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kpete

(72,006 posts)
Sun Dec 17, 2017, 06:20 PM Dec 2017

OBSTRUCTION? - Trump Appears to Have Withheld the KT McFarland Email about the "Thrown Election"

Langhofer uses the leak as an excuse to suggest wrong-doing by Mueller, when other possibilities are far more likely.

But consider the other implication of this: Langhofer is suggesting that this email chain (which included no named active lawyers, nor included Trump directly, though they were written in Trump’s presence at Mar a Lago) is “susceptible to privilege claims.” He is further suggesting that GSA is the only way this email could have been released (ignoring, of course, the Bannon/Priebus/Spicer) options.

If that’s right, then he’s suggesting that Trump was involved in this email chain directly. There’s no reason to believe he was CCed. But since the emails were written from Mar-a-Lago, it’s likely he was consulted in the drafting of the emails.

In addition, Langhofer is also admitting that Trump’s team didn’t release these emails directly — at least not to Congress.

Emails which couldn’t be more central to the point of Mueller’s investigation.

Did the GOP just admit that Trump withheld this email? Because if so, it suggests the “thrown election” comment is far more damning than the NYT laid out.

Update: It’s not clear whether Mueller ever tried to obtain these records via GSA (though it’s possible FBI obtained emails before the inauguration). But this, from the letter, makes it clear at least Congress had made requests, which led TFA to try to take GSA out of the loop even though SCO had a document preservation request.

In order to comply with congressional document production requests, TFA ordered from the GSA electronic copies of all PTT emails and other data. Career GSA staff initially expressed concern that providing copies of PTT emails to TFA might violate a document preservation request that the GSA had received from the Special Counsel’s Office.


Withholding this email from Congress would be particularly problematic, as McFarland testified in conjunction with her now-frozen nomination to be Ambassador to Singapore that she knew nothing about Flynn’s communications with Kislyak. h/t SS


More with lots of updates:

https://www.emptywheel.net/2017/12/16/trump-appears-to-have-withheld-the-kt-mcfarland-email-about-the-thrown-election/



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OBSTRUCTION? - Trump Appears to Have Withheld the KT McFarland Email about the "Thrown Election" (Original Post) kpete Dec 2017 OP
'privilege?" dawg day Dec 2017 #1
Hell, yes. It's ALL obstruction, including faux snooze rants 24/7. lindysalsagal Dec 2017 #2
Important correction. There was no "Mueller leak". Fred Sanders Dec 2017 #3
Good compilation of info on empty wheel, trying to piece together the complicated email scenario wishstar Dec 2017 #4
Is there a fever going around? MGKrebs Dec 2017 #5

dawg day

(7,947 posts)
1. 'privilege?"
Sun Dec 17, 2017, 06:44 PM
Dec 2017

Even if Trump was right there, he doesn't get "executive privilege." It's a narrow privilege, and does not include most communications. This was all adjudicated when the SCOTUS forced Nixon to give up his tapes.

Let Trump sue and try to claim that these emails were more privileged than that.

lindysalsagal

(20,718 posts)
2. Hell, yes. It's ALL obstruction, including faux snooze rants 24/7.
Sun Dec 17, 2017, 06:51 PM
Dec 2017

Denials, denials, denials....get used to it. Also, I expect lots more resignations in a big hurry.

This ship's going dooooooooooooooown.

Fred Sanders

(23,946 posts)
3. Important correction. There was no "Mueller leak".
Sun Dec 17, 2017, 06:54 PM
Dec 2017

"We learned all of this because the Trump transition’s team lawyer, Kory Langhofer, wrote a seven-page letter to the Senate Homeland Security and Governmental Affairs Committee and the House Oversight and Government Affairs."

https://thinkprogress.org/trump-attack-on-mueller-not-going-well-9ec582859e39/

wishstar

(5,271 posts)
4. Good compilation of info on empty wheel, trying to piece together the complicated email scenario
Sun Dec 17, 2017, 06:59 PM
Dec 2017

Mueller leaving no stones unturned by not only getting all the transition GSA emails, but subpoenaing for all the campaign emails from the campaign plus requesting all emails from the individual campaign officials separately.

Article explains that impetus for the accusation of Mueller acting illegally apparently involves leak to NY Times of the McFarland Mar a Lago email that had not been turned over by Trump campaign. However leak of her email could have come from others on email chain including Spicer and Priebus, not necessarily leaked from Mueller's team or GSA

MGKrebs

(8,138 posts)
5. Is there a fever going around?
Sun Dec 17, 2017, 07:03 PM
Dec 2017

Yet another blogger making an unsubstantiated claim and then building an elaborate conspiracy around it.

- Blogger is proposing that the KT Mac message is among those at issue in the TFA letter. Then goes on to say that there is no "privileged" communication here because there were no lawyers copied. Well, yes! Then maybe this isn't one of the messages at issue!

- Then makes the leap that only Trump emails would be subject to "privilege" therefore he must have known about this email even though there is no evidence of that. But any communication between any of the TFA staff and an attorney could be subject to privilege. (I'm sure Mueller has his bases covered here, I am just challenging the bloggers assumptions.)

- As further evidence that Trump must have seen this message the writer says it was composed at Mar-A-Lago. Well that's just silly. Are we supposed to believe that Trump approves or is copied on every email that any staff writes while at Mar-A-Lago? Please.

And what is the point anyway?

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