Government

Mueller Subpoena Of Trump Business Records Isn't Crossing A Line, It Isn't Even Surprising

Not that Trump has shown any respect or even basic understanding of the investigative process.

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Let’s just take a step back for a second. I know a lot of people think that Donald Trump personally colluded with or ordered collusion with Russians to influence an American election, despite not really having any hard evidence to support the claim. I know a lot of other people think that there is “no collusion between TRUMP and RUSSSSSSIA,” despite, you know, all circumstantial evidence to the contrary. But whatever side of the aisle you fall on that, it is now incontrovertible that some people, knowingly or unknowingly, helped Russia meddle in our election. Already, 22 people or entities have been charged with serious crimes. Some have already pleaded guilty.

Getting to the bottom of what happened was always going to include taking a look at Trump Organization business records, because so many of the people involved worked for Trump. Potentially, Russian operatives made payoffs or were paid off to or through the Trump Organization. We know Trump lawyer Michael Cohen has been a focus of the investigation, not because he played bag man for Stormy Daniels, but because of his shady land dealings. But Stormy Daniels is relevant (sadly) because thanks to her, we know that lawyers working for the Trump Organization have been involved in payoffs before.

This investigation was ALWAYS going to include business records from the Trump Organization. Ty Cobb knew that was coming. Even the Trump Organization knew that was coming. Anybody who is not an idiot knew that was coming.

I don’t know if Donald Trump knew.

But now that we’re here, I feel like it’s important to tighten up the breathlessness around this subpoena, which we only know about because of a leak to the New York Times. I mean, for Robert Mueller’s job security if nothing else, let’s do a close, lawyer read on the actual news broken by the Times:

The special counsel, Robert S. Mueller III, has subpoenaed the Trump Organization in recent weeks to turn over documents, including some related to Russia, according to two people briefed on the matter…

The breadth of the subpoena was not clear, nor was it clear why Mr. Mueller issued it instead of simply asking for the documents from the company, an umbrella organization that encompasses Mr. Trump’s business ventures.

Here’s what I picked up on:

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  • Recent weeks: The subpoena was already issued. Arguably the Trump Organization is either already in the process of complying, or already fighting it in non-public hearings. If a “red line” was crossed, it was crossed, and acceded to, weeks ago.
  • The breadth of the subpoena was not clear: I’ve already seen people reporting that Mueller subpoenaed “all documents relating to Russia.” That’s NOT what happened. That would be ridiculous and overbroad, and nothing Mueller has done has suggested that he’s a drooling idiot. Most likely the subpoena was targeted request. These subpoenas are coming near the end (we think) of the investigative process, or at least we’re not at the beginning. I think it’s unlikely that this is a fishing expedition. Mueller wants to know something specific.
  • Instead of simply asking for the documents: The fact that the Trump Organization wouldn’t hand over these documents willingly could be very significant. Mueller could be honing in on one actor or one set of transactions that Trump Organization lawyers perceive as a real threat to the company. The Trump Organization, as far as we know, has been cooperating this whole time. For them to not roll over, on these particular documents, well hell, now I want to see them too.
  • Mr. Trump’s business ventures: Folks, this isn’t necessarily bad for Donald Trump. Rarely does a CEO get tagged for all the shadiness that happens at his company. We’ve seen from previous indictments that the concept that Trump people were unwitting morons is well considered by Mueller’s team. For all we know these requested documents could directly speak to how Russia pulled off and paid for this attack on America, while at the same time exculpating Trump himself from any direct knowledge. Mueller’s trying to find what he’s looking for, and that might not at all be what you’re looking for.

If you believe that President Trump has known about the subpoenas for weeks, understands that they are of limited scope, wants to uncover how the Russians attempted to influence our election, and has nothing to hide because he’s been acting in good faith all this time, then the Mueller subpoenas aren’t really a big new turn in the Russia investigation. They’re just something that was always going to happen and, if anything, herald us getting closer to the end of this process.

If, on the other hand, you believe that President Trump only learned of the subpoenas when somebody mentioned it on Fox News, that his company is less like an “umbrella organization” and more like a rock protecting an army of cockroaches, and that Trump knows he’s guilty and will use whatever power at his disposal to hang onto his office for as long as he can draw breath… well sure, red lines have been crossed, red phones are ringing, red rum is being scrawled in lipstick across the Lincoln bedroom.

I’m not worried about Robert Mueller’s job security as long as the Confederate Attorney General is still around. And the pretext Trump needs to fire Jeff Sessions probably can’t be something that Mueller is doing. That would defeat the point of a pretext.

I know it’s dangerous and, frankly, foolish to apply rational self-interest rules to Donald Trump, but I don’t think this subpoena, or more accurately, the leak of the existence of a subpoena that was issued some weeks ago, will lead to Robert Mueller’s firing.

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Mueller Subpoenas Trump Organization, Demanding Documents About Russia [New York Times]

Elie Mystal is the Executive Editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at [email protected]. He will resist.

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