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Seething over Russia probe, Trump tears into 'spygate'

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Seething over Russia probe, Trump tears into 'spygate'
News

News

Seething over Russia probe, Trump tears into 'spygate'

2018-05-24 12:49 Last Updated At:12:49

President Donald Trump has branded his latest attempt to discredit the special counsel's Russia investigation as "spygate," part of a newly invigorated strategy embraced by his Republican colleagues to raise suspicions about the probe that has dogged his presidency since the start.

President Donald Trump speaks to the media on the South Lawn of the White House in Washington, Wednesday, May 23, 2018, en route to a day trip to New York. Trump will hold a roundtable discussion on Long Island on illegal immigration and gang violence that the White House is calling a "national call to action for legislative policy changes." (AP Photo/Jacquelyn Martin)

President Donald Trump speaks to the media on the South Lawn of the White House in Washington, Wednesday, May 23, 2018, en route to a day trip to New York. Trump will hold a roundtable discussion on Long Island on illegal immigration and gang violence that the White House is calling a "national call to action for legislative policy changes." (AP Photo/Jacquelyn Martin)

Trump now is zeroing in on — and at times embellishing — reports that a longtime U.S. government informant approached members of his 2016 campaign during the presidential election in a possible bid to glean intelligence on Russian efforts to sway the election. He tweeted Wednesday morning that the FBI has been caught in a "major SPY scandal."

Trump's latest broadsides set the stage for an unusual decision by the White House to arrange a briefing about classified documents for just two Republican House members, both Trump allies, in a meeting Thursday, as Trump and his supporters in Congress press for information on the outside informant.

President Donald Trump yells to reporters as he boards Air Force One for a trip to New York to discuss immigration policy, Wednesday, May 23, 2018, in Andrews Air Force Base, Md. (AP Photo/Evan Vucci)

President Donald Trump yells to reporters as he boards Air Force One for a trip to New York to discuss immigration policy, Wednesday, May 23, 2018, in Andrews Air Force Base, Md. (AP Photo/Evan Vucci)

After Democratic complaints and negotiations that went into the late evening Wednesday, the White House said it would also give a second briefing to a group of lawmakers known as the "Gang of Eight" immediately after the briefing for the two House Republicans. The "Gang of Eight" includes the top Republicans and Democrats in each chamber and the top Republicans and Democrats on the House and Senate intelligence committees. According to the Justice Department, White House Chief of Staff John Kelly and Deputy Attorney General Rod Rosenstein were also added to the roster after not being included on the original list.

It remains unclear what, if any, spying was done. The White House has given no evidence to support Trump's claim that the Obama administration was trying to spy on his 2016 campaign for political reasons. It's long been known that the FBI was looking into Russian meddling during the campaign and that part of that inquiry touched on the Trump campaign's contacts with Russian figures.

Trump has told confidants in recent days that the revelation of an informant was potential evidence that the upper echelon of federal law enforcement has conspired against him, according to three people familiar with his recent conversations but not authorized to discuss them publicly. Trump told one ally this week that he wanted "to brand" the informant a "spy," believing the more nefarious term would resonate more in the media and with the public.

He went on to debut the term "Spygate" on Wednesday, despite its previous associations with a 2007 NFL scandal over videotaping coaches.

Democrats said Wednesday that the briefing — held as special counsel Robert Mueller investigates Trump's campaign and whether it was involved in Russian meddling in the U.S. election — was highly inappropriate and asked for the "Gang of Eight" briefing instead of Thursday's GOP-only meeting. After negotiations with leaders on Capitol Hill, the White House announced the additional bipartisan meeting but said the original briefing would go on as well.

Immigration and Customs Enforcement director Thomas Homan, right, watches as Deputy Attorney General Rod Rosenstein shakes hands with President Donald Trump during a roundtable on immigration policy at Morrelly Homeland Security Center, Wednesday, May 23, 2018, in Bethpage, N.Y. (AP Photo/Evan Vucci)

Immigration and Customs Enforcement director Thomas Homan, right, watches as Deputy Attorney General Rod Rosenstein shakes hands with President Donald Trump during a roundtable on immigration policy at Morrelly Homeland Security Center, Wednesday, May 23, 2018, in Bethpage, N.Y. (AP Photo/Evan Vucci)

The two House lawmakers — Intelligence Committee Chairman Devin Nunes and Oversight and Government Reform Chairman Trey Gowdy — will attend both briefings, as will Kelly, Rosenstein, FBI Director Christopher Wray and National Intelligence Director Dan Coats. The second meeting will include all of those people plus Senate Majority Leader Mitch McConnell, Senate Democratic Leader Chuck Schumer, House Speaker Paul Ryan and House Democratic Leader Nancy Pelosi. Senate Intelligence Committee Chairman Richard Burr will also attend, along with the top Democrat on the Senate intelligence panel, Sen. Mark Warner, and the top Democrat on the House intelligence panel, Rep. Adam Schiff.

