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Giuliani: Mueller’s team admitted to me they can’t indict Trump

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Is the special counsel probe all over but the shouting? At least according to Rudy Giuliani, the answer is yes. He’s been hinting for days that Robert Mueller might decide to just issue a report and close up shop, but Giuliani went a little farther than that with Fox News today. He flat-out stated that Mueller’s team had decided to abide by a 1999 DoJ finding that a sitting president cannot be indicted.

Once again, let’s emphasize … according to Rudy:

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.

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.

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.

“This case is essentially over,” Giuliani said. “They’re just in denial.”

If you haven’t yet read Allahpundit’s post from Monday on this topic, now would be a good time to catch up. Giuliani has spent the last few days dropping hints about this alleged decision by the special counsel, but not being anywhere this definitive. The Associated Press read between these lines a couple of days ago, but according to Fox News, Giuliani’s now saying it explicitly.

But what does it mean that Team Mueller is “in denial”? That doesn’t sound at all like the special counsel is preparing a document that will clear Trump, or that the case is actually over rather than “essentially over.” Giuliani’s a defense attorney in this case, which means it’s his job to minimize a prosecution case in any way he can. Accusing them of being “in denial” sounds like there may well be something to minimize, more so than “they’re just wrapping up the last details and performing due diligence” would sound. Or at least it sounds as though they’ve told Giuliani that.

Let’s game this out a little further, assuming Giuliani’s accurately passing along what he’s been told by the special counsel. If Mueller believes he’s constrained from seeking an indictment, that doesn’t mean that he hasn’t found indictable actions. If he reports such to Congress, it will heighten pressure on the House to act in some regard to any  If they haven’t found any indictable actions, then their report is going to be one of the biggest political anti-climaxes since, well … the last special counsel investigation.

However, as Allahpundit also noted, the president isn’t the only person who could get indicted. If Mueller doesn’t return any indictments on the core issue of Russian collusion, then that report will be another Fitzmas. If, however, Mueller indicts one or more key figures for misconduct related to that core issue, the lack of an indictment on Trump may not help him much politically — and it could breathe new life into La Résistance for the midterms.

And … perhaps we need to wait until Mueller and his team embrace that 1999 guidance a little more publicly, too.

Addendum: The grand jury docket doesn’t indicate that Mueller’s wrapping things up soon:

U.S. Justice Department Special Counsel Robert Mueller has issued two subpoenas to a social media expert who worked for longtime Donald Trump adviser Roger Stone during the 2016 presidential election campaign.

The subpoenas were delivered late last week to lawyers representing Jason Sullivan, a social media and Twitter specialist Stone hired to work for an independent political action committee he set up to support Trump, Knut Johnson, a lawyer for Sullivan, told Reuters on Tuesday.

The subpoenas suggest that Mueller, who is probing Russian meddling in the 2016 U.S. presidential election, is focusing in part on Stone and whether he might have had advance knowledge of material allegedly hacked by Russian intelligence and sent to WikiLeaks founder Julian Assange, who published it.

This may raise questions as to who exactly is in denial.

Update: CBS’ Paula Reid heard the same thing from Giuliani, who added that Rod Rosenstein will too.

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Reps. Meadows and Jordan Lash Out at Rosenstein For Demanding Special “Classified” Format to Testify on Capitol Hill

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Freedom Caucus Chairman Mark Meadows (R-NC) and Congressman Jim Jordan (R-OH) lashed out at Deputy Attorney General Rod Rosenstein Friday afternoon over his demands for a special format to testify next week on Capitol Hill.

House Judiciary Chairman Bob Goodlatte announced Thursday that Rosenstein will appear on Capitol Hill October 24th for a closed-door, transcribed interview.

Rosenstein is demanding the interview be private and held in a SCIF (Sensitive Compartmented Information Facility) with multiple Republican lawmakers excluded.

Unfortunately only the House Judiciary and Oversight Chairs and ranking members will be present for the grilling.

According to the House Judiciary announcement, only 4 members from the House Oversight and Judiciary Committees will be present:

House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and House Oversight and Government Reform Committee Chairman Trey Gowdy (R-S.C.) announced Deputy Attorney General Rod Rosenstein will appear on October 24, 2018, for a transcribed interview conducted by Chairmen Bob Goodlatte and Trey Gowdy and Ranking Members Jerry Nadler and Elijah Cummings.

JIM JORDAN: Rod Rosenstein wants a SPECIAL format to testify: only 2 Rep and 2 Dem members of Congress asking questions in closed door classified setting.


Another example of the double standard. One set of rules for regular folks, a different set for the politically connected. Unacceptable.

