Tag Archives: Trump-Russia

Sessions’ Testimony Evaluated – Part 4 (Last)

Readers will likely be glad this is the final installment on the Sessions testimony. We concluded the last post with the exchange in which Sessions claimed that after his recusal he simply stopped being interested in the Trump-Russia issue and received no briefings and read little or nothing substantive about it.

Under questioning by Senator Harris, Sessions repeated his fan dance regarding disclosure of his notes and other relevant documents by saying,

I will commit to reviewing the rules of the department and as and when that issue is raised to respond appropriately.

“When that issue is raised?” It had just been raised by Sen. Harris’ request for the documents. Sessions yet again gets away with saying, in effect, “when, as and if you ask for documents after the hearing, I will consider whether to provide them.” We can only hope that Special Prosecutor Robert Mueller has reviewed the testimony and is demanding those documents.

In one of the highlights of the hearing, Senator Reed asked Sessions this:

… on July 7th when Mr. Comey made his first announcement about the case, you were on Fox News, and you said, first of all, director Comey is a skilled former prosecutor and then you concluded by saying essentially that it’s not his problem. It’s Hillary Clinton’s problem. Then in November, on November 6th, after Mr. Comey again made news in late October by reopening, if you will, the investigation, you said, again, on Fox News, you know, FBI director Comey did the right thing when he found new evidence. He had no choice but to report it to the American Congress where he had under oath testified the investigation was over. He had to correct that and say this investigation ongoing now. I’m sure it’s significant, or else he wouldn’t have announced that.

So, in July and November director Comey was doing exactly the right thing. You had no criticism of him. You felt that in fact he was a skilled professional prosecutor. You felt that his last statement in October was fully justified so how can you go from those statements to agreeing with Mr. Rosenstein and then asking the president or recommending that he be fired?

Once again, perhaps due to the way the hearing was structured, Sessions escaped with a statement that the problem was that Comey was obligated to advise that he had reopened the Clinton email investigation because he had, in error, gone public about the investigation initially. That may be true, at least arguably, but it doesn’t answer the question of why Sessions thought he had license to address Comey’s firing, having previously blessed both the initial disclosures by Comey as well as the follow-up announcement about reopening the investigation and recused himself from the investigation. Sessions’ inconsistency was laid bare for all to see, but he skated away without much notice with some double-talk. Here, again, the Democrats, and the country, certainly could have been helped by a more rigorous approach to the questioning.

I apologize again for this, but the following exchange between Senator McCain and Sessions bears extensive quotation because it is so revealing of the selective memory of the Attorney General:

MCCAIN: Over the last few weeks the administration has characterized your previously undisclosed meetings with Russia ambassador Kislyac as meetings you took in your official capacity as a U.S. Senator and a member of the Senate Armed Services Committee. As chairman of the that committee, let me ask you a few questions about that. At these meetings did you raise concerns about Russia invasion of Ukraine or annexation of Crimea?

SESSIONS: I did, Senator McCain, and I would like to follow up a little bit on that. That’s one of the meetings — that’s one of the issues that I recall explicitly. The day before my meeting with the Russian ambassador, I’d met with the Ukrainian ambassador, and I heard his concerns about Russia, and so I raised those with Mr. Kislyak, and he gave, as you can imagine, not one inch. Everything they did, the Russians had done, according to him was correct, and I remember pushing back on it, and it was a bit testy on that subject.

MCCAIN: …. Did you raise concerns about Russia’s support for President Bashar Al Assad and his campaign of indiscriminate violence against his own citizens including his use of chemical weapons?

SESSIONS: I don’t recall whether that was discussed or not.

MCCAIN: Did you raise concerns about Russia’s interference in our electoral process or interferences of the electoral processes cause of our allies?

SESSIONS: I don’t recall that being discussed….

MCCAIN: Yeah. In other words, Russia-related security issues, in your capacity as the chairman of the Strategic Forces Subcommittee, what Russia-related security issues did you hold hearings on or otherwise demonstrate a keen interest in?

SESSIONS: We may have discussed that. I just don’t have a real recall of the meeting. I may, I was not making a report about it to anyone. I just was basically willing to meet and see what he discussed.

