WEBVTT - Democrats Follow the Money On Trump Document Request

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<v Speaker 1>Welcome to the Bloomberg Law Podcast. I'm June Grosso. Every

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<v Speaker 1>day we bring you insight and analysis into the most

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<v Speaker 1>important legal news of the day. You can find more

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<v Speaker 1>episodes of the Bloomberg Law Podcast on Apple Podcasts, SoundCloud,

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<v Speaker 1>and on Bloomberg dot com slash podcasts. It's the committee

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<v Speaker 1>that has the power to impeach the president, and it's

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<v Speaker 1>escalating its investigation into the administration's activities, the president's businesses,

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<v Speaker 1>and its potential ties to Russia. The House Judiciary Committee

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<v Speaker 1>is demanding documents from the White House, as well as

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<v Speaker 1>the president's company, charity, transition team, inauguration, and twenty sixteen campaign.

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<v Speaker 1>Joining me is the former U S Attorney for Georgia,

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<v Speaker 1>Michael Moore. He's now a partner at Pope mclamery. Thanks

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<v Speaker 1>for joining me. I'm glad to be with What struck

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<v Speaker 1>you most about the document request? Where do you see

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<v Speaker 1>the most danger for President Trump? You know, I felt

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<v Speaker 1>all along with this case, whether it be through Bob Mueller,

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<v Speaker 1>whether it be through the Southern District of New York,

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<v Speaker 1>and now perhaps through some of the House committees, that

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<v Speaker 1>this is gonna be a case about following the