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ffr

(22,670 posts)
Sat Jan 12, 2019, 01:10 AM Jan 2019

The core of the Russia investigation is if anyone--Russian or American--committed crimes

What if the Obstruction Was the Collusion? On the New York Times’s Latest Bombshell

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The FBI’s counterintelligence investigation regarding the 2016 campaign fundamentally was not about Donald Trump but was about Russia. Full stop. It was always about Russia. It was about what Russia was, and is, doing and planning. Of course, if that investigation revealed that anyone—Russian or American—committed crimes in connection with Russian intelligence activities or unlawfully interfered with the investigation, the FBI has an obligation under the law to investigate such crimes and to seek to bring those responsible to justice.
<snip>

...if the predicate for the investigation was rooted in substantial part in counterintelligence authorities—that is, if the theory was not just that the president may have violated the criminal law but also that he acted in a fashion that may constitute a threat to national security—that particular legal puzzle goes away. After all, the FBI doesn’t need a possible criminal violation to open a national security investigation.
<snip>

Second, if it is correct that the FBI’s principle interest in obstruction was not as a discrete criminal fact pattern but as a national security threat, this significantly blurs the distinction between the obstruction and collusion aspects of the investigation. In this construction, obstruction was not a problem distinct from collusion, as has been generally imagined. Rather, in this construction, obstruction was the collusion, or least part of it. The obstruction of justice statutes become, in this understanding, merely one set of statutes investigators might think about using to deal with a national security risk—specifically, the risk of a person on the U.S. side coordinating with or supporting Russian activity by shutting down the investigation.

It was about Russia. It was always about Russia. Full stop. - Lawfare

Remember, at the heart of Comey's firing was Stephen Miller's May 8th memo
Mueller Has Early Draft of Trump Letter Giving Reasons for Firing Comey
Mr. Trump was back in Washington on Monday, May 8, when copies of the letter were handed out in the Oval Office to senior officials, including Mr. McGahn and Vice President Mike Pence. Mr. Trump announced that he had decided to fire Mr. Comey, and read aloud from Mr. Miller’s memo. - NYT

Trump, McGahn and VP Mike Pence were all in on the act of firing James Comey, to impede the investigation into Russian election interference.

"...the FBI has an obligation under the law to investigate such crimes and to seek to bring those responsible to justice"
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