White House counsel felt like the president and others...were using him and his office as scapegoats
White House Counsel Knew in January Flynn Probably Violated the Law
Don McGahn was looking at whether the national security advisor violated federal laws just days after Trump moved into the White House.
http://foreignpolicy.com/2017/12/20/white-house-counsel-knew-in-january-flynn-probably-violated-the-law/?utm_content=buffer1a4c9&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer
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A senior administration official close to McGahn said that the White House counsel felt like the president and others in the administration at times were using him and his office as scapegoats for Trump keeping Flynn, even as serious questions arose regarding his conduct. Trump and others in the administration suggested that McGahn had not done his due diligence
Reince Priebus, then the president’s chief of staff, for example, said on Feb. 19 on “Meet the Press” that Trump did not take sooner action regarding Flynn because “the legal department came back and said that they didn’t see anything wrong.”
The records turned over to the special counsel would appear to contradict such a narrative, according to the two sources. They show that McGahn researched both statutes, clearly raised issues as to whether Flynn possibly violated federal law related to making false statements and also whether he violated the Logan Act, and that McGahn voiced these concerns to Trump after meeting with Yates.
Perjury and obstruction cases depend largely on whether a prosecutor can demonstrate the intent and motivation of the person they want to charge. It is not enough to prove that the person under investigation attempted to impede an ongoing criminal investigation. The statute requires that a prosecutor prove that the person did so with the corrupt intent to either protect himself or someone else from prosecution.
“Obstruction cases are difficult to prove unless you have tangible evidence as to what is in someone’s mind,” said John Lauro, a former federal prosecutor for the Eastern District of New York. “If Trump had any belief that Flynn had lied to the FBI” when he asked then-FBI Director James Comey to shut down the FBI’s investigation of Flynn “that might demonstrate he [Trump] acted with criminal intent.”
The timing of Trump’s efforts could also come into play.
On Jan. 27, almost immediately after McGahn’s second meeting with Yates, Trump spoke with then-FBI Director James B. Comey at the White House over dinner, during which the men were alone and Trump demanded that Comey pledge his personal loyalty to Trump. Shortly after Flynn was fired, Trump in a private Oval Office meeting pressed the FBI director to shut down the investigation of his former national security advisor, according to Comey’s account.
Comey refused to do so, and Trump fired him in May.
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