Flynn, President Trump, Manafort discussed on Mueller, She Wrote
All right welcome back. Let's hit the analysis of section. I'm Jay as John on page one thirty one and let's begin with the obstructive act as we always do we don't want I I think the reason we don't mix these up Jordan. It has something something to do with what you're saying. The Obstructive Act begs the next which begs the intent and so I think that's Kinda the order and that's why he put them in this order smart smart fella see so so the president's actions towards witnesses in the special counsel investigation would qualify as obstructive if they had the natural tendency to prevent particular witnesses from testifying truthfully or otherwise Hawaii would have the effect of influencing delaying or preventing their testimony to law enforcement so he defines that and with regards to flynn the president sent private and public messages to flint encouraging him to stay strong and conveying that the president still cared about him. I still care she thinks I still care pair. I don't watch swingers the other night sorry so he did that before he began before. Flynn began to cooperate with the government when Flynn's attorney's withdrew from the joint defense agreement with the President Signaling Flynn was potentially cooperating with the government trump's personal council initially reminded Flynn's Council of the President's warm feelings towards Flynn and said that that still remains but when Flynn's Council when Flynn's Council reiterated that Flynn could no longer share information under a joint defense agreement the personal counsel stated dated that decision would be interpreted as reflecting Flynn's hostility toward. I'm GonNa tell on you basically and that sequence of events could have had the potential to affect Flint's decision to cooperate as well as the extent of that cooperation because of privilege issues however we could not determine whether the president was personally involved called in or knew about the specific message his council delivered to Flynn's council so basically we can't check off the Flynn Obstructive Act box because we can't prove because of privilege and this is one of those things were were muller was like people didn't cooperate they plead the fifth they invoked privilege. This is one of those instances awesome because of privilege. They couldn't determine that trump knew about the message that voicemail that dowd left yeah that privilege saves him it did so so the joint defense agreement was the reason why Flynn's lawyer said they couldn't hand over documents to trump because it would implicate the other folks that were involved in the joint defense agreement. We'll win flint pulled out of the joint defense agreement and was cooperating with the government. That's why Flynn couldn't give any information to trump because they're no longer in the joint defense agreement because we're we're cooperating now and we can't tell you anything got it and and so when dowd left that voicemail basically threatening you know you don't want me to tell on you. Let me put put this in starker terms. We need to know what's going on. You have to tell us what you're telling him and he's like I can't tell you it's we aren't joint defense agreement anymore. We're cooperating with the government. It's part of the cooperation deal. Who is he in the joint venture with sorry? I'm blanking and trotting. Oh Okay trump manafort flynn all those fuckers joint defense agreement. Okay got it so long ago yet a long time ago so anyway because of the the the the couldn't prove of because first of all they didn't interview trump and second of all because of you know lying Liars River Bridge Yeah. They couldn't prove that trump knew that doubt left that voicemail for Flynn's lawyer yeah sure he did but they they don't have that evidence so we can't check the box for this for Flynn for obstructive acts but manafort on the other hand Muller reiterates all the things trump had said to the public throughout his indictment manafort indictment trial conviction is guilty plea his plea agreement his breach of his plea agreement we've already covered that in detail and then Muller says there is evidence evidence the president's actions had the potential to influence manafort's decisions whether to cooperate with the government or not muller then says the president's public statements during the manafort trial also had the potential to influence -fluenced the trial jury on the second day of trial for example the president called the prosecution a terrible situation and a hoax and that continues to stay in our country and referred to Manafort the fort as a Reagan Dole Darling who is serving solitary confinement even though he was convicted of nothing and those statements were widely picked up by the press while jurors were instructed not to watch or read the news stories about the case and presumed to follow those instructions the president's statements during the trial generated substantial media coverage that could have reached jurors if they happen to see the statements or learn about them from others and the president's statements during jury deliberations that Manafort happens to be a very good person and it's very sad what they've done to him had the potential to influence jurors who learned of the statements which the president made just as jurors were considering whether or not to convict to require him so because manafort had a trial and there was a jury now you're Talkin Doc and obstruction of justice or obstructive act and changes the game and then Muller addresses the stone stuff but that's all redacted and I particularly think it would ah influence the stone stuff because stone is going to trial and so that is same along the lines of Manafort but Flynn not so much flynn didn't have a trial and we couldn't prove that that voice mail was left that dangling pardon voicemail that trump knew about it so check the boxes for obstructive act for Manafort for sure stone I think but that's all redacted then we're on the next to a preceding and muller concluded that the President's actions toward Flynn manafort and redacted stone appear to have been connected to an official proceeding for all all three dudes so