Where in the world is Mike Pompeo

June 19, 2017–Like Carmen Sandiego, no one seems to know where in the world is Mike Pompeo, the current director of the Central Intelligence Agency (CIA). I say this not in jest. Pompeo has been placed in a number of places where President Donald J. Trump has major interests, including in South Korea, just after the latest eruptions from Kim Jong-un in the north; in Syria-Saudi Arabia, in the context of the U.S. covert operations against ISIS/ISIL, and so on. Director Pompeo has specifically been placed at the White House with Director of National Intelligence Dan Coats when Mr. Trump took aside the top spooks and reportedly implored Director Coats to try and tamp down on then-FBI director James B. Comey. The Senate intelligence committee is bending every effort to obtain testimony from Coats, but so far there is complete silence on Mr. Pompeo. It is as if the CIA has divorced itself from oversight and accountability. In fact I argue this precise case in my forthcoming book The Ghosts of Langley. There you will find extensive discussion on this matter.

Let Me Be Very Clear Here

June 18, 2017–President Trump’s lawyers are running around today making all kinds of noise about “the president is not being investigated” for obstruction of justice. One of them, Jay Sekulow, then takes it back, telling Fox News that he can’t be absolutely sure because he can’t read the mind of Robert S. Mueller, the special counsel. Let me be very clear here. There are at least three reasons to suppose that Donald J. Trump is under investigation for that very thing.

First, Mr. Trump has said so. You may like Trump’s practice of tweeting or not. But– the way these recent tweets have been handled by associates–let’s call them the “investigation tweets”–is very interesting. White House spin doctors in the past have almost uniformly commented that the tweets stand on their own. In the case of the investigation tweets, however, they have tried to walk them back, alleging Trump to have been recycling things he heard elsewhere.

Second, is “subject of investigation” notice. The lawyers have been saying Mr. Trump has received no such notice. I have also heard there is no requirement the FBI give such a notice. I’m not sure that is true. But whether or not it is, as an investigative branch of the federal government it seems to me almost certain that, as a courtesy, the FBI would give such a notice to the chief executive of the United States. Since Mr. Trump personally adverted he is under investigation, that seems to lend weight to the original reading of the investigation tweets.

Third is the line-up of witnesses Special Counsel Mueller is preparing to interview. Dan Coats is of no interest as a figure in the Russia Caper. He is only important to investigators in the context of an obstruction inquiry. Mike Rogers of the NSA may be of some interest in the Russian affair in search of what the codebreaking agency had learned of Moscow’s activities during the period of the election. But Rogers has been specifically placed in the president’s office, and as having been telephoned by the president, in connection with the alleged obstruction. Mueller’s cast of characters makes the most sense in the context of an obstruction investigation.

The really interesting question is why President Trump’s lawyers should want to muddy the waters in this fashion. Think on that for a while.

 

Obstruction Starts to Come Into Focus

June 15, 2017–Just very quickly, because I am on something else. You are beginning to see the reasons why President Trump had an interest in having his officials stonewall at their congressional appearances. For Coats or Rogers to have confirmed that the president even mentioned to them the possibility of speaking out in behalf of Michael Flynn or, worse, pressing FBI Director Comey to drop the Flynn inquiry, would be disastrous for Mr. Trump. Our information is that the special counsel opened a wider inquiry on Donald Trump, to include obstruction of justice, shortly after the president fired Comey on May 9. Federal rules require the FBI to inform a person when they become the subject of an inquiry. Thus Mr. Trump was aware of that investigation from about mid-May. His officials, including the lap dog Jeff Sessions, testified at the Senate intelligence committee in June.

Mr. Trump could not openly claim executive privilege for his officials. There is legal precedent for criminal inquiry trumping (!!) privilege. The court hearing would merely worsen the president’s position–and his claim could itself be construed as a further act of obstruction. Mr. Trump could not claim secrecy–you saw in this space yesterday a citation to the statute that prohibits that. In addition there are prima facie grounds to argue that a personnel change is not secret. Trump’s minions were thus forced to contrive some excuse to justify their refusal to testify. An extremely awkward formula (of pretending to reserve the president’s ability to claim privilege later) was the result.

I continue to believe the Senate’s proper response, at the second (or was it the third? the first two occurred during the same hearing) instance of this maneuver, would have been to hold the witness in contempt.

Trump’s “Satellites”

June 10, 2017–So, like Nixon at Watergate, The Donald does not mind jettisoning minions to avoid the hammer of justice descending upon his own head. There has already been a good deal of attention devoted to a set of individuals directly involved in the Russia Caper, but what about those people who work for President Trump within his own administration? Who might those “satellites” be?

Jeff Sessions: Let’s start with the Attorney General, both because of his prime position but also because former FBI director James B. Comey hinted during his June 9 testimony before the Senate intelligence committee that the Bureau was aware considerably in advance of things in his record that would oblige Sessions to recuse himself from investigations related to the Russia Caper. Apart from his potential vulnerability to Russia Caper charges, Sessions is open to perjury charges for sworn testimony before Congress. If Sessions did have vulnerabilities that required him to recuse himself, then his participation in the firing of James Comey opens him up to charges of conspiracy plus aiding and abetting illegal activity.

Sean Spicer: The president’s press spokesman of course has stood before the public day after day, effectively spouting lies. Some of those lies may have abetted the illegal activity. Also the degree to which he was witting of the rest, and the political advice he gave, may expose Spicer to conspiracy charges.

Political advice, public posturing, and leaking may expose Steve Bannon and Reince Priebus to charges of conspiracy and of leaking classified information.

Dan Coats, Mike Rogers, and Mike Pompeo, respectively the Director of National Intelligence, and heads of the NSA and CIA, have stonewalled Congress, opening them to contempt charges, since the National Security Act of 1947, as amended, explicitly provides that no order, charge, or other instruction may be cited to justify denying Congress any information necessary for its oversight role. Their stonewalling posture also aids and abets the cover up. President Trump also made an affirmative attempt to recruit Coats and Rogers to pressure the FBI to drop its investigation of Mike Flynn. If these officials either did as asked, or indicated to President Trump that they would do so, they would become active participants in an obstruction of justice. Depending on the advice they gave the president, the spooks may also be open to conspiracy charges.

H. R. McMaster : Here we’ve taken to calling the general “Appropriate Dereliction” McMaster for his excuses made for the Trump campaigners who asked the Russians for a backchannel on Russian communications links, an element of the Russian Caper conspiracy (which I am treating separately). Though that action represents a separate transgression, McMaster’s defense of it as completely “appropriate” is part of the cover up. If Donald Trump ordered McMaster to mount that defense, it would be an unlawful order and, as an active-duty Army officer General McMaster would be liable for carrying out an illegal order (Universal Code of Military Justice, 908– 890 (Art.90[20]); 891 (Art. 91 [2]); 892, Art. [1], [2]). If McMaster did this voluntarily and the conspiratorial act is found to have been criminal, then he is open to charges of aiding and abetting.