White House Watch: Trump Pushes DOJ to Investigate Itself

Donald Trump says he will be “officially” asking the Justice Department to “look into whether or not the FBI/DOJ infiltrated or surveilled the Trump Campaign for Political Purposes.” That’s according to a tweet from the president late Sunday morning, in which he added that he wants to know “if any such demands or requests were made by people within the Obama Administration.”


The Justice Department responded promptly, with a spokeswoman saying the inspector general would take up the issue. “The Department has asked the Inspector General to expand the ongoing review of the FISA application process to include determining whether there was any impropriety or political motivation in how the FBI conducted its counter-intelligence investigation of persons suspected of involvement with the Russian agents who interfered in the 2016 presidential election,” said Sarah Isgur Flores on Sunday. “As always, the Inspector General will consult with the appropriate U.S. Attorney if there is any evidence of potential criminal conduct.” Rod Rosenstein, the deputy attorney general, also issued a brief statement saying that “we need to know about” any inappropriate behavior by the FBI and “take appropriate action” if it took place.

It’s worth reading Benjamin Wittes and Quinta Jurecic at Lawfare for a thorough explanation of what this is all about. In short, Trump’s request begins with the ongoing effort by House Intelligence committee chairman Devin Nunes to get the DOJ to release more information about the nature of the origin of the FBI’s investigation into Trump associates, an investigation which has since been absorbed into the special counsel probe of Robert Mueller. The push from Nunes has been contentious, with the California Republican accusing the department of obfuscation and obstruction. The department has resisted acquiescing to some of Nunes’s requests, including his latest push for information about an FBI source who provided intelligence about Trump campaign officials.

Recent news reports have revealed that source as an American professor in Britain who met with campaign advisers George Papadopoulos, Carter Page, and Sam Clovis. Trump-friendly commentators have referred to this professor as a “spy” who infiltrated the Trump campaign. Some have even gone so far as to speculate the spying was politically motivated. Hence, President Trump’s request.

But it’s worth considering that the president’s tweet is worded in such a way that gives the DOJ the ability to do exactly what it did—punt the question of whether the FBI’s investigation was politicized to the inspector general. He didn’t do what Nunes and other House Republicans have been calling for: a release of the relevant documents to Congress, which Rosenstein and the DOJ have so far stood firmly against.

Could the end be in sight for one portion of Mueller’s investigation? President Trump’s attorney Rudy Giuliani told the New York Times Sunday that the special counsel intends to conclude that segment of his investigation by September 1, provided the president first agrees to sit for an interview with Mueller. From the Times:

Mr. Giuliani sought to frame the outcome of the obstruction investigation as pitting the credibility of one man against another: Mr. Trump vs. James B. Comey, the former F.B.I. director, whom the president asked to end the investigation into his first national security adviser, Michael T. Flynn. The president’s request is one of the main episodes Mr. Mueller is examining to determine whether Mr. Trump had criminal intent to obstruct the Russia investigation.
“We want the concentration of this to be on Comey versus the president’s credibility, and I think we win that and people get that,” Mr. Giuliani said, adding that he also hoped that the Justice Department would open a criminal investigation into Mr. Comey for perjury and his role in the disclosures to The New York Times last year about his encounters with the president that prompted Mr. Mueller’s appointment.
Mr. Giuliani said Mr. Comey had damaged his credibility during his recent book tour and was an unreliable witness. Mr. Trump’s lawyers have long said that Mr. Comey’s accounts of their interactions, described in contemporaneous memos and congressional testimony, cannot be trusted.


One More Thing—Ted Olson, writing in this week’s issue of the magazine, on the potential clash coming if the special counsel tries to compel President Trump to testify before a grand jury. Here’s an excerpt:

The president is not “above the law”; there are many court decisions saying so. But the Constitution is part of the law, and it makes the president the sole repository of the executive power of the United States. He is therefore not just like any other citizen.
As things now stand, Mueller has not made, or even attempted to make, a record to explain why he would be justified in invoking the power of the judiciary to compel the president to show up before a grand jury—without a lawyer—and answer whatever questions Mueller and his army of prosecutors may put to him.
Two Supreme Court decisions have been cited by some commentators as precedents authorizing compulsive judicial authority to force a president to testify before a grand jury. But neither case goes nearly that far. Indeed, both decisions are explicitly limited to the unique circumstances that gave rise to them.


Ambassador Watch—Trump announced Admiral Harry Harris as his nominee for ambassador to South Korea on Friday. The United States has been without an ambassador to Seoul since Trump took office, a fact that has frustrated the South Koreans as tensions have risen with North Korea. One potential nominee, Victor Cha, was withdrawn earlier this year.

A White House source says the Senate confirmation process for Harris will likely be prioritized in light of the upcoming summit in Singapore between President Trump and North Korean dictator Kim Jong-un.

The Trump administration softened its trade rhetoric on China Sunday, with Treasury secretary Steven Mnuchin saying that “We’re putting the trade war on hold.” Appearing on Fox News Sunday, Mnuchin said that the two superpowers had agreed to drop previously proposed tariffs, potentially bringing to an end trade tensions that had blossomed between the two countries in recent months. According to Mnuchin, China has also agreed to buy more goods from the United States, a nod to the issue of trade deficits that has chafed President Trump since he took office.

“I’m pleased to report that we have made very meaningful progress, and we agreed on a framework, which is important to understand,” Mnuchin said. “And the framework includes their agreement to substantially reduce the trade deficit by increasing their purchases of goods. We also discussed very important structural issues that they are going to make in their economy to make sure that we have a fair ability to compete there, and also protections about technology, which have been very important to the president.”

At the same time, the president’s top economic adviser hastened to add Sunday that Trump has not completely abandoned his economic leverage against China. Larry Kudlow cited the administration’s ongoing actions against Chinese cell phone company ZTE as evidence that Trump was continuing to take a hard line against China in certain venues. “If any of the remedies are altered, they are still going to be very, very tough, including big fines, compliance measures, new management, new boards,” Kudlow said. “The question is whether there are perhaps some small changes around the edges. I think President Trump is doing this because there’s some very good feeling between him and China.”

Congress Watch—My colleague Haley Byrd reported Sunday on a plan being considered by House majority leader Kevin McCarthy to oust Paul Ryan from the speakership earlier than the outgoing speaker’s end-of-year plan. One interesting detail: President Trump himself has been briefed by the idea, though hasn’t gone so far as to endorse it yet.

Song of the Day—“Would You Go With Me” by Josh Turner

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