A Rough Week for President Trump

With the number of legal proceedings and investigations swirling around president Trump, it’s easy to lose track of developments. But last week saw an extraordinary string of bad news for the president on several different fronts. The president should be riding high this week, with the Republican party nominating him for a second term. But last week was pretty rough.

Photo of president Trump

1. The New York District Attorney Case

As I wrote in my most recent post, Manhattan District Attorney Cyrus Vance, Jr. has been engaged in a year-long battle to obtain president Trump’s tax returns and other financial records. Vance’s office is overseeing a New York state grand jury investigation into potential financial crimes by the Trump Organization and unidentified individuals, likely including Trump himself.

As part of the grand jury investigation, in August of 2019 Vance subpoenaed the president’s tax returns and other financial records from his personal accountant, Mazars LLP. Although this is a state grand jury proceeding, in September 2019 the president filed a lawsuit in federal district court arguing that he was absolutely immune from state criminal process while in office. The U.S. Supreme Court rejected that claim last month. Trump then filed a new complaint, alleging that the grand jury subpoena is overbroad and was issued in bad faith. Vance moved to dismiss that complaint.

The lawsuit by Trump seeks to do an end run around the secrecy protections that surround grand jury proceedings. In an ordinary case, the recipient of a grand jury subpoena is not entitled to go to court and demand details about the scope of the investigation. He may argue the subpoena is overbroad, unduly burdensome, or is otherwise improper. But he may not demand to know the inner workings of the grand jury and the details of what it is investigating. Trump was essentially using his civil lawsuit to seek discovery about the investigation and circumvent these rules.

Trump’s Complaint is Dismissed

In my earlier post, I noted the uphill battle Trump faced and argued Vance was likely to prevail. And last week, the court granted Vance’s motion to dismiss and threw out Trump’s complaint. In a 103-page opinion, Judge Victor Marrero noted that the lesson from the recent Supreme Court decision is clear:

Absent evidence that compliance with a grand jury subpoena would improperly influence or impede the executive branch’s performance of constitutional duties, the President is entitled to claim no greater shield from judicial process than any other person.

The president had not even attempted to argue that the subpoena – directed to an outside third party, not to him – would improperly interfere with his official duties. And because the judge found the subpoena was not overbroad or issued in bad faith, he ruled the president was not entitled to relief and that the grand jury investigation should be allowed to proceed.

Trump has appealed the decision.  As of this writing, the district court has denied the president’s request for a stay pending appeal, and the Second Circuit Court of Appeals will hear arguments on Trump’s motion for a stay on September 1. If the Second Circuit denies the stay, Trump could seek intervention by the U.S. Supreme Court. But grant of a stay by any court seems very unlikely. And in the absence of a stay, Mazars has indicated it will comply with the subpoena. [Update: on September 1 the Second Circuit, in blatant disregard of my prediction, did grant a stay. Arguments on the merits will be heard on September 25.]

In sum, Trump is nearly out of legal options here. He’s managed to delay things for a year, but the New York state grand jury should have his tax returns before long. Grand jury secrecy means they will not necessarily be made public any time soon, if at all. But the possibility of state criminal charges poses a unique threat to Trump: although Attorney General William Barr has shown a remarkably corrupt willingness to protect the president, Barr has no control over a state prosecutor. And even if Trump could pardon himself on his way out of office (an unsettled question), no president can issue a pardon for state charges.  This is an area where Trump’s willingness to abuse the power of his office cannot help him.

Steve Bannon
Steve Bannon

2. The Steve Bannon Indictment

On the same day the judge dismissed Trump’s lawsuit over the Vance subpoena, there was another major legal development with potential implications for the president: federal prosecutors in the Southern District of New York indicted Steve Bannon, Trump’s former campaign CEO and Senior White House advisor, and three other men for fraud and money laundering. The indictment doesn’t implicate Trump directly. But it adds to a long list of people formerly in the president’s inner circle – including former campaign chair Paul Manafort, deputy campaign chair Rick Gates, national security advisor Michael Flynn, and political advisor Roger Stone – who have faced criminal charges. For a president who claims to hire “only the best people,” it is, at a minimum, not a good look.