check that box on the nexus for all three and then onto intent muller says evidence concerning the President's intent related to Flynn is inconclusive as as previously noted because of privilege we do not have evidence establishing whether the president knew about or was involved in this communications with Flynn Council from dowd seems seems like if Dow didn't tell his client that he was doing that that that he be disbarred for that but it seems like a big ethical problem you have a whole administration evidence concerning the conduct towards Manafort does indicate trump intended to encourage manafort not to cooperate with the government before manafort was convicted. The president repeatedly stated that Manafort had been treated unfairly one after Manafort was convicted on eight felony charges and potentially faced a lengthy prison term. The president said the MANAFORT was a brave man for refusing to break and that flipping almost ought to be outlawed and at the same time although the president had privately told aides he didn't like manafort publicly called Manafort a good man and said he had a wonderful family and when the president was asked whether he was considering a pardon the president did not respond directly and instead said had great respect for what Manafort's done in terms of what he's gone through the president added some of the charges ages they threw against him every consultant. Every lobbyist in Washington probably does in light of the President Councils pre the president's Council's previous statements that the investigations might get cleaned up with some pardons and pardon would be possible. If the president comes to the conclusion you've been treated unfairly the evidence supports the inference that the president intended Manafort to believe he could get a pardon which would make cooperation with the government unnecessary so here's muller telling US flat out they dangled a pardon that could influence manafort that is the show that that proves tent right Melissa than addresses Manafort's intent in making public statements about him during his trial and says that some evidence shows he intended influence the jury so here we are back on the jury but there are alternative explanations for his statements including he might have genuinely felt bad for Paulie walnuts and even though that's inconclusive Muller's seems to indicate there is evidence of intent to stop Manafort from cooperating so that alone would appear to check the intent box for Manafort then of course we have the redacted part about stone so in summary No the president's conduct toward manafort checks all three boxes his conduct toward Flynn checks the nexus box but not the obstructive act or intent and we don't know about stone. Honestly I think it might check yeah. I think probably checks at least one box. I think checks the nexus I don't know about intent or obstructive act and you know this is y y you know we don't know about stone and that's why the house dams have petitioned the court to get the unredacted report this stuff about stone here and probably one of the things that they want to see and all the underlying lying evidence along with the grand jury material so they can make determinations on obstruction for the redacted stuff like this and once the trial is over and the impeachment hearings began. I assume we will get the answer to whether the president's conduct towards stone amounted to obstruction of justice like I said based on the analysis of the evidence I assume it will trump's statement about stone could have influenced the jury but the obstructive truck at criteria coup seems up in the air to me but the intent on the stone stuff is clear to me. At least I'm guessing we should tell you if you're listening to twenty years from now that since our last installment of this series since part sixteen the House dams have decided to vote on Judiciary Committee rules that match that of the Nixon impeachment and we're about to begin full blown impeachment impeachment hearings although we have not voted on a resolution to open an impeachment inquiry but during Watergate they didn't take that step until after five months of of having hearings so that might be where we're at so that's part seventeen how you feel who good yeah yeah a lot of information even though we talked about so much of it. It's still so heavy yeah. There's there's just some stuff in here that we had wasn't publicly reported like Manafort telling gates don't plead man. We're going to get pardoned but don't use the word pardon right. We haven't heard about that yeah or if it was we missed it so join US next week for part eighteen sections K and l pages one thirty four to one fifty eight does the final two sections before we get to section three and four the legal defenses in the conclusions along with the back matter which has all the appendices matter. I thought about nine year yeah back matter any final thoughts person myself yeah no not really. It's all pretty straightforward yeah. He covers everything pretty. Well Yeah Yeah so just to clarify How many more more Moola reports do you think we'll do? Some people have been requesting. We go back to the book reports. They have like a lot of suggestions. I think we have three more to kgo eight hundred nine thousand nine hundred ninety nine. I think we have three more to go but we may be able to get the last two with sections three four and the conclusions along with the the back matter we may be able to get those all into one episode so we might be able to get get it done in two episodes but three at the most nice I'm enjoying the ride but yeah there's a lot of suggestions. There are so many books that I wanted to prove conspiracy next need to be honest and then you know we also want to release to the public which was only previously released to patrons our coverage of the threat by Andrew McCabe because that is a very pertinent and relevant story at one in these times and that could take a seven episodes will take seven episodes because that's how many recorded if you're not a patron and you want early access to all this ad free daily beans and stuff like that you can sign the patriots dot com slash Miller. She wrote or Dot com slash the daily beans..