The only new information that comes to light with Friday’s indictment is the confirmation of the identity of the second person Mueller’s prosecutors accuse of contacting the employees of a public relations firm “in an effort to influence their testimony and to otherwise conceal evidence.” That man is Konstantin Kilimnik, an employee of Manafort’s consulting firm who, together with Manafort, represented pro-Russian former Ukrainian President Victor Yanukovych.
An Atlantic profile earlier this week portrays Kilimnik as Manafort’s long-time “aide-de-camp” in Eastern Europe. Moreover, several court documents filed by Mueller’s prosecutors refer to Kilimnik as having “ties” to Russian intelligence organizations. “Or to put it even more bluntly than Mueller: Donald Trump’s campaign chairman had a pawn of Russian intelligence as his indispensable alter ego,” the Atlantic’s Franklin Foer wrote Wednesday.
Kilimnik is not known to reside in the United States.
The new indictment contains no allegations involving Kilimnik’s alleged ties to Russian intelligence. It merely restates the accusations first unveiled Monday against him and Manafort, transferring the allegations of witness tampering from a violation of the terms of Manafort’s bail to two counts of obstruction of justice against both him and Kilimnik.
( Fox News ) President Trump’s attorney, Rudy Giuliani, told Fox News on Wednesday that special counsel Robert Mueller has told the president’s legal team he will follow Justice Department guidance and not seek an indictment against Trump.
“This case is essentially over,” Giuliani said. “They’re just in denial.”
Giuliani, himself a former federal prosecutor and mayor of New York City, also told Fox News that Mueller’s investigators have not responded to five information requests from the president’s team. That has forced Trump’s legal team to push off making a decision about whether the president will sit for an interview with the special counsel — a decision they had hoped to reach by Thursday.
“We’ve had no response from them,” Giuliani told Fox News’ “The Ingraham Angle” about his interactions with Mueller’s team. “We’re asking … what do they really need to know, what kind of assurances do we have that they’ll get it over with quickly, just like they did for [Hillary] Clinton.”
The precedent that federal prosecutors cannot indict a sitting president is laid out in a 1999 Justice Department memo. Giuliani told Fox News that Mueller has no choice but to follow its guidance.
Giuliani joined Trump’s legal team last month and has repeatedly warned that an in-person interview of the president by the special counsel’s team would constitute a “perjury trap.” Complicating matters, Trump himself has refused to rule out agreeing to an interview with Mueller.
” Concord Catering company didn’t exist as a legal entity during the time period alleged by the government,”
( Daily Wire ) This week, one of the Russian companies accused by Special Counsel Robert Mueller of funding a conspiracy to meddle in the 2016 U.S. presidential election was revealed in court to not have existed during the time period alleged by Mueller’s team of prosecutors, according to a lawyer representing the Defendant.
U.S. Magistrate Judge G. Michael Harvey asked Eric Dubelier, one of two lawyers representing the accused Russian company, Concord Management and Consulting LLC, if he was representing a third company listed in Mueller’s indictment.
“What about Concord Catering?” Harvey asked Dubelier. “The government makes an allegation that there’s some association. I don’t mean for you to – do you represent them, or not, today? And are we arraigning them as well?”
“We’re not,” Dubelier responded. “And the reason for that, Your Honor, is I think we’re dealing with a situation of the government having indicted the proverbial ham sandwich.”
“That company didn’t exist as a legal entity during the time period alleged by the government,” Dubelier continued. “If at some later time they show me that it did exist, we would probably represent them. But for purposes of today, no, we do not.”
The term “indict a ham sandwich” is believed to have originated from a 1985 report in the New York Daily News when New York Chief Judge Sol Wachtler told the news publication that government prosecutors have so much influence over grand juries that they could get them to “indict a ham sandwich.”
Because of DOJ regulations, Special Counsel Robert Mueller‘s report about President Trump is not going to be released to the public – unless he obtain from the grand jury an indictment of the President.
Mueller was appointed special counsel by Rosenstein under DoJ regulations which also bind him as special counsel.
These DOJ regulations do not require or even permit a public report from Mueller.Instead, they make it very difficult for any such findings to become public.
The DOJ regulations, specifically Section 600.8, requires the special counsel to provide a “confidential report explaining the prosecution or declination decisions reached by the Special Counsel,” but only to the Attorney General [AG].In this situation, since AG Jeff Sessions has recused himself from anything involving the Russian probe, that “confidential report” would presumably go only to Rosenstein.
a “speaking indictment”; a term used to describe a lengthy and detained indictment document which contains more facts and allegation than the law requires.
Law and Crime reports:
Mueller is bound by current Justice Department [DoJ] regulations which make any release – much less a release to the public – of any such report very unlikely.
So Mueller may have to obtain an indictment against Trump, and include the details of Trump’s alleged wrongdoing in the text of the indictment, for this information to become public.
Indeed, unless Deputy Attorney General Rod Rosenstein changes the regulations to permit the release of any such report to the public, an indictment may be the only way for Mueller to insure that the information sees the light of day who suggests that those who claim to favor the release of any such report should urge Rosenstein to change the DoJ regulations now to make this possible.
….Mueller was appointed special counsel by Rosenstein under DoJ regulations which also bind him as special counsel.
These DoJ regulations do not require or even permit a public report from Mueller.Instead, they make it very difficult for any such findings to become public.
The DoJ regulations, specifically Section 600.8, requires the special counsel to provide a “confidential report explaining the prosecution or declination decisions reached by the Special Counsel,” but only to the Attorney General [AG].In this situation, since AG Jeff Sessions has recused himself from anything involving the Russian probe, that “confidential report” would presumably go only to Rosenstein.
Moreover, if Mueller does find that impeachment should be considered – technically that “other governmental action outside the criminal justice system might be appropriate” – he may “consult [ONLY] with the Attorney General with respect to the appropriate component to take any necessary action.”
But it’s not clear that Rosenstein, who was appointed by Trump, and who has been under very heavy pressure from the President, would release the report, especially since the law doesn’t require him to do so.If he does want to, however, any such release must “comply with applicable legal restrictions.”
….In summary, unlike Starr and other independent counsel, if Mueller did discover evidence suggesting that Trump committed one or more crimes, and/or engaged in other activities which might warrant impeachment, he has no easy way to present this information to the entire Congress, much less to the American people.
One, of course, would be to obtain from the grand jury an indictment of the President.
Presumably any such indictment would be a “speaking indictment”; a term used to describe a lengthy and detained indictment document which contains more facts and allegation than the law requires.
Indeed, since a number of the indictments Mueller has obtained and made public so far are speaking indictments, it is clear that Mueller and his band of skilled prosecutors is well aware of how such unnecessarily detailed indictments can be used to transmit information to the public for a variety of purposes.
….So if Mueller feels strongly that he has information about wrongdoing by Trump which Congress and/or the public should know, he may be forced to reveal it by obtaining an indictment against Trump, and including within it the information he has, even if it was not necessary for all the information to be in there.