Donald Trump may look back on this Thanksgiving as the day his entire presidency began to crumble.
It was reported Thursday that former National Security Adviser Michael Flynn and his legal team were no longer sharing information with the White House, suggesting that Flynn is now cooperating with Special Counsel Robert Mueller and is willing to testify against the president and other members of the administration involved in the Russia matter.
Legal experts have long suspected that Trump might try to pardon those who face legal jeopardy as a result of the Russia probe, but former federal prosecutor Renato Mariotti says Mueller may have just made that impossible. Mariotti tweeted this:
3/ The government tries to reveal as little as possible about what it's doing to the defense, so defense attorneys try to glean as much as they can from their brief conversations with prosecutors and from the questions their clients are asked during interviews.
— Renato Mariotti (@renato_mariotti) November 24, 2017
But since Flynn’s team is no longer sharing anything with the White House, it now appears the Trump legal team is in the dark as far as trying to surmise what charges Mueller might be working on.
Mariotti also addressed the possibility of a pardon for Flynn:
10/ (One answer could be that a pardon of Flynn could be used by Mueller as evidence of Trump's "corrupt intent" to prove obstruction, because it could indicate Trump's strong desire to relieve Flynn of criminal liability. A Manafort pardon wouldn't impact an obstruction case.)
— Renato Mariotti (@renato_mariotti) November 24, 2017
In other words, Mueller has set a brilliant trap for the president: If he tries to go the route of pardoning Flynn, he may actually be providing evidence that he’s been obstructing justice all along. And instead of angling for a pardon, Flynn could get a much better deal if he tells Mueller everything he knows, Mariotti noted:
11/ To pursue a deal, Flynn would generally have to agree to waive his Fifth Amendment right and agree to an interview with Mueller's team. They would give him limited protection (called "proffer" protection) as to his statements.
— Renato Mariotti (@renato_mariotti) November 24, 2017
13/ To get a deal, Flynn would need to prove testimony that helped the government make a chargeable case against someone else. It's not enough for Flynn to try hard, although even his attempt to cooperate could be considered by the judge at sentencing.
— Renato Mariotti (@renato_mariotti) November 24, 2017
Mueller is very close to having Trump in legal checkmate, and it looks like he’s given Trump only two options: Resign or be impeached.
It’s been said before, but it needs to be repeated: Robert Mueller is playing legal chess at a very high level. Trump, on the other hand, is still attempting to learn the basics of checkers.
Featured Image Via the BBC