Friday, October 26, 2018

DOJ Ties a Trump FISA Release to Obstruction

In court filings last week the Department of Justice deployed what could be the nuclear option in its latest effort to prevent President Trump from declassifying information regarding FISA warrants used to spy on his campaign aide Carter Page: It is claiming that such a move would interfere with Special Counsel Robert Mueller's investigation.

This is the first time the DOJ has explicitly made this argument implying personal peril for the president, since interference could open Trump to charges of obstruction of justice.

In the 178-page court document, DOJ officials said they had "Determined that disclosure of redacted information in the Carter Page FISA documents could reasonably be expected to interfere with the pending investigation into Russian election interference." That rationale has heightened suspicions among congressional investigators that the special counsel is being used to prevent the disclosure of possible FBI abuses and crimes committed during the Russia probe.

"If Trump fires Mueller, or Rosenstein, or declassifies documents it's likely to bring an obstruction charge." And that would mean double jeopardy for Trump.

"Obstruction is the instrument the Democrats are likely to use to impeach Trump if they win the House," said the congressional source.

"If the FBI had evidence against Page for collusion," said the third source, "You'd think he'd have been indicted." Rosenstein's leverage may explain why Trump has resisted the calls of congressional Republicans and other allies who believe he can clear his name by unveiling evidence of abuses and possible crimes committed during the Russia probe.

If Democrats win the House, it is likely they will shut down many of the investigations into the DOJ and FBI. That outcome, sources say, helps explain why DOJ keeps raising roadblocks to transparency.

https://www.realclearinvestigations.com/articles/2018/10/26/doj_ties_a_trump_fisa_release_to_obstruction.html

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