TRUMP, FLYNN, RUSSIA AND TREASON.

As a result of Federal Court developments last week Michael Flynn, former National Security Advisor to Donald Trump joins Mueller and McGahn as prime targets for Congressional testimony. The former National Security Advisor has rapidly moved very high up in the ratings as an existential threat to Trump.  Flynn’s court appearance revived what has to be lingering in everybody’s mind, namely, what happened to the counter - intelligence investigation that was instituted into Trump very early on his Presidency as to whether he could be influenced by the Russians. Mueller did not report on it and handed it over to the appropriate agencies. The Democratic Leader of the House Intelligence Committee Adam Schiff has demanded, that as constitutionally mandated, he receive that report. That is where Trump’s involvement or non involvement with Russia will really be reflected. Flynn’s court appearance resurrected what this hullabaloo is all about.

Trump has called those that investigated him treasonous. Judge Emmet Sullivan, privy to all that was redacted, characterized what Flynn did as treason and treason just happens to be one of the investigative domains of counter intelligence, which probed President Trump. Trump, for his part, has just continued blocking anyone and any documentation that Congress requests, out of the blue threatening war with Iran and carrying on with trade wars. 

THE WEEK THAT WAS - NOT A GOOD ONE FOR TRUMP

In the week that was the pressure was ratcheted up against Trump and his consigliere William Barr. Riveting details were revealed by Special Counsel Mueller as to what Michael Flynn, Trump’s National Security Advisor had revealed to him with regard to the Russian connection. The Federal Judge, Emmet Sullivan, overseeing the Flynn sentencing ordered the prosecutors to reveal every word Barr had redacted relating to Flynn in the Mueller report. Even more significantly he demanded that the entire transcript of the taped Flynn conversation with Russian Ambassador Kislyak be posted on his website by May 31st. 

Flynn a confidant of Trump throughout his campaign has to know plenty about the black box that represents what transpires between Trump and Putin. Also plenty of the obstruction of justice case against Trump relates to the latter’s desire to keep the world from learning what Flynn knew. In fact as it is all being pieced together Trump trying to keep Flynn out of legal jeopardy is where it all started……

To add exponentially to the POTUS'S woes, Federal Judge Metha fast tracked the court proceedings where Trump had challenged a Congress subpoena demanding his financial records. Judge Metha expressed incredulity at the Trump Counsel’s arguments that the President didn’t have a constitutional obligation to respond to Congressional oversight. Trump’s Counsel pleaded ignorance to the Constitution when asked by the Judge as to whether it was the Trump view that the Watergate and the Clinton investigations were beyond the authority of Congress. Judge Metha stated that he would rule soon. 

This fast track approach jives with the Federal Court System’s approach to the Nixon challenge which might well mean that Trump’s defiance will be decided prior to the 2020 election. Retired Supreme Court Justice Stevens indicated that the Supreme Court would enforce the subpoenas issued by the House of Representatives and who would know better the thinking of at least seven of the nine Judges on that Court than he? 

The next shoe to fall was the Democratic Chairman of the House Intelligence Committee that announced that Cohen’s behind closed doors testimony would be released to the world.

The final cherry on the top for the embattled Trump was the first call by a Republican Congressman, Representative Amish from Michigan, to impeach him. Amish also attacked Consiglieri Barr for misleading the public as to the contents of the Mueller probe.  

AMERICA KNOWS NOTHING OF THE TRUMP - PUTIN DEALINGS.

If one just stops for a second to take in the fact that Trump and Putin have made contact over 20 times since his election and no - one has a clue as to what the content of their discussions really were. In addition The Mueller report reflected a 140 contacts between Trump’s campaign and Russian operatives. Coupling this with incontrovertible evidence that Russia assisted the Trump campaign in a significant way makes what Trump and Putin natter about all that more important to American national security. 

This is all magnified by the open excitement that the Russian help was welcomed, asked for and encouraged by Trump. The fact that there are no details of the President of America’s extensive relationship with a country that is generally regarded as an adversary, is objectively mind boggling. It becomes even more fishy when Trump never includes any American official in his one on one contacts. He once even tore up an American interpreter’s notes.

It still produces a sense of shock that Trump publicly took Putin’s word over his security establishment that Russia were not involved in the interference of the 2016 Presidential election. Mueller has lengthy indictments of Russian front companies and actual Kremlin officials that assisted the Trump victory. But Lindsey Graham and Mitch McConnell say “case closed”. They are not going to relitigate the Mueller investigation. One wonders what it is going to take…..

FLYNN REVISITED - A REALLY IMPORTANT GUY

Just to jostle everyone’s brain soaked memories of the genesis of the Flynn saga Jay H. Ell will sling you a recap. Michael Flynn was a Lieutenant General in the United States Army and was Director of The Defense Intelligence Agency for a brief term till President Obama in 2014 fired him forcing him into retirement. He then joined the private sector and it was only when he became one of the many in theTrump camp with ties to Russia that pictures and video surfaced of him at an event in Russia sitting next to Putin. Flynn had been invited to give a talk at a  very high profile “Russia Today” symposium for which he was paid $45,000. The question is why in G-d’s name him?

He really was prominent on the Trump campaign bandwagon being chosen again and again to introduce him at the Nuremberg style rallies. There was nothing he loved more than leading the faithful in the “lock her up” refrain. He famously claimed that had he done what Hillary had done he would have been locked up long ago.