MARK MEADOWS: Rod Rosenstein declines to show up before Congress and then asks for special treatment. He wants his interview to be private, in a SCIF, with multiple members excluded.

There should be NO double standard. Show up and tell the truth under the same conditions as everyone else.

Meadows and Jordan want to ask Rod Rosenstein about his plot to wear a wire and oust Trump from office.

Former FBI lawyer James Baker appeared on Capitol Hill earlier Thursday for the second time to testify about Rosenstein’s plan to wear a wire and and the use of FISA warrants to oust President Trump from office.

Rep. Meadows emerged from the testimony Thursday calling for Rosenstein to “resign immediately.”

This is yet more proof that there is a two-tiered justice system in this country.

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Caravan reaches Mexican border, breaks through fence on Guatemalan side

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The migrant caravan reached the southern border of Mexico Thursday night and NBC News reports some have already crossed the border. Meanwhile, the Wall Street Journal described the situation along the Mexican border as tense:

Tension was palpable in Ciudad Hidalgo, a tiny tropical village in Mexico surrounded by rain forest and banana plantations that borders Tecun Uman in Guatemala, with the two towns separated by a muddy river. Late Thursday, some 300 Mexican federal police officers equipped with antiriot gear were deployed to the border crossing ahead of the caravan’s expected arrival…

Many migrants marched along the river banks on Thursday afternoon. “Let them know that we are going to cross to Mexico!” shouted a man clad with a cap in front of the crowd.

The border between Mexico and Guatemala (at this location) is the Suchiate River. Here’s what that looks like from the bridge spanning the river:

There are gates on both sides of the bridge to control traffic. Buzzfeed’s Karla Zabs is there covering developments this morning. A short time ago the caravan began massing at the Guatemalan gate:

And that led to a standoff. The AP reports that “young men” eventually tore open the barricade and swarmed onto the bridge:

Migrants in a caravan traveling through Central America have broken down gates at a border crossing and are streaming toward a bridge to Mexico.

After arriving at the tall, yellow metal fence Friday, some clambered atop it and on U.S.-donated military jeeps.

Young men began violently tugging on the barrier and finally succeeded in tearing it down.

Men, women and children then rushed through toward the bridge, about 150 yards (137 meters) away.

This tweet translates as “Bombshell! Thousands of Hondurans manage to enter Mexican territory!”

The Noticias video below helps explain the sequence of events. This is a live stream but you can scroll back. First people were massed at the yellow gates on the Guatemalan side of the bridge. Then they broke through those gates and streamed onto the bridge as seen in that clip above. The migrants made their way to the Mexican side of the bridge and, at first, it appeared the gates were open, but they were pushed closed by police with riot shields.

A shoving match ensued between the police and the migrants trying to re-open the gates. Some migrants are throwing things at the police and the police appear to be using batons to keep people’s hands off the gates. Finally, when the gate is shut, you see some men jumping off the bridge into the water where they swim to a nearby raft.

Stalemate, at least for the moment:

I’ll update this post when the situation changes.

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BREAKING: Nellie Ohr Invokes Marital Privilege Preventing Her From Answering Questions About Talks With Her Husband Bruce Ohr

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Nellie Ohr, wife of twice-demoted DOJ official Bruce Ohr appeared on Capitol Hill Friday to face lawmakers in a closed-door grilling.

Mrs. Ohr was supposed to appear for a deposition last month but she was refusing to cooperate with lawmakers.

Now this…

Nellie Ohr invoked marital privilege on Friday preventing her from answering questions about her husband Bruce Ohr.

MANU RAJU: Very rare bipartisan agreement: Both sides say Nellie Ohr interview has been led to nothing. She invoked marital privilege preventing her from answering qs about talks with her husband. @MarkMeadows sees no reason to bring her back. @CongressmanRaja calls it a “nothing burger”

Rep. Mark Meadows confirmed Nellie Ohr invoked spousal privilege. 

The House Judiciary and House Oversight Committees sought to question Nellie Ohr after her husband Bruce Ohr gave an explosive testimony to Congress.


The former Associate Deputy Attorney General told Congress the FBI knew his wife, Nellie Ohr worked for oppo research firm Fusion GPS yet failed to disclose that information to the FISC [Foreign Intelligence Surveillance Court].

Nellie Ohr was paid multiple large payments by Fusion GPS, the oppo research firm that commissioned dossier author Christopher Steele.

Mrs. Ohr also previously worked for the CIA and was a corrupt Communist sympathizer who spoke fluent Russian.

This story is still developing…please check back for updates.

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