Any proof that Trump knew before he spoke with Comey in February that Flynn had lied to the FBI could bolster obstruction of justice allegations against the president and raise the prospect that he was trying to protect a key member of his inner circle from probable prosecution, said Jimmy Gurule, a Notre Dame criminal law professor and former federal prosecutor.
In fact, there is ample reason to believe that the FBI didn't believe Flynn had lied - i.e., that the Mueller investigation drew an aggressive conclusion about the interview that second-guessed the agents who had actually questioned Flynn and had assessed his credibility based on personal, real-time observation (a point made moot by Flynn's guilty plea, in which he acknowledges lying to the agents).
Trump pointedly ignored questions about exactly when he learned that Flynn had lied to FBI agents in January about conversations Flynn had with then-Russian Ambassador Sergey Kislyak.
One of Trump's attorneys, John Dowd, told CNN on Sunday that he was responsible for crafting the tweet. And one of the advisers, who speaks to Trump regularly, said the president had not discussed with him the possibility of issuing any pardons.
The law is rarely enforced, and it surely sounds absurd to expect an incoming presidential administration to wait until moving into the White House on Jan. 20 to initiate any conversation whatsoever with any foreign government.
Clinton was interviewed by the FBI during the campaign about her use of a private server while leading the State Department, but Trump offered no proof to support his claim Monday.
"We know that [former FBI Director] James Comey was basically letting Hillary Clinton off with nothing but a public slap on the wrist", Shapiro said on "America's News HQ".
"I will say this, Hillary Clinton lied many times to the FBI". With Nixon, hush money paid, telling people to lie, destroying evidence.
"I think if Congress ever were to charge him with obstruction of justice for exercising his constitutional authority under Article II, we'd have a constitutional crisis". Presumably, you wouldn't preemptively make these arguments unless you felt there was a chance charges are coming. By secretly sabotaging a measure designed to protect America's sovereignty in the face of a foreign attack, these individuals acted against the interest of the United States and aided our adversary.
A White House lawyer later said he had written the tweet and that the controversial line had actually been an error. During the meeting, Kushner asked for a secret communication channel between Moscow and the transition team at Russian diplomatic facilities.
"Similarly, it would be unlawful for the president to fire FBI leadership in order to help himself or his friends".
One day after a Flynn contact with Russia, Putin followed the Trump transition's advice; Trump then took to Twitter to praise a "Great move on delay (by V. Putin) - I always knew he was very smart!" "For obstruction of justice by the president, you need clearly illegal acts", said Dershowitz.
"Mr. McGahn asked me how he did [in an interview with agents] and I declined to give him an answer to that", she testified.
Rich Noyes, director of research at the Media Research Center, told LifeZette the media characterization of Trump's tweet may turn out to be correct.
"There's been absolutely no collusion", Trump said over the weekend of a probe he has denounced on multiple occasions as a "political witch hunt".
Pence, who served as head of Trump's transition, has not publicly commented on Flynn's plea.
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