San Diego Union-Tribune

U.S. PROBED POTENTIAL ‘BRIBERY-FOR-PARDON’ SCHEME

Court records show secret lobbying of White House officials

- BY SPENCER S. HSU Hsu writes for The Washington Post. The Associated Press contribute­d to this report.

The Justice Department in August investigat­ed a potential “bribery-for-pardon” scheme in which a large political contributi­on would be offered in exchange for a presidenti­al pardon by the Trump White House, according to court records unsealed Tuesday.

The documents show that U.S. prosecutor­s were scrutinizi­ng whether two individual­s approached senior Trump White House officials as unregister­ed lobbyists, and a related scheme in which cash would be funneled through intermedia­ries for a pardon or reprieve of a sentence for a defendant apparently in U.S. Bureau of Prisons custody at some point. The status of the investigat­ion is unclear.

The slender record is heavily redacted and does not identify the investigat­ion’s targets or whether anyone has been or will be charged. It also does not indicate what senior Trump White House officials did after allegedly being approached.

A Justice Department official, speaking on the condition of anonymity to discuss an ongoing investigat­ion, said, “No government official was or is currently a subject or target of the investigat­ion disclosed in this filing.”

President Donald Trump tweeted Tuesday night: “Pardon investigat­ion is

Fake News!”

The existence of the investigat­ion, first reported by CNN, was revealed in a court order by Chief U.S. District Judge Beryl Howell of Washington, who released an Aug. 28 opinion describing the government’s theory. Prosecutor­s had sought to keep it private because they said it identifies people not charged by a grand jury.

The opinion granted prosecutor­s’ request to access search warrant evidence, including confidenti­al emails sent among at least three individual­s and their agents that could have been protected by attorneycl­ient privilege.

A government review of the evidence identified emails “indicat[ing] additional criminal activity” after scouring more than 50 digital media devices, including iPhones, iPads, laptops, thumb drives, and computer and external hard drives, Howell wrote.

The ruling offers glimpses of the underlying investigat­ion, stating at one point, for example, that the government alleged at least one person “requested [redacted]’s assistance, ‘ as a personal favor,’ to use his political connection­s [redacted].”

It continues, “This political strategy to obtain a presidenti­al pardon was “parallel” to and distinct from [redacted]’s role as an attorney-advocate for [redacted].”

In a footnote, Howell’s opinion added, emails submitted by the government as exhibits “do not show any direct payment to [redacted] by [redacted] or [redacted] and instead indicate that [redacted] expected [redacted] to assist in obtaining clemency for [redacted] due to [redacted]’s past substantia­l campaign contributi­ons [redacted] and [redacted]’s anticipate­d future contributi­ons.”

The language of the opinion suggests that the potential pardon-scheme was not the original subject of the warrants, and it is not clear if any targets subsequent­ly challenged any grand jury proceeding­s.

In her largely blackedout 18-page opinion, the judge granted the government’s request for investigat­ors to access the emails, confront three individual­s and take any further investigat­ive steps.

The opinion was originally sealed. In an update to the court Nov. 25, the Justice Department asked to keep the ruling secret because it “identifies both individual­s and conduct that have not been charged by the grand jury.”

Howell found the response insufficie­nt, directing the government to explain line-by-line why a redacted version could not be released that did not name uncharged individual­s, prompting the government to submit the now-public document on Monday, she wrote.

Pardons are common at the end of a president’s tenure and are occasional­ly politicall­y fraught affairs as some convicted felons look to leverage connection­s inside the White House to secure clemency.

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