The Mercury News

Individual-1’s own DOJ believes Individual-1 took part in a felony

- By Dana Milbank Dana Milbank is a Washington Post columnist.

WASHINGTON >> “Individual-1” has a singular problem: His own Justice Department says he directed a crime.

Late Friday, U.S. prosecutor­s — ordinary prosecutor­s, not the ones working for Robert Mueller’s supposed rogue witch hunt — filed papers in court saying President Trump’s former fixer Michael Cohen admitted “he acted in coordinati­on with and at the direction of Individual-1.”

This means that it is the considered view of Individual-1’s Justice Department that Individual-1 participat­ed in a felony violation of campaign finance law by directing, in order to influence the presidenti­al election, the payoff of two women who alleged affairs with Individual-1.

Mueller and his team will decide in the coming months whether to accuse Trump of crimes. But in one sense, these are just details. That Trump is fundamenta­lly lawless can no longer be seriously disputed. His own prosecutor­s now say he took part in a crime — and his former secretary of state says Trump had little concern about what was legal.

“So often,” Rex Tillerson said in a talk Thursday, “the president would say, ‘Here’s what I want you to do, and here’s how I want you to do it.’ And I would have to say to him, ‘Mr. President, I understand what you want to do. But you can’t do it that way. It violates the law.’ ”

To this, Trump said Tillerson “was dumb as a rock” and “lazy as hell.”

During the campaign, Trump said he would have no trouble getting the military to follow his orders, even if they were illegal, such as torture or the deliberate targeting of innocents.

“If I say do it, they’re gonna do it,” Trump said. And, “They’re not gonna refuse me. Believe me.”

In April, The Washington Post’s Greg Jaffe reported that Trump watched a recording of a CIA drone strike in which the agency held off on firing until the target was away from his family. Trump asked: “Why did you wait?” Doing otherwise would have been a war crime.

More recently, Trump has suggested troops could fire on unarmed migrants on the border (he later qualified this).

Trump has floated the idea that he could unilateral­ly end the constituti­onal protection of birthright citizenshi­p, and his administra­tion has toyed with implementi­ng a $100 billion capital-gains tax cut without Congress, and sharing census citizenshi­p informatio­n with law enforcemen­t officials.

When courts push back on his lawlessnes­s, Trump treats judges as political opponents.

Meanwhile, five former Trump aides have pleaded guilty in Mueller’s Russia probe, and others seem to regard it as perfectly plausible that Trump himself, as former aide Sam Nunberg put it, “may very well have done something during the election with the Russians.”

On Friday, White House press secretary Sarah Huckabee Sanders said the latest filings “tell us nothing of value that wasn’t already known.” That’s true in the sense that recent findings essentiall­y corroborat­e much of the 2016 “dossier” by former spy Christophe­r Steele — declared fraudulent by Trump — and its reports of extensive, compromisi­ng interactio­ns between the Trump campaign and cronies of Russian President Vladimir Putin.

The dossier’s assertion of Michael Cohen’s “ongoing secret liaison relationsh­ip” with Russian leadership has been confirmed by his now-exposed work on a Moscow Trump Tower well into 2016, which he lied about to Congress.

Trump on Friday nominated William Barr to be attorney general, citing his “unwavering adherence to the rule of law.”

If he’s right about Barr, Individual-1 will be deeply disappoint­ed.

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