December 1, 2018

THANKS, DEVIN!:

How Devin Nunes Helped Robert Mueller (DAVID R. LURIE, NOV 30, 2018, Slate)

 Incoming Democratic House Intelligence Committee Chair Adam Schiff has made it clear that one of the first items on the new majority's agenda next year will be to forward those transcripts to the special counsel. Those transcripts will likely be accompanied by expressions of concern regarding the veracity of the testimony of several witnesses, in light of facts that have recently come to light, including as a result of Mueller's recently filed charging documents in the Cohen case and other cases.

The irony of this new situation is that, as Susan Hennessey has observed, outgoing House Intelligence Committee Chairman Devin Nunes, Rep. Mike Conaway (who purportedly led the Russia inquiry after Nunes' quasi-recusal), lead interrogator Trey Gowdy, and the other GOP members of the committee may, wholly unintentionally, prove to have been devastatingly effective questioners in the service of future false-statement prosecutions.

This is because, as the House Intelligence Committee majority's publicly released report indicates, the GOP appears to have all but openly encouraged its witnesses to deny any and all potential wrongdoing, regardless of the plausibility of their denials. Thus, the GOP members and their staffs appear to have been singularly uninterested in testing the veracity of witnesses' testimony or even inquiring into elemental questions, such as whether Donald Trump Jr. called his father regarding his Trump Tower meeting with representatives of the Russian government, or whether Blackwater founder Erik Prince lied regarding yet another Trump Tower meeting, this one including Don Jr. and, among others, representatives of two Gulf states.*

As a result, some witnesses affiliated with Trump and his campaign may have been lulled into thinking they could lie with particular impunity. It is therefore possible, if not likely, that a fairly substantial number of witnesses, including possibly the president's eldest son, will soon find themselves facing the unusual prospect of being criminally charged for lying before a House panel that all but welcomed their dishonesty.

And as Mueller's prior felony charges for lying against individuals including Michael Flynn, George Papadopoulos, and Alex van der Zwaan have demonstrated, the threat of such criminal liability can often be just what it takes to induce liars to tell important truths to investigators.

Posted by at December 1, 2018 4:50 PM

  

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