The Bannon indictment lays out a relatively straightforward fraud scheme. It was spearheaded by Brian Kolfage, an Air Force veteran and Arizona border wall activist. According to the indictment, in December 2018 Kolfage launched an online fundraising campaign called “We the People Build the Wall.” The claimed purpose was to raise money to donate to the U.S. government to help fund the construction of a border wall between the United States and Mexico. The initiative apparently arose after Kolfage was frustrated by the Trump administration’s inability to get significant funding for the wall from Congress. His solution: raise the money from individual donors and give it to the government. Kolfage allegedly promised donors that 100% of the donations would go towards building the wall, and that the money would be returned if that was not possible.

The fundraising campaign was a huge success and quickly raised about $20 million. The online fundraising platform then began raising questions about the campaign and whether the money could actually be donated to the U.S. government as promised. The platform told Kolfage that he had to identify a legitimate, nonprofit organization to receive the funds, or else they would be returned to the donors.

That’s where Steve Bannon allegedly came in. Shortly after he was contacted by Kolfage and became involved, Bannon and the other defendants created a new tax-exempt organization, “We Build the Wall, Inc.”, to receive the donated funds. They then allegedly set about persuading the online site, and the original donors, that the funds should be transferred to this new nonprofit. Among other things, they repeatedly claimed that 100% of the funds would go towards the building the wall and that Kolfage would not earn a penny. They also claimed the new nonprofit had guidelines and oversight in place that would prevent any of the funds from being misappropriated. In reliance on those representations, most donors agreed that their original donations could be transferred to the new nonprofit. The defendants solicited new donations as well, in the end raising a total of more than $25 million.

The indictment alleges that the defendants misappropriated hundreds of thousands of dollars of the donated funds to their own use. Kolfage allegedly received more than $350,000 from the organization, including a $20,000 a month salary despite repeated promises that he would take no salary from the venture. Bannon allegedly received more than $1 million. The indictment charges that the defendants disguised these payments by running them through various other nonprofit organizations and shell companies, and by falsely characterizing them as payments to vendors. Kolfage allegedly used the misappropriated funds for personal expenses such as a boat, home renovations, a luxury SUV, plastic surgery, and personal tax payments. Bannon and the other defendants allegedly used the money for travel, hotels, consumer goods, and personal credit card payments.

The indictment charges the defendants with one count of conspiracy to commit wire fraud and one count of conspiracy to commit money laundering. Both of those crimes carry a maximum penalty of twenty years in prison. If the allegations of the indictment are true, there are no obvious defenses and it looks like a pretty tough case for Bannon and the other defendants.

William Barr
Attorney General William Barr

Why Did Barr Let It Happen?

One interesting aspect of this case is that William Barr’s Justice Department allowed it to proceed. Barr has shown little reluctance about intervening in cases that land close to the White House, including the prosecutions of Roger Stone and Michael Flynn. So why would he green light a prosecution so clearly embarrassing to the president shortly before the election?

There are a few different possibilities. One is that the Southern District of New York “went rogue” and brought the case without informing Barr. This is not impossible – there’s no law that requires the U.S. Attorney to notify the Attorney General about such a case. And the SDNY is famously independent – hence its nickname, the “Sovereign District of New York.” The fact that United States Postal Inspectors were the lead investigative agents on the case, not the FBI (which is part of Barr’s DOJ), might lend some credence to the idea that SDNY was keeping the case under wraps to avoid any interference. But on balance I find this a little hard to believe.

Another possible explanation is that Barr’s efforts to tamp down the case simply failed. When the indictment came down, many people recalled Barr’s recent effort to fire the U.S. Attorney for the Southern District of New York, Geoff Berman. You may recall the odd episode where Barr issued a press release saying Berman was stepping down, which Berman promptly denied. When he did so, Berman expressed concern about ensuring the integrity of ongoing investigations within his office.

Barr had planned to replace Berman temporarily with the New Jersey U.S. Attorney, who is close to Barr, and ultimately with Jay Clayton, the head of the SEC.  They are Trump loyalists who probably could have been counted on to at least slow-walk the Bannon case until after the election, if not kill it entirely. But Berman’s refusal to go quietly ultimately ended in a deal where Barr agreed that Berman’s chief deputy, Audrey Strauss, would step in as the acting U.S. Attorney if Berman left.  And Strauss, a respected career prosecutor, is not on team Trump.

It’s true that Barr still had the power to kill the case. But it’s pretty difficult to do that against the recommendation of an independent, career U.S. attorney. Barr’s intervention would almost certainly have leaked, and that could have ended up looking even worse for the president than the indictment. At least Trump can distance himself from Bannon’s fraud; he could not have readily distanced himself from Barr’s torpedoing the case. In short, perhaps after Barr’s attempt to install “his guy” at the SDNY failed, allowing this indictment to go forward ended up being his best option.

