TRUMP IMPEACHMENT FANTASY FIZZLE COMEY FLYNN MEMO INSUFFICIENT
First off is it possible that Trump asked Comey to stop investigating Flynn? Yes. Is that automatically impeachable? No. It would require significant evidence to support “intent” on behalf of Trump to take more affirmative action to stop the investigation of Flynn. More simply a simply statement alone would not in itself show intent to obstruct Justice. Then there is the matter of the memo which was written. The memo was written over three months ago following a private meeting with Trump. Comey wrote a post meeting memo. That memo is evidence under the Federal rules of Evidence as an exception to the Hearsay Rule. TRUMP IMPEACHMENT FANTASY FIZZLE COMEY FLYNN MEMO INSUFFICIENT.
Let’s connect the Impeachment Dots:
Trump makes a request of Comey to stop investigating Flynn. This is presumed to be a Criminal Investigation. Comey writes a post meeting memo as was his custom. That memo is qualified evidence. Comey does not report this Trump request to the Justice Department as an attempted obstruction of Justice. Had Comey perceived Trump’s request as an attempt to Obstruct Justice he would have been required to report that immediately to the Attorney General. Comey never reported the event to the Justice Department. If Comey fails to report what he thinks is an attempt at Obstructing Justice Comey is guilty of a criminal charge under 18 USC 4 and 28 USC 1361.
Specific Intent REQUIRES a direct ACT of plausible obstruction not mere words. The act must have a direct Nexus to Obstruct Justice.
Comey could say he did not report the Obstruction because he was afraid of losing his job. That would be a criminal violation on Comey’s part. The excuse would be unavailing since Trump waited three months to fire him and there was not a chance the investigation against Flynn would be halted.
Trump could say firing Flynn as he had done for failing to disclose conversations Flynn had with the Russians should be punishment enough and that the FBI shouldn’t be punishing a former War Hero needlessly. That is simply not an impeachable offense. It fails intent entirely let alone the specific intent act!
Intent would have to be a specific ACT in the direction of blocking the investigation of Flynn such as cutting off the FBI funding or immediately firing and hiring a partisan FBI director that would play ball with Trump. That never happened. That’s the end of it.
Trump’s list of FBI Director choices however comes peerlessly close to a political appointment. Nevertheless that Appointee would have to stop the Investigation of Flynn.
That said, we are not fans of Trump’s big mouth.
Nor do I think Trump should have had any private conversations with Comey ever. Trump’s stupid. Maybe Trump was trying to manipulate Comey. I wouldn’t doubt it for a minute. Trump thinks he can manipulate everyone. He is one of these fools that thinks he is more cleaver than the next. He inherited his money from his Father and has delusions of his own intelligence.
Should Bill Clinton have had a private meeting with Loretta Lynch on the Tarmac when Hillary was under investigation by the FBI? No. It just looks bad. But is it criminal Obstruction of Justice. No.
What if Bill Clinton had promised Loretta Lynch the Attorney General post under a Hillary Administration if she did not prosecute Hillary? That’s a bribe. Lynch would have to report that immediately or face criminal charges herself. But what if Bill Clinton a cagey lawyer said, “I think you are doing a great Job and if Hillary gets elected we sure hope you will stay on as Attorney General.” Is that Obstruction? No. That statement is way too vague. It is not a bribe. It promises nothing in exchange for anything. The inference could be there but the language clearly skirts the requirement of specific intent which is an act.
Trump is a yapper:
Talk is so cheap and so voracious as to be nearly meaningless. Unless there is a tape of the conversation that indicates a lot more than I have presented then there is no case for impeachment. When push comes to shove Trump can always claim his inquiry was simply he did not think the FBI was being fair to Flynn. That would be the end of it.
But is Trump protesting too much?
After firing COMEY, Trump started getting paranoid. He Twittered
James Comey better hope that there are no “tapes” of our conversations before he starts leaking to the press!
This is a very interesting Twitter. It implies that Trump has tapes or is concerned that Comey will say something that Trump doesn’t want said. It also doesn’t allude to which Comey Trump Conversation Trump is howling about. If this is the Flynn Conversation then Trump is sending a warning shot over COMEY’s bow.
Is it possible that Trump recorded his meetings with COMEY? Yes. It is also possible that Trump is bluffing? Yes. Which is more likely? I call it a bluff. Trump smells the possibility of impeachment but he dodges this bullet. I guess his Doctorate of Law from Liberty University is like a degree from Trump U.
Trump also claimed that he had intended to fire Comey before Trump took office. This is a form of subterfuge that a criminal investigator would consider as a distortion of the time frame. Why then would Trump wait three months after he met with COMEY for a second time to fire him? If he had intended to fire him why didn’t Tump ask for his resignation in January. Instead Trump meets in private with COMEY and ask him to back off Flynn. I think Trump was in fact trying to sway COMEY. It’s a “he said, he said” thing unless you actually have a transcript of a tape. That is not evidence enough.
The Drive-by-Media loves this story.
It’s a headliner. The stock market tanked over 260 points! I enjoy watching Trump and his Administration sweat over Trump’s big mouth. Trump is as rude as they come. While he should have fired Comey in January before meeting with him, Trump thinks he can play anyone. The media is having a lot of fun at Trump’s expense.
I am most certainly buying in the markets today. Goldman’s greatest fear is that there will be no corporation tax cuts or Healthcare Tax Cuts for the super rich.
McCain piled on today saying Trump Scandal has reached “Watergate Size and Scale!” Whatever that means. McCain’s a traitorous loser.
I always remind myself with each McCain insult that Trump endorsed McCain and Ryan in the last election. As Trump has vacated and betrayed his base and become the Bush Third Term, that is still not enough for McCain. The press is having a field day with the hapless Trump and this should make for some buying opportunities in the stock markets which are frothy from the Trump promises of insane government spending.
As for Comey, he remains cagey. He will soon have the spotlight he loves, the limelight!
COMEY hasn’t spoken to anyone about the Memo. He likes an audience and is expected to disclose the matter in an upcoming congressional hearing. Its all just such great political theater. And its all fake. Comey is going to try to come off as the sympathetic decent guy just to contrast against Trump’s more or less constant indecency.
While I think Comey should have been replaced in January before any meetings, I also think the Trump firing of Comey was a showcase of the most rude and callus behavior possible. In Trump’s world there is no insult too great that you can’t heap worse on somebody for no reason. Comey found out about his firing by the TV media that was playing on Monitors behind a stage were Comey was addressing FBI personnel. That is how Comey found out he was fired. Trump’s conduct as a human being is beyond the pale. He is crass, rude and as Ann Coulter called it, “Grotesque.”
Trump will not be impeached over the firing of Comey.
He will dodge this bullet. But the simple truth is that Trump will eventually destroy himself. He is vulgar beyond comprehension. Nobody trusts him. His word is garbage. For the Republicans and independent’s that thought Trump was telling the truth on the campaign trail, he lied right to your faces. He is now a RINO neocon of the worst order. Democrats should be delighted with him, IVONKA and KUSHNA. They are sinking this country fast.
To the libs that just can’t wait for COMEY to Testify on this Impeachment Event:
Comey already testified under oat for the Senate Judiciary Committee on May 3rd, that he had not been pressured to close an investigation.
But but but… don’t tell the Democrats since they are still hoping for some COMEY fireworks. Won’t happen.