Jay Sekulow: This Is A Manufactured Investigation

Cheryl Sanders
June 20, 2017

Foolishly allowing himself to be baited by a Washington Post report that special counsel Robert Mueller is now weighing whether the president committed an obstruction crime, Trump tweeted: "I am being investigated for firing the FBI Director by the man who told me to fire the FBI Director!"

The Washington Post subsequently published a story based on anonymous sources from unnamed government departments, which claimed the president is now being personally investigated by the special counsel's office for obstruction of justice. What journalists focused on like a laser on was the first four words of the president's tweet: "I am being investigated".

On CNN's "New Day", Sekulow argued that the president was not under investigation, despite his tweet and the Post report, because the White House hadn't been told that was the case. Let me clear. The President's not under investigation. I don't tell him what to write or not write.


An official close to the president disputed that, saying Mr. Trump is pleased with Ms. Gorelick's representation of his son-in-law. Ledgett wrote a memo, according to the source, documenting a conversation in which the president allegedly urged Rogers to help get the FBI to lift the cloud of the Russian Federation investigation. As Salon's Heather Digby Parton points out, Sekulow's wife, brother, sons and sister-in-law "dominate the boards of both organizations" in an arrangement not dissimilar from how Trump ran his business and, to a lesser extent, the White House. "#MAGA", Trump tweeted on June 15.

Representative Adam Schiff of California, the top Democrat on House Intelligence Committee, said last Sunday that Trump and his personal attorney are trying to "take down" Mueller before he finishes his investigation.

The primary problem with the current partisan fixation on obstruction of justice potentiality is that the required "corrupt intent" can not coexist with the defined constitutional power of the presidency; this is because, as head of the executive branch, the president's authority to remove the Federal Bureau of Investigation director is a plenary discretionary one, meaning that it is a complete and absolute power to take such action. Robert Mueller, right, testifies before the Senate Judiciary Committee on June 19, 2013. Marco Rubio said Sunday that he does not expect Trump to seek to fire them.


"I don't believe it's going to happen".

In testimony before the Senate Appropriations Committee last Tuesday, Rosenstein pledged that Mueller would maintain his independence. Angus King, an independent from ME, stressed that the probe will likely last for a long time. He added: "A lot of people have said, 'When do you think you'll be done?' Maybe the end of the year".

It's too early to say for sure what legal strategy his team will settle on, especially since the full contours of the probe aren't known and no public allegations have been levelled by investigators. Politico reported last Saturday the White House plans to work with Republicans in the House to make changes to the bill, which curbs Trump's ability to ease penalties against Russian Federation.


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