In fairness I should mention a third possibility: perhaps Barr was just playing it straight, not interfering, and letting the chips fall where they may. Perhaps – but his track record does not entitle him to the benefit of the doubt. And there has never been a satisfactory explanation for the immediate need to remove Berman, rather than waiting for his replacement to be confirmed.

What Does the Bannon Case Mean for Trump?

As I mentioned, the case against Bannon does not directly implicate the president. But Bannon was part of Trump’s inner circle for some time. It’s possible he has information relevant to other ongoing investigations – some of which are not public and may be located in the SDNY. If so, Bannon could agree to turn on Trump and cooperate in exchange for leniency. It’s also possible, of course, that Trump could pardon Bannon – particularly after the election – in the hope that Bannon would then keep his mouth shut out of gratitude. But at this point we can only speculate.

In any event, the developments in Bannon’s case should be interesting. Absent a pardon, some kind of cooperation, or other unexpected development, it looks like there is a good chance he will be going to jail.

cover page of Senate Intelligence Committee report

3. The Senate Intelligence Committee Report

Also last week, the Senate Intelligence Committee released Volume 5 of its report of its investigation into Russian interference in the 2016 election. The report is notable not so much for any startling new revelations but because it was issued by a Senate Committee on a bipartisan basis – and that Committee is controlled by Republicans.

The Senate report confirms much of what was already in the Mueller report, although it goes into far greater detail, weighing in at nearly 1000 pages. It devotes more than 100 pages just to discussing Paul Manafort and his ties to various Russian actors, including Russian intelligence officers. Another 100+ pages are devoted to discussing the infamous Trump Tower meeting in June 2016 between members of the Trump campaign and Russians who had promised damaging information about candidate Hillary Clinton. Other people and incidents, including George Papadopoulos, Carter Page, Roger Stone, and Trump’s concealment of his efforts to build a tower in Moscow, also receive extensive discussion.

The detailed information about Manafort and his Russian ties is perhaps the most damning, although again most of it is not new. The report details Manafort’s long-time ties to Konstantin Kilimnik, who is described as a Russian intelligence officer. Among other things, while he was Trump’s campaign chairman, Manafort met with Kilimnik and shared confidential internal Trump campaign polling data. The Committee, like Mueller, could not determine exactly why Manafort shared this information. But Kilimnik was with Russian intelligence and this took place at the same time Russia intelligence officers were actively engaged in a social media campaign to influence the election. Such internal polling data would undoubtedly be extremely useful in determining where to target such social media efforts.

Two conclusions in the report deserve to be highlighted.  First, when it comes to Manafort:

The Committee found that Manafort’s presence on the Campaign and proximity to Trump created opportunities for Russian intelligence services to exert influence over, and acquire confidential information on, the Trump Campaign. Taken as a whole, Manafort’s high level access and willingness to share information with individuals closely affiliated with the Russian intelligence services . . . represented a grave counterintelligence threat.  

Second, when it came to the Committee’s ability to investigate and obtain information from the White House, it noted that the president had made expansive, unwarranted assertions of executive privilege:

The Committee did not anticipate . . . the multitude of novel and unprecedented potential executive privilege claims from the [White House Counsel’s Office] on behalf of members of President-elect Trump’s Transition Team and the Transition itself, for communications before Trump took office. The Committee was surprised by these assertions because they were made inconsistently and because they have no basis in law.

In short, the Republican-led committee agrees the Russia investigation was not a “hoax;” actions of the Trump campaign represented a “grave counterintelligence threat.” And the White House, following a pattern it has exhibited in many other investigations (including the Mueller investigation and the impeachment proceedings) essentially stonewalled the investigation, making it impossible fully to determine what had happened.

Trump and Putin shaking hands

But Was it Collusion?

After 900-plus pages of bipartisan factual analysis, the report concludes with brief statements of “additional views” by groups of Republican and Democratic Senators. The Republicans stated (in bold italics, to make sure you don’t miss it), “the Committee found no evidence that then-candidate Donald Trump or his campaign colluded with the Russian government in its efforts to meddle in the election.”  The Democratic Senators disagreed, concluding that “this is what collusion looks like.”  In other words, the two political parties largely agree on the facts, but disagree over whether they prove “collusion.”

