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“After Mr. Trump’s victory, Mr. Cohen complained to friends that he had yet to be reimbursed for the payment to Ms. Clifford, the people said.”
 


18 U.S. Code § 713 - Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate,...United States House of Representatives, and the seal of the United States Congress 18 U.S. Code § 713 - Use of likenesses of the great seal of the United States, the seals of the President and Vice President, the seal of the United States Senate,...United States House of Representatives, and the seal of the United States Congress

(a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both.
 


Former Trump aide Sam Nunberg said Monday that he has been subpoenaed to appear in front of a federal grand jury investigating Russia’s interference in the 2016 presidential election but that he will refuse to go.

In an interview with The Washington Post, Nunberg said he was asked to come to Washington to appear before the grand jury on Friday. He also provided a copy of his two-page grand jury subpoena seeking documents related to President Trump and nine other people, including emails, correspondence, invoices, telephone logs, calendars and “records of any kind.”

Nunberg forwarded an email from the office of special counsel Robert S. Mueller III seeking his appearance in front of the panel on Friday.

Among those that the subpoena requests information about are departing White House communications director Hope Hicks, former White House strategist Stephen K. Bannon, Trump lawyer Michael Cohen, former Trump campaign manager Corey Lewandowski and adviser Roger Stone.

Nunberg said he does not plan to comply with the subpoena, including either testimony or providing documents.

“Let him arrest me,” Nunberg said. “Mr. Mueller should understand I am not going in on Friday.”

Nunberg said he was planning to go on Bloomberg TV and tear up the subpoena.
 


Former Trump aide Sam Nunberg said Monday that he has been subpoenaed to appear in front of a federal grand jury investigating Russia’s interference in the 2016 presidential election but that he will refuse to go.

In an interview with The Washington Post, Nunberg said he was asked to come to Washington to appear before the grand jury on Friday. He also provided a copy of his two-page grand jury subpoena seeking documents related to President Trump and nine other people, including emails, correspondence, invoices, telephone logs, calendars and “records of any kind.”

Nunberg forwarded an email from the office of special counsel Robert S. Mueller III seeking his appearance in front of the panel on Friday.

Among those that the subpoena requests information about are departing White House communications director Hope Hicks, former White House strategist Stephen K. Bannon, Trump lawyer Michael Cohen, former Trump campaign manager Corey Lewandowski and adviser Roger Stone.

Nunberg said he does not plan to comply with the subpoena, including either testimony or providing documents.

“Let him arrest me,” Nunberg said. “Mr. Mueller should understand I am not going in on Friday.”

Nunberg said he was planning to go on Bloomberg TV and tear up the subpoena.


 


Special counsel Robert S. Mueller III is now directly gunning for President Trump — and not just on one front. It appears that Mueller is investigating whether Trump himself committed misconduct or possible criminality on two fronts, and possibly more.

NBC News is now reporting that Mueller has sent a subpoena to an unnamed witness that appears to hint at just how wide a net Mueller has cast. NBC reports that the subpoena suggests Mueller is focused, among other things, on determining what Trump himself knew about Russian sabotage of the 2016 election as it was happening.

The subpoena demands a range of documents that involve Trump himself, in addition to nine of his top campaign advisers and associates. The documents solicited include emails, text messages, work papers and telephone logs dating back to November 2015, about four months after Trump declared his presidential candidacy.

This builds on NBC’s previous report that Mueller’s investigators are asking witnesses questions that indicate that Mueller is examining whether Trump knew Democratic emails had been hacked before that became public, and whether he was somehow involved in their “strategic release.” As NBC’s new report puts it:

The subpoena indicates that Mueller may be focused not just on what Trump campaign aides knew and when they knew it, but also on what Trump himself knew.

In a certain sense, it isn’t that surprising to learn that Mueller is focused on what Trump knew about Russia’s hacking of emails and interference in the election, and any potential conspiracy with them. Mueller is https://www.justice.gov/opa/press-release/file/967231/downloadwith investigating “any links and/or coordination between the Russian government and individuals associated” with Trump’s campaign, as well as any other matters that arise from that line of inquiry. This was inevitably going to include what Trump himself knew and when.
 