MCCAIN: And his response was?

SESSIONS: I don’t recall. [all emphases added]

I will just leave that one there.

Chairman Burr ended the hearing with the usual fawning all over the witness for his years of sacrificial service to the country. He then asked Sessions to “work with the White House” to “see if there are any areas of questions that they feel comfortable with you answering and if they do, that you provide those answers in writing to the committee.”

The hearing was held June 13, almost a month ago. There has been no follow-up indication that Sessions has acted on that request and no indication that the Intelligence Committee has pursued him about it.

My overall conclusion about Sessions’ testimony is that he was repeatedly allowed to escape answering hard questions, due largely to ineffective examination by senators who seem either ill-equipped or poorly prepared to go toe-to-toe with a skilled attorney intent upon avoiding political or personal damage arising from his potential complicity in the Trump-Russia collusion scandal. The hearing may yet provide some fodder for Special Prosecutor Robert Mueller’s investigation but nonetheless a real missed opportunity.

Sessions’ Testimony Evaluated – Part 1

Given the speed with which events overrun, and overwrite, memories, I am going to devote a lot of words to the testimony of Jefferson B. Sessions III, attorney general of the United States, before the Senate Select Committee on Intelligence on June 13, 2017. This analysis is based on the transcript of the hearing published at http://politi.co/2rtgQJf with correction of obvious typos. A full evaluation is going to require multiple posts, so please bear with me. I think this worth doing because of the gravity of the issues raised.

Note at the outset one unusual feature of the hearing that distinguishes it from normal investigative legal work: both Chairman Burr and Vice Chair Warner go on at some length to detail the areas of inquiry, including specific questions they intend to ask the witness. This is part of the politesse of the political process that deters the kind of relentless interrogation that true investigative work involves. This was well illustrated when Senator McCain leapt into action to alert the Chairman that Senator Kamala Harris was being too aggressive in her very lawyer-like cross-examination of Sessions about the nature of his preparation, or lack of it, for testifying.

Also of special interest was Warner’s commendation of the Chairman about his remark at the end of the Comey hearing the week before that, given the “pattern of administration officials refusing to answer public, unclassified questions about allegations about the president in this investigation,” it was “not acceptable for [witnesses] to come forward without answers.” Later, Sessions would refuse to answer multiple questions on the grounds that the President should be given a prior opportunity to invoke Executive Privilege regarding answers to questions involving conversations with him and any member of the Cabinet and, likely, any member of White House staff.

Sessions’ opening remarks asserted that he did not remember what would in all events have been a casual contact with Russian Ambassador, and known Russian spy, Sergey Kislyak because they were both invited to Trump’s first foreign policy speech preceded by a private reception for perhaps two dozen people. This description is not implausible in the context of Washington political processes, but the question, not asked by any Committee member, was why was the Russian Ambassador invited in the first place to this small private and exclusive gathering that was attended by Trump himself, however briefly?

Sessions then undertook to address his response to Senator Franken during the AG’s confirmation hearing. The exact question posed, after a short recital of current press reports, was

if there is any evidence that anyone affiliated with the Trump campaign communicated with the Russian government in the course of this campaign, what will you do?”

Sessions never answered that question. Instead, he said:

Senator Franken, I’m not aware of any of those activities. I have been called a surrogate at a time or two in that campaign and I didn’t have — did not have communications with the Russians, and I’m unable to comment on it.

During his Intelligence Committee testimony, Sessions entered a sweeping denial of any discussions with anyone about campaign interference, and a flat denial of knowledge of such conversations by anyone else in the Trump campaign organization. This he remembered quite clearly. Then, referring to Senator Franken’s question about then-current press reports, Sessions said:

That was the context in which I was asked the question and in this that context my answer was a fair and correct response to the charge as I understood it. I was responding to the allegation that surrogates had been meeting with Russians on a regular basis. It simply did not occur to me to go further than the context and to list any conversations that I may have had with Russians in routine situations as I had many routine meetings with other foreign officials.

On its face this is not a completely implausible explanation. However, there are other relevant facts that raise questions about plausibility.