Now what really makes one take a second peek at Flynn resides in the fact that he was one of only two issues President Obama warned Trump about. The first was the danger North Korea proposed and the second was not to appoint Flynn to his cabinet. The fact that Trump ignored POTUS 44 on both scores is not what Jay H. Ell is reflecting on but why in the grand scheme of things Flynn was coupled with the nuclear threat North Korea projects. Also if Obama wanted to send a message about what he knew of the intelligence of Russia’s interference why choose Flynn as the vehicle unless he was central to the Trump “collusion”.

The next clear messages the workers’ President received about Flynn being compromised and a risk to American security was from the then Deputy Attorney General Sally Yates. She has since testified ad nauseam as to what an existential threat Michael Flynn represented to national security as he could be blackmailed by the Russians. Trump ignored Yates and the intrepid General is photographed in the WhiteHouse Oval Office on the phone with el Presidente for another 8 days. As his involvement with the Russians was leaked by the media Trump was finally forced to fire him, the ostensible reason being that he lied to Vice President Pence about his contacts with “our noble allies - the Russians”.

The same day that Flynn left the WhiteHouse Trump cleared the room and asked FBI Director Comey to stay behind. According to Comey’s contemporaneous notes the President of the United States of America said as follows, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy”.

As the investigation into Flynn proceeded Trump had a joint legal agreement to share information but Mueller put the screws on Flynn threatening to charge his son as well. So Flynn eventually copped a plea to a minimal charge about lying about the conversation he had had with the Russian Ambassador Kislyak following Trump’s victory. 

What is known about that crucial call gives a tantalizing glimpse of Trump’s relationship with Putin. Mueller opens the box a fraction by reporting a conversation between Flynn and his Deputy K. T. McFarland. It is evident that Flynn successfully conveyed a message to the Russians not to respond to Obama’s sanctions for their interference in the elections. The conversation between the two is believed to have motivated Russia’s muted response to the sanctions allowing Trump to speak positively about those who had helped him gain office. There are other details that are available as to the far reaching confab Flynn had with Kislyak but one wonders what Flynn offered as a quid pro quo?

Only Flynn can reveal who detailed him on the agenda and offers to with Kislyak and what the Trump position was to be towards Russia. All this testifying to the centrality of Flynn’s evidence in that “Russia thing”.

The final pointer as to the the significance of Flynn to the Special Prosecutor relates to the lengths he has gone to provide positive character witness evidence to the Court. The Mueller team have gone to bat for him, in a manner rarely seen, to keep him out of jail . (Eat your heart out Cohen). The Mueller prosecutors have provided endless documentation and instances of his co operation and its central importance to their investigation and the indictments arising from it. In their endeavor they have met fierce resistance from Federal Judge Sullivan who is disgusted at Flynn’s “treason” - a term rarely if ever used by a Federal Judge. It remains to see what Sullivan finally decides. In insisting on all of the Flynn misdeeds to be unredacted and demanding that the transcript of the Flynn/Kislyak indaba be publicized, he, at least wants the world to know some of what Flynn and the Administration was up to. 

The strong positions taken by the court and Special Counsel are reflective of witness Flynn’s role in the investigation of Russian interference in the 2016 Presidential election in favor of Donald J. Trump. So he is seen to incredibly important and central from both world views. 

BACKLASH TO FLYNN’S PLEA DEAL 

The fact that Flynn decided to cooperate resulted in massive pressure being put on him from the Trump Administration as well as Congressional Republicans to recant. He reported these efforts at witness tampering to the Special Counsel. Most noteworthy was a voicemail from Trump’s Counsel which on its face is witness tampering and obstruction of justice. Mueller decided not to subpoena the President’s lawyer at the time as he feared it might invoke attorney - client privilege. Mueller once again took the conservative route as there is no privilege where there is criminal intent. The President lawyer’s message in part stated the following, “…..if there is information implicating the President then we have got a national security issue…Just for the sake of protecting all our interests if we can… Remember what we have said about the President and his feelings toward Flynn and that still remains…” .

AT THE END OF THE DAY

This is, as predicted, getting ugly pretty fast. By the by Fox came out with a poll that showed Biden ahead of Trump by 11 points. The latter getting 38% support. The fact that his numbers are once again on the skids, dropping below 40%, is also born out in his approval ratings.

Trump will do all in his power to survive. He will fight Congress in their attempted oversight to the end. He has no rules. The question is how much longer can the spineless Republican legislators hang in. Their response thus far is to join in with Trump and say that the Mueller report is concluded and the real issue is what traitors started this investigation in the first place.

As the days go by it has to be getting harder and harder for Nancy Pelosi to avoid starting an impeachment probe. The turning point would be if the Supreme Court decided that only in an impeachment does Trump have to respond to subpoenas.

This week might see McGahn give evidence and or all hell break loose if Trump hinders it. There is a concept labelled “inherent contempt” which allows Congress to lock up those who defy subpoenas and for other egregious behavior. Barr has to be getting perilously close to crossing that line and even joked about the possibility. The Democratic Establishment would have even less compunction in incarcerating McGahn.

Also arising out of last weeks court proceedings Chairman Adam Schiff will become more and more strident in demanding the counter intelligent report on Trump.

If and when the Flynn tapes see the light of day and they reveal what everyone suspects, that Trump is hand in glove with Putin, the POTUS’S cry from “no collusion” might have to change to “no treason”.