Nunes, an ardent Trump supporter, originally demanded the information on an FBI source in the Russia investigation. And Trump took up the cause as the White House tries to combat the threat posed by Mueller's investigation.

Trump escalated his efforts to discredit that investigation Wednesday, tweeting: "Look how things have turned around on the Criminal Deep State. They go after Phony Collusion with Russia, a made up Scam, and end up getting caught in a major SPY scandal the likes of which this country may never have seen before! What goes around, comes around!"

Former FBI Director James Comey, who was fired by Trump last year, tweeted Wednesday morning that the agency's use of secret informants was "tightly regulated and essential to protecting the country."

"Attacks on the FBI and lying about its work will do lasting damage to our country," he said. "How will Republicans explain this to their grandchildren?

Trump told reporters in response: "What I'm doing is a service to this country and I did a great service to this country by firing James Comey."

President Donald Trump pauses as he speaks during a roundtable on immigration policy at Morrelly Homeland Security Center, Wednesday, May 23, 2018, in Bethpage, N.Y. (AP Photo/Evan Vucci)

President Donald Trump pauses as he speaks during a roundtable on immigration policy at Morrelly Homeland Security Center, Wednesday, May 23, 2018, in Bethpage, N.Y. (AP Photo/Evan Vucci)

The back and forth between Congress and the Justice Department over the Nunes request — one of many over the course of the Russia investigation — has been simmering for weeks.

The department originally rejected Nunes' appeal, writing in a letter in late April that his request for information "regarding a specific individual" could have severe consequences, including potential loss of human life. Negotiations over the information stalled, but restarted when Trump demanded in a tweet Sunday that the Justice Department investigate "whether or not the FBI/DOJ infiltrated or surveilled the Trump Campaign for Political Purposes."

The Justice Department agreed by expanding an open, internal investigation to determine whether there was any politically motivated surveillance. And the White House said Kelly would organize the meeting with House lawmakers to discuss the documents, although he and other White House staffers would not be present.

The New York Times was the first to report that the FBI had an informant who met several times with Trump campaign officials who had suspicious contacts linked to Russia. No evidence has emerged to show that Obama-era authorities placed an informant inside the Trump campaign.

Separately on Wednesday, Mueller's prosecutors asked a federal judge to start the process of sentencing former Trump campaign adviser George Papadopoulos, who has been a key witness in the investigation since his plea last year to lying to the FBI.

Prosecutors had been pushing off Papadopoulos' sentencing for months as he cooperated in the probe. Information about Papadopoulos' contact with people linked to Russia during the 2016 campaign triggered the FBI counterintelligence investigation that Mueller took over.

WASHINGTON (AP) — Former President Donald Trump faces serious charges in two separate cases over whether he attempted to subvert the Constitution by overturning the results of a fair election and illegally remain in power.

Yet it’s a New York case centered on payments to silence an adult film actress that might provide the only legal reckoning this year on whether he tried to undermine a pillar of American democracy.

Trump is charged in the so-called hush money case with trying to falsify business records, but it was hard to tell that as the trial opened Monday.

Lead prosecutor Matthew Colangelo wasted little time during opening statements tying the case to Trump's campaigning during his first run for the presidency. He said the payments made to Stormy Daniels amounted to "a criminal scheme to corrupt the 2016 presidential election."

Whether the jury accepts that connection will be pivotal for Trump's fate. The presumptive nominee faces charges related to falsifying business records that would typically be misdemeanors unless the alleged act could be tied to another crime. Prosecutors were able to charge them as felonies because they allege that the false records were part of an effort to cover up state and federal election law violations — though that’s still not the type of direct election interference that Trump is charged with elsewhere.

Trump himself has referred to the New York trial and the three other criminal cases against him as a form of election interference, suggesting without evidence that they're part of a Democratic plan to undermine his campaign to return to the White House.

“I’m here instead of being able to be in Pennsylvania and Georgia and lots of other places campaigning, and it’s very unfair,” he told reporters before Monday's court session.

While the charges are felonies, the New York case is seen as the least consequential against the former president. In the two election cases, Trump is accused of more direct involvement in trying to overturn the results of the 2020 election.

