating possible obstruction of justice claims, and these threats to resign obviously add to that case.
–> Ryan Goodman, a former Defense Department special counsel, NYU law professor and co-editor in chief of the Just Security blog, wrote a lengthy post on what this news could mean for an obstruction-of-justice charge. One key takeaway: It could support a theory that Trump thought, at least at one point, that Mueller was a greater risk to his presidency than firing him would be. Goodman called it a “something-to-hide” theory.
How's it playing? My colleagues at ALM gathered some Twitter reactions from well-known lawyers and law professors. The responses range from “well hello” to “meh.” Read 'em all here.
What's next? Dowd told the Daily Beast that he will decide when and if Mueller interviews Trump. Live footage of me waiting for this decision:
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IN OTHER TRUMP NEWS:
● A federal judge in Maryland appears poised to allow a lawsuit challenging Trump's business ties to move forward. Read what the judge said here, from yours truly.
● Trump finally has some nominees for the FTC, my colleague C. Ryan Barber reports. Read about 'em here.
● Trump's DOJ may be switching up the way it handles False Claims Act cases, according to a memo I got my hands on this week. More on that here.
● The FBI director has a new chief of staff, straight from King & Spalding. Read about him here.
Thanks for reading Trump Watch. Click here to check out more briefings from my Law.com colleagues.
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