This is a silly, semantic debate. As I’ve argued elsewhere, and as Mueller also noted in his report, collusion is not a legal term. You can define it however you like. If you equate the term collusion with a criminal conspiracy, then it’s true that Mueller – and the Committee – did not find sufficient evidence to prove such a conspiracy beyond a reasonable doubt. On the other hand, if you define collusion as working cooperatively to achieve a common goal,  then there is evidence of collusion all over the place. As the Democrats noted in their separate statement:

The Committee’s Report clearly shows that Trump and his Campaign were not mere bystanders in this attack – they were active participants. They coordinated their activities with the releases of the hacked Russian data, magnified the effects of a known Russian campaign, and welcomed the mutual benefit from the Russian activity.

The bottom line is that a Republican-led Senate Committee has found that the Trump campaign had extensive contacts with Russian individuals including Russian intelligence officers, shared confidential information with them, welcomed Russian efforts to help Trump win the election, built a campaign and messaging strategy around the release of the Democratic emails stolen by Russia, and then failed to cooperate fully in the Senate investigation of those activities.

That should be – or should have been — a major scandal. But again, none of it is really new, and most of it was discussed in Volume I of the Mueller report. The addition of this Senate report is unlikely to have much of an impact on a public that has already largely absorbed these facts and formed its opinions.

But if nothing else, perhaps the bipartisan report will help to undermine Trump’s constant refrain about the “Russia hoax” and the deep state “witch hunt.” Even his own party agrees that the Russia allegations were not a hoax; there was extensive evidence of the Trump campaign’s ties to Russia and that those ties posed a grave threat. There was a more than sufficient basis for the FBI to investigate. The fact that no provable criminal charges resulted does not mean the investigation itself was unwarranted – particularly considering how difficult the White House and others made it for investigators to get the full story. And the fact that the Trump campaign’s conduct ultimately may not have been criminal does not mean that it was okay.

Stephanie Clifford, a/k/a Stormy Daniels

Postscript: More Stormy Weather

I’d be remiss if I didn’t mention a final legal development last week: we learned on Friday that Trump was recently ordered to pay more than $44,000 in legal fees to adult-film actress Stephanie Clifford, known as Stormy Daniels. The fees were from a lawsuit she filed over a non-disclosure agreement with Trump. She signed the agreement in 2016, accepting $130,000 in exchange for her promise not to discuss an affair she had with Trump from 2006-2007.  A California judge agreed that Daniels had prevailed in her lawsuit to void the agreement, and ordered Trump to pay her attorney’s fees.  

One of the charges that Trump’s personal attorney Michael Cohen pleaded guilty to was a campaign finance charge related to this “hush money” payment to Clifford, which he said he made at Trump’s direction.  Possible state financial crimes related to this hush money payment were part of the original basis for Vance’s grand jury investigation in New York. Thus, in the span of a few days last week, Trump’s legal problems came full circle.

All in all, a really bad week.

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Roger Stone Gets His Reward

Last Friday, a few days before Roger Stone was due to report to prison, president Trump commuted his sentence. Stone remains a convicted felon (for now) but will not have to serve his forty-month prison term. Trump’s move was not a surprise; he’s hinted at pardoning Stone for months and it always seemed unlikely he would allow his friend and confidant to actually serve time. But although expected, Trump’s action to reward Stone for his criminal cover-up on Trump’s behalf is still profoundly corrupt. The only consolation is that Trump was forced to act before the November election so voters can respond accordingly.

Roger Stone

Background on Stone’s Conviction

In 2016 Russian hackers stole tens of thousands of emails and documents from the Hillary Clinton campaign and Democratic party sources. In the months leading up to the presidential election, they gradually released those documents via Wikileaks, in an effort to boost the Trump campaign and harm Clinton. Special Counsel Robert Mueller’s team ultimately indicted twelve Russian intelligence officials for taking part in that hacking. Although they documented multiple contacts between Russians and the Trump campaign, Mueller’s investigators did not conclude that anyone in the campaign had actively conspired – or “colluded” – with the Russians concerning the hacking and release of the emails. Mueller did conclude that the Russians perceived they would benefit from a Trump victory and worked to make that happen, and that the Trump campaign perceived that it would benefit from Russia’s actions.

Stone is a long-time Republican operative and advisor to Trump and his campaign. During the fall of 2016, he acted as an intermediary between the Trump campaign and Wikileaks, gathering information about what stolen documents might be released and when. He made repeated public statements claiming inside knowledge of what Wikileaks was doing and claiming to be in touch with Wikileaks founder Julian Assange. The Mueller report documented multiple contacts between Stone and the campaign concerning the Wikileaks releases, as well as Trump’s own knowledge and encouragement of Stone’s efforts.