Sessions was sworn in as Attorney General on February 9. His testimony maintained that until his formal recusal on March 2, a period of three full weeks, he received no information or briefings related to the Russia investigation other than discussions related to press reports that might bear on the need to recuse himself.

But, most curiously, Sessions expressly denied that his recusal had anything to do with possible campaign wrongdoing. Instead, he claimed his recusal was based entirely on a federal regulation, 28 CFR § 45.2, that forbids a DOJ employee from participating in a criminal investigation of an organization if the employee had a personal relationship with the target. A waiver is possible if the employee’s superior makes certain findings but there was no chance of a legitimate waiver for Sessions who stated he believed the regulation “required” his recusal. Sessions then declared that such a recusal could nevertheless not be allowed to stop him from running the Department of Justice and, therefore, he acted properly in presenting to the President

my concerns and those of Deputy Attorney General Rod Rosenstein about the ongoing leadership issues at the FBI as stated in my letter recommending the removal of Mr. Comey along with the Deputy Attorney General’s memorandum on that issue…. Those represent a clear statement of my views. I adopted Deputy Attorney General Rosenstein’s points he made in his memorandum and made my recommendation. It is absurd, frankly, to suggest that a recusal from a single specific investigation would render the attorney general unable to manage the leadership of the various Department of Justice law enforcement components that conduct thousands of investigations.

This statement raises more fundamental questions that were never addressed by the Committee.

First, if, as Sessions claims, the recusal was based solely on the “campaign relationship” issue covered by the regulations, why did it take three full weeks for him to recuse himself? The governing regulation is only a few paragraphs and is very explicit. The President was reportedly furious about Sessions’ recusal and tweeted about it. What went on during that three weeks?

Second, whatever the asserted reason for the recusal was, if the recusal was from the Russia investigation, defined as the question whether there were inappropriate/unlawful contacts between the Trump campaign and the Russians, being led by FBI Director Comey, how can Sessions, in the guise of managing the Department of Justice, justify recommending the firing of the person heading the investigation? Sessions appears to believe that he is free to do anything he chooses in the Russia investigation because his recusal was based on something other than his interactions with “representatives” of the Russian government. It is difficult to imagine a court accepting such twisted reasoning which effectively vitiates the recusal as regards anything related to the Trump-Russia investigation.

This concludes consideration of Sessions’ direct testimony. In the next installment, I will take up the questioning by the members of the Senate Intelligence Committee.

Who Is Lying — Donald Trump or Donald Trump?

Who Is Lying — Donald Trump or Donald Trump?

One of the screaming issues of our time is whether and to what extent Donald Trump has had or now has business dealings with Russia.

To understand the answer to that question, it would be helpful to have a look at Trump’s personal and corporate tax returns, but, of course, during the campaign, he lied about his intention to disclose them, then used the bogus excuse of audits as a justification, then argued, illogically, that since he won the election, no one cared any longer about seeing his tax returns. There is no current likelihood that his tax returns will be revealed unless the Republicans in Congress improbably decide it is time to put the country about Republican Party interests.

There is a hint, however, about the Trump-Russia business connection in two videos in which Trump speaks about his business interests in Russia. The first one was recorded in an appearance on the David Letterman show in 2013: http://bit.ly/2qeKJyg. Fast forward to about 14:45 and watch for 15 seconds.

More recently, Trump was interviewed by Lester Holt on NBC Nightly News: http://www.cnn.com/2017/05/11/politics/transcript-donald-trump-nbc-news/

Page 7 of the interview transcript contains this from Trump:

I have no investments in Russia, none whatsoever. Uh I don’t have property in Russia. A lot of people thought I owned office buildings in Moscow. I don’t have property in Russia, and I am uh in very I, I mean it in total compliance in every way. Now I have to tell you uh I file documents, hundreds of pages worth of documents with the Federal Elections Bureau, everybody’s seen them. I built a great company, but I’m not involved with Russia uh I have had dealings over the years where I sold a house to a very wealthy Russian uh many years ago uh I had the Miss Universe pageant which I owned for quite a while, I had it in Moscow long time ago, but other than that I have nothing to do with Russia.

Then decide for yourself whether the liar is Donald Trump or Donald Trump.