Discussion: What A Legal War Between Mueller And Trump Will Look Like

3 Likes

What is the over/under on how long Emmet Flood lasts?

16 Likes

ā€œFasten your seat belts folks. Itā€™s war. I know Emmetā€”in fact, he briefed me during the Bush to Obama transition when I was coming in as special counsel & he was headed out. Heā€™s one of the very best. This will be a fight for the ages.ā€
Ya but those were rational people
Unless you lock Donnie in a room and take away his phone , the orange idiot will sink any advantage Flood might have .
Sorry Flood, you will leave frustrated and embarrassed like all before you . He doesnā€™t just set himself up but drags down all who come near

46 Likes

3 weeks or the first twitterstorm directly contradicting what Flood says .
Whichever comes first

19 Likes

He will be gone by Labor Day, it wouldnā€™t surprise me if he is gone by Memorial Day,

14 Likes

In Scaramucci time? Maybe 3 to 4.

16 Likes

Is there some indication that DT will cooperate with his lawyer this time? This is the reason the ā€œbest peopleā€ wonā€™t have anything to do with him. Rex T. summed it up pretty well.

23 Likes

Or Trump doesnā€™t pay Floodā€™s first bill. Or Flood says something nice about Hillary.

8 Likes

Sadly, Flood will be representing the Office of the President, not Current Occupant personally (Ghouliani is among his collection of personal attorneys). That means Flood gets paid by taxpayers, not Spanky, so no worries for him on the payment side.

25 Likes

Starting the pool, Iā€™m guessing Flood last about four months before he calls it quits because of Donnie being a PR nightmare

8 Likes

Well done piece, Tierney, as we all take a deep breath and count the number of seat rows to the nearest exit door.

16 Likes

If Flood didnā€™t insist on $5M up front he is a frigginā€™ bonehead.

ETA: he may be paid by taxpayers but I canā€™t believe heā€™d do this work for only senior exec service type pay.

3 Likes

He wonā€™t be subsisting on a GS salary: heā€™s a partner at Williams & Connolly, which apparently has the highest starting salary for new associates, so heā€™s making mega-$$$ from that. This is just an assignment ā€“ but one which would bring both the law firm and him personally incredible recognition (had you heard of him before this? I hadnā€™tā€¦). As partner, he gets more $$$ when the law firm brings in new, well-padded clients because of his visibility. Plus his own hourly rate increases through such stuff. This is a rain-making move for him.

ETA: oh, yeah, and itā€™s a no-brainer for him basically: 1) heā€™s fighting for the office, not the occupant (distance from Spanky), 2) if he gets fed up with Spankyā€™s volatility and leaves, nobody is going to blame him because Spanky, and 3) his visibility just shot up through the roof and that ainā€™t going to go away any time soonā€¦

26 Likes

While it would be entertaining if yet another ā€˜sensible personā€™ jumped ship, is it possible that Flood would sign on to this if he thought it was broadly more important to be part of a case that could potentially help define the boundaries of executive power/privilege? Based on Tierneyā€™s piece it seems like thatā€™s a possibility here (not to mean for Flood in particular, but for the potential ā€˜constitutional crisisā€™ in general).

10 Likes

I dunno, but just thinking that Floodā€™s obligation is to the office, not the man.

What happens when the man is in conflict with the office that he holds? Flood may resign, but otherwise this becomes an interesting conflict.

2 Likes

The defense strategy here is just to play for time. If nothing else, the five year statute of limitations is running, so past conduct is becoming barred with each passing day.

3 Likes

the seismic activity on the political Richter scale of the president of the United States asserting the Fifth Amendment in a criminal case ā€” I canā€™t even imagine it,ā€ said Andy Wright, who served as counsel for President Obama and for Vice President Al Gore.

This is wishful thinking. Trump is a cult leader. He daily destroys norms and rules applicable to any other president. The sheer frequency and gravity and brazenness of his misdeeds acts as his own protection. Seismicity is his whole thing. Only days ago we learned that he authorized a goon squad to forcibly trespass upon and steal his medical records from his doctorā€“who, we learned, heā€™d conspired with to perpetrate a shocking fraud on the public about his health. It is literally a case of daylight robbery. People laughed and forgot about it within 48 hours. No consequences. So presumably Trump will fight the subpoenas and, if he loses that battle, heā€™ll take the Fifth (although I suspect that taking the Fifth is Trumpā€™s least favorite option). Berlusconi did that stuff for years.

Mueller will steam ahead in any case. Presumably heā€™ll report his findings on obstruction and Trump-Russia irrespective of any failure on Trumpā€™s part to explain himself. He wonā€™t wait for the legal battle to play out. He may even not go down the road of fighting a battle over subpoenas, for the simple reason that he already has enough. Trumpā€™s obstruction of justice has been plain and obvious for a long time. Of course Trump fired Comey to get the FBI off his back. He said so himself.

But even if Mueller formally reports that there is a strong prima facie case of obstruction that would ordinarily give rise to a prosecution, it may not matter. Itā€™s not as if Trump has shot anyone in the street or burgled his own doctor or run a fraudulent university. (Oh.) And the GOP is now basically a corrupt and semi-criminal organization with no idealistic attachment to the rule of law. The GOP base wonā€™t give a shit, and neither will their electeds.

Russia is a different matter. Thatā€™s pretty serious and substantive on any view. But it would have to be a smoking cannon of conspiracy for Trump to go down in flames. Already weā€™re being told that mere electoral collusion (ā€˜dirtā€™) is hardly the end of the world.

Finally thereā€™s money laundering and any other crimes arising from the Cohen connection. Mueller seems to have let the NY prosecutors deal with that. That could be very big. Cohen and Trump are career criminals.

The point is that the ā€˜legal warā€™ mooted by this piece is likely to be consuming but beside the point. The most effective way to defeat Trump is to vote him and the GOP out. I personally think that from a purely electoral point of view, impeachment would be counterproductive. Better to win in November, tie him and his cronies up in investigations, and only impeach of there is a very clear Russian or mobster connection. And once heā€™s out of office, of course, he goes down. He gets no special treatment or legal defensesā€“although we cannot rule out an epilogue in which a self-pardon is litigated.

41 Likes

What actions have a 5 year statute of limitation?

1 Like

Emmett Flood has been around. He helped Clinton during his impeachment and did the response to Ken Starrā€™s report. He was involved in the Bush White House. He refused to get involved while Trump had certain lawyers working for him.

I think he knows what heā€™s getting himself into and since heā€™s working for the White House and not Trump it appears that heā€™ll be working to give Trump as much legal cover as possible and then the chips fall where they fall after that.

My guess is that heā€™s in it for the durationā€¦I could be wrong. Itā€™s hard to predict anything for certain with Trump. But Flood is a fighter and Trump likes that.

3 Likes

They donā€™t make enough popcornā€¦

2 Likes