In 2017, Stone was called to testify before a Congressional committee investigating Russia’s interference in the election and possible connections to the Trump campaign. During his Congressional testimony he repeatedly lied about his role as an intermediary between the campaign and Wikileaks and his contacts with others in the campaign. Over a period of several months he also repeatedly threatened another witness, Randy Credico, trying to persuade him not to testify or to lie to investigators.

Mueller’s prosecutors ultimately indicted Stone for seven felony counts of obstruction of justice, lying to Congress, and witness tampering. A jury in the District of Columbia found him guilty of all charges in November of 2019. The sentencing guidelines in his case called for sentence of about 7 to 9 years. But after prosecutors had filed papers arguing for a guidelines sentence, Attorney General Barr, in an extraordinary personal intervention, ordered the U.S. attorney to disavow that position and seek a more lenient sentence – resulting in all of the career prosecutors withdrawing from the case. Judge Amy Berman Jackson ultimately sentenced Stone to forty months in prison, noting during the sentencing hearing that Stone had been “prosecuted for covering up for the president.”

Stone sought to postpone serving his sentence, citing concerns about his age and Covid-19. Judge Jackson denied his request to delay his report date until September, noting that there were no Covid outbreaks in Stone’s designated prison. Stone was due to report to prison today, Tuesday, July 14. But late last Friday evening, president Trump announced he was commuting Stone’s sentence.

White House Press Secretary Kayleigh McEnany

The White House Statement on Clemency

The official White House statement on this grant of “executive clemency” is, quite frankly, an embarrassment. It reads like a Trump Tweet. It alleges that, “Roger Stone is a victim of the Russia Hoax that the Left and its allies in the media perpetuated for years in an attempt to undermine the Trump Presidency.” It claims that frustrated prosecutors, unable to prove collusion, resorted to “process based charges” borne of “frustration and malice” and a desire for “splashy headlines.” It further claims that, “The simple fact is that if the Special Counsel had not been pursuing an absolutely baseless investigation, Mr. Stone would not be facing time in prison.” And it concludes with one of Trump’s trademark exclamation points: “Roger Stone is now a free man!” (Interestingly enough, though, the statement never denies that Stone committed the crimes for which he was convicted.)

Where to begin? The “Russia Hoax,” of course, was never a hoax. It was a serious investigation into Russian interference in the election and the possible involvement of those in the Trump campaign. Mueller indicted about two dozen Russians for that interference, and documented scores of contacts between Russian individuals and those associated with the Trump campaign.

This should go without saying, but the fact that no campaign officials were charged with conspiring with Russia does not render the investigation itself a hoax. Often the purpose of such a white collar investigation is to determine whether a crime has been committed, when that may be unclear at the outset. There was a more than sufficient reason to investigate, as recognized not only by the Department of Justice but also by both parties on Capitol Hill, who conducted their own probes.

What’s more, as Mueller noted, the fact that witnesses including Stone and the president himself lied to investigators or refused to cooperate impeded the ability to find the whole truth about the Trump campaign’s contacts with Russia. Even if those contacts were not ultimately criminal, Stone’s obstruction kept investigators and the public from learning the full details and the extent to which the Trump campaign encouraged foreign interference in the election. Truthful testimony from Stone also may have indicated that Trump himself lied in his written answers to Mueller, when he denied any recollection of Stone’s involvement with the Wikileaks document dumps. Stone’s stonewalling kept all that information concealed and protected the president.

By the way, speaking of Congressional investigations, contrary to the White House statement’s implications, Stone was not convicted of lying to Mueller’s investigators. He was convicted of lying to a Congressional committee — one that, at the time, was led by Republicans. You might think some of those Republican members of Congress would be concerned about the president granting clemency to a defendant convicted of lying to them and obstructing their investigation. But so far – crickets.

The idea that Mueller was seeking “splashy headlines” is also pretty comical. Mueller was notoriously tight-lipped during the investigation, refusing to speak out even after the investigation was concluded and Attorney General Barr had distorted his findings. In fact, he only now broke his silence in the wake of the Stone commutation, writing an extraordinary op-ed in the Washington Post defending the prosecution and his team from the attacks by the White House. Mueller never sought headlines during his investigation, but Trump’s actions concerning Stone were finally enough to push him over the line.

