Trump’s Tightening Legal Noose, by Andrew J. Napolitano

President Trump is not being well-served by his present legal team and may be mounting the gallows. From Andrew J. Napolitano at lewrockwell.com:

The Donald Trump I know is a smart guy who often thinks a few steps ahead of those whose will he is trying to bend. But I lately wonder whether he grasps the gravity of the legal peril that is beginning to show up around him. In the past week, we learned of an unfiltered public confession of frustration and weakness among his lawyers and we learned that his former chief confidant and campaign manager is about to be indicted. This is very bad news for President Trump.

Here is the back story.

Trump has hired two experienced Washington criminal defense lawyers to represent him in dealings with Robert Mueller, the independent special counsel who is investigating what connection, if any, there was between Trump’s presidential campaign and elements of the Russian government. Mueller has apparently struck a raw nerve in the West Wing of the White House, where Trump’s criminal defense lawyers and the White House legal counsel all work.

The nerve was struck over the appropriate response to document requests from Mueller. White-collar criminal investigations, of which this is one, often begin with documents. The government seeks from a potential defendant what it believes is evidence of his crimes from his own records. In the Trump/Russia investigations, Trump’s personally employed criminal defense lawyers have disagreed with the federal government-employed White House legal counsel about whether to surrender everything that Mueller has requested.

The criminal defense lawyers who represent the president as a private person are apparently of the belief that he has done no wrong and the surrendering of documents to Mueller would only confirm that. The White House legal counsel, which works for the presidency as a governmental institution, recognizes that as president, Trump enjoys many privileges, among them the right to keep certain communications secret. That is known as executive privilege. It was crafted by Trump’s predecessors and articulated by the courts to permit presidents to keep from prosecutors and Congress and the public secret communications about military, diplomatic and sensitive national security matters.

To continue reading: Trump’s Tightening Legal Noose

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