He faces a four-count federal indictment in Washington, D.C., in connection with his actions in the run-up to the violent attack on the U.S. Capitol by his supporters on Jan. 6, 2021. He and others were charged in Georgia with violating the state’s anti-racketeering law by scheming to illegally overturn his 2020 loss to Joe Biden. He has pleaded not guilty to all the charges against him in those cases and a fourth charging him with mishandling classified documents.

All the other cases are tied up in appeals that are expected to delay any trials until after the November election. If that happens, the New York case will stand as the only legal test during the campaign of whether Trump attempted to illegally manipulate an election — and the case isn't even about the election results he tried to overthrow.

On Monday, Trump's attorney quickly moved to undercut the idea that a case in which the charges center on record-keeping could seriously be considered an effort to illegally undermine an election.

“I have a spoiler alert: There’s nothing wrong with trying to influence an election. It’s called democracy,” said his attorney, Todd Blanche. “They put something sinister on this idea, as if it’s a crime. You’ll learn it’s not.”

Some legal experts monitoring the cases against Trump said they were skeptical of connecting the payments to a form of “election interference.” Doing so also runs the risk of diminishing the gravity of the other charges in the public mind.

Richard Painter, a University of Minnesota Law School professor and former associate White House counsel during the George W. Bush administration, said he believed the facts of the case met the evidence needed to determine whether a felony had been committed that violated campaign law, but added, “The election interference part, I have a little bit of trouble on this.”

Richard Hasen, a UCLA law school professor, said the New York case does not compare to the other election-related charges Trump faces.

“We can draw a fairly bright line between attempting to change vote totals to flip a presidential election and failing to disclose embarrassing information on a government form,” he wrote in a recent Los Angeles Times column.

In an email, Hasen said New York prosecutors were calling the case election interference “because that boosts what may be the only case heard before the election.”

Some said prosecutors’ decision to characterize the New York case as election interference seemed to be a strategy designed to raise its visibility.

“When (Manhattan District Attorney) Alvin Bragg calls it an election interference case, that’s more of a public relations strategy,” said Paul Butler, a Georgetown University law professor and former federal prosecutor. “I think there was concern that people were looking at the other prosecutions and they weren’t discussing the Manhattan case.”

Declaring the case a hush money trial made it seem less important than the others and “so they’ve styled it ... as a case about election interference. But again, what he’s charged with is falsifying business records.”

Trump has denied having a sexual encounter with Daniels and his lawyers argue that the payments to Cohen were legitimate legal expenses.

The key question in the prosecution's argument is why were the business records falsified, said Chris Edelson, an American University assistant professor of government. Their allegation is that “Trump was preventing voters from making an informed decision in the election.”

It's an argument he believes prosecutors can make. “I think that the prosecutors will have to explain this to the jury. I don’t think it’s impossible to do,” he said.

The New York trial revolves around allegations of a $130,000 payment that Michael Cohen, Trump’s former lawyer and personal fixer, made to Daniels to prevent her claims of a sexual encounter with Trump from becoming public in the final days of the 2016 race.

“Candidates want to suppress bad news about them. But there’s a difference between trying to limit people knowing about that information and about breaking the law to keep them from finding out,” said Andrew Warren, a former state attorney in Florida who was suspended by Republican Gov. Ron DeSantis and is running for his old office while his court battle continues.

Warren said he believes the case has always been about more than the payments. If it is accepted as a hush money case, “Trump wins," he said. "If there was intent to deceive the voters, the prosecution wins.”

This artist depiction shows defense attorney Todd Blanche pointing at former President Donald Trump while giving his opening statement to the jury in Manhattan criminal court Monday, April 22, 2024, in New York. (Elizabeth Williams via AP)

This artist depiction shows defense attorney Todd Blanche pointing at former President Donald Trump while giving his opening statement to the jury in Manhattan criminal court Monday, April 22, 2024, in New York. (Elizabeth Williams via AP)

Former president Donald Trump, center, awaits the start of proceedings at Manhattan criminal court, Monday, April 22, 2024, in New York. Opening statements in Donald Trump's historic hush money trial are set to begin. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (AP Photo/Yuki Iwamura, Pool)

Former president Donald Trump, center, awaits the start of proceedings at Manhattan criminal court, Monday, April 22, 2024, in New York. Opening statements in Donald Trump's historic hush money trial are set to begin. Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories he thought might hurt his presidential campaign in 2016. (AP Photo/Yuki Iwamura, Pool)

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