It is an understatement to say that Sam Nunberg is playing with fire.

Nunberg, a longtime Trump adviser and former campaign aide who is on the outs with the president, went on a bizarre rampage of media appearances Monday afternoon in which he mocked Special Counsel Robert Mueller, declared his intention to not cooperate before the grand jury in the Russia investigation, and appeared to speculate wildly on President Trump’s involvement, or lack thereof, in wrongdoing during the campaign.

To the https://www.washingtonpost.com/politics/former-trump-aide-sam-nunberg-called-before-grand-jury-says-he-will-refuse-to-go/2018/03/05/24c8b86a-20a9-11e8-badd-7c9f29a55815_story.html?utm_term=.86c7b6b49ece (Washington Post), Nunberg announced that he had been subpoenaed by Mueller’s grand jury and that he intended to tear up the court document on television rather than comply. To the New York Times, Nunberg complained that Mueller’s team had “requested a ridiculous amount of documents”; the subpoena, https://www.washingtonpost.com/apps/g/page/politics/grand-jury-subpoena-for-sam-nunberg/2283/ (published by the Post), asks that Nunberg preserve his communications with a variety of Trump affiliates (including the president, Roger Stone and Steve Bannon) from Nov. 1, 2015, to the present. To MSNBC, Nunberg declared that Mueller is “not gonna do anything” and that “I think it would be funny if they arrested me.” And on CNN, Nunberg announced: “Donald Trump caused this, because he’s an idiot.”

Nunberg sat for an interview with Mueller’s team last week, but he appears to have turned against the special counsel in a fit of pique over the breadth of the subpoena handed to him by the grand jury. “Should I spend 80 hours going over my emails, Jake?” he asked CNN’s Jake Tapper, somewhat plaintively. (“It sounds like a pain,” Tapper responded, “but he is the special counsel.”)

Along with the time commitment required by the subpoena, Nunberg appears to object to the grand jury’s demand for his communications with Stone, the notorious Republican political operative whom Nunberg told the Times that Mueller is “unfairly targeting.”

I’m definitely the first person to ever do this, right?” Nunberg asked Tapper during the interview. Actually, he is far from the first. And before proceeding further on this jag, Nunberg might pause to reflect on the case of Susan McDougal, the last witness in a major investigation of a president who went out of her way to defy a special prosecutor wielding a grand-jury subpoena.

Let’s recap for those who don’t recall: McDougal was a figure in the Whitewater investigation of former President Bill Clinton. Independent Counsel Kenneth Starr had prosecuted Susan McDougal, along with her former husband, Jim McDougal, for fraud and other charges in connection with the management of a savings-and-loan in Arkansas. After her conviction, Starr sought to call her before a grand jury to testify about the Clintons. She refused to answer questions. He moved to have the court supervising the grand jury hold her in civil contempt—and it did.

McDougal spent 18 months in jail on the contempt charges—the maximum allowed under the contempt statute—as the court sought to compel her testimony. But Starr wasn’t done. Civil contempt is about coercion, not punishment. After her civil contempt detention was finished, he sought and received a https://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/smindict050498.htm (grand jury indictment)against McDougal for criminal contempt (criminal contempt is about punishment of the crime of contempt of court) and obstruction of justice as well. McDougal was eventually acquitted of the obstruction charge, while the jury deadlocked on the two contempt charges. But the acquittal and deadlock were not a reflection of any serious factual question about what had happened; rather, they were an example of pushback at Starr for perceived overreach. (Clinton eventually pardoned McDougal on his way out of office.)

The point is that federal prosecutors have robust powers to deal with recalcitrant witnesses, and special prosecutors in high-stakes matters involving the president of the United States have particular incentives not to tolerate contumacious conduct on the part of witnesses they subpoena. Nunberg may think it would be “funny if they arrested me.” We suspect he’ll find it less so if and when “they” actually do.
 
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