Harry Litman teaches constitutional law at the University of California at San Diego. He has served as U.S. attorney for the Western District of Pennsylvania and deputy assistant attorney general.
Following the implosion of Paul Manafort’s cooperation agreement with special counsel Robert S. Mueller III , a lawyer for President Trump casually announced that Manafort’s lawyers
had been briefing Trump’s lawyers about his sessions with the Mueller team all along.
This revelation, far from routine, in fact is jaw-dropping — and it has significant legal and political implications.
...
Finally, the open pipeline between cooperator Manafort and suspect Trump may have been not only extraordinary but also criminal. On Manafort and Downing’s end, there is a circumstantial case for obstruction of justice. What purpose other than an attempt to “influence, obstruct, or impede” the investigation of the president can be discerned from Manafort’s service as a double agent? And on the Trump side, the communications emit a strong scent of illegal witness tampering (and possibly obstruction as well).
Proving those charges would require a fight. The lawyers would be expected to assert privilege, and cries of overreach would sound from the White House and pro-Trump journalists. Whitaker could impede or countermand the effort.
But it’s critical to understand the stakes of the battle. Even more than the president’s potential criminal liability, there is a set of burning questions about exactly what happened in 2016, the extent to which https://www.washingtonpost.com/powerpost/senate-intelligence-committee-leaders-russia-did-interfere-in-2016-elections/2017/10/04/1459291c-a91f-11e7-850e-2bdd1236be5d_story.html?utm_term=.091c515ff684 (Russian efforts to influence the presidential election) found purchase in the United States, and what part was played by high-level Trump campaign officials or the president himself. It is intolerable to consider that the truth of these consequential matters would be smothered and kept from the American people indefinitely. But that’s exactly what the president’s overall strategy aims to do, and with the support, at least tacitly, of a complicit still-Republican-majority — for now — Congress. Is there no one in the GOP with the guts to stand up to the president and the resolve to see that the truth will out?