Attorney General William Barr

Better Ask Barr

The White House might have checked with Trump’s own Attorney General before releasing the statement trashing the Stone prosecution. Attorney General William Barr has shown himself willing to go very far to protect Trump and the presidency, resulting in multiple calls for his own resignation and impeachment. And he did personally intervene in the Stone case, undermining his own career prosecutors to call for a sentence below that recommended by the sentencing guidelines.

But apparently commuting Stone’s sentence was too much even for Barr. He recently said that he thought Stone’s prosecution was “righteous” and that his (reduced) sentence was appropriate. According to news reports, he counseled Trump against commuting Stone’s sentence. It’s hard to know whether such reports are credible or whether Barr is just trying to save face. But regardless, I won’t be holding my breath waiting for Barr to resign in protest.

Roger Stone
Roger Stone

Stone Gets His Reward

Throughout Mueller’s investigation and his own trial, Stone repeatedly and proudly proclaimed that he would never testify against the president. Trump regularly praised Stone for keeping his mouth shut, with Tweets like this:

Just last week, as if to remind the president that he’s been a stand-up guy, Stone said in an interview with journalist Howard Fineman: “He [Trump] knows I was under enormous pressure to turn on him. It would have eased my situation considerably. But I didn’t.  They wanted me to play Judas. I refused.” And now, with the grant of clemency, Stone has been rewarded for his loyalty.

To see how Trump operates, all you have to do is look at how different witnesses from his inner circle were treated. Cohen and former campaign manager Paul Manafort, who ultimately cooperated with investigators, have gone to jail and received no clemency. Cohen was publicly derided by Trump as a “rat.” But Stone, who stood fast and took the rap, found favor with the boss and will never see the inside of a jail cell. The whole thing sounds like the script from a mob movie.

The Potential Crimes in the Commutation

Other presidents have issued controversial pardons and commutations. But Trump’s clemency for Stone is unique in that it so clearly appears to be part of a personal quid pro quo, a reward for Stone’s refusal to cooperate in a case potentially implicating the president himself. This makes Trump’s clemency for Stone not merely unseemly, but potentially criminal itself. Indeed, Barr himself acknowledged during his confirmation hearing that it would be a crime for a president to pardon a witness in exchange for a promise not to testify against him.

As I wrote in this post, one potential crime is bribery. A president who grants clemency in exchange for a witness refusing to cooperate against the president could be guilty of bribery of a witness, in violation of 18 U.S.C. 201(b)(3). The president is providing a thing of value – the grant of clemency – to Stone in exchange for Stone’s agreement not to testify against him. It doesn’t matter that the actual refusal to testify took place some time ago. The crime is the corrupt deal; the president is now simply consummating that earlier, understood agreement.

Another possibility is that Trump and Stone’s actions could be seen as steps in a conspiracy to obstruct justice. It’s the culmination of an ongoing corrupt endeavor to prevent the Mueller investigation and various Congressional committees from learning the truth. Although those investigations are largely concluded, the commutation could be considered an overt act in furtherance of an ongoing conspiracy, lasting several years, to obstruct those investigations.

If Trump loses in the fall, a new Department of Justice could potentially investigate such charges. It’s unclear whether there will be any appetite to do so. The country may just be ready to move on. And of course, Trump may grant a flurry of new pardons after the election – including potentially trying to pardon himself – that could complicate any such efforts.

The Silver Lining – Sort Of

It was inevitable that Trump would spare Stone from prison. If there is a silver lining, it’s that he was forced to do so prior to the election. Trump has been pretty successful at stonewalling and running out the clock on a number of potentially damaging controversies. Although the Supreme Court decided in a pair of cases last week that he does not have absolute immunity from turning over his tax returns to investigators, it looks like he will be able to tie those subpoenas up with further litigation until after the election. Various White House officials, such as former White House counsel Don McGahn, have refused to testify before Congress and those claims are still tied up in court. Lawsuits pending for several years about Trump enriching himself in violation of the Emoluments Clause have yet to produce any significant public information. And although it seems extremely likely that Trump will ultimately pardon his former national security advisor Michael Flynn, that case too continues to slog through the courts and Trump may be able to avoid acting until after the election.

But when it came to Stone, Trump ran out of time. He may still decide to grant Stone a full pardon once the election is over. But for now, he either had to act or let Stone go to prison. Many details about Trump administration corruption and Trump’s personal finances remain hidden, but at least this latest episode of corruption is out there for the voters to see. Trump has to own this one. And in a long litany of corrupt acts and perversions of the justice system by this administration, rewarding Stone for his refusal to “rat out” the president deserves a place near the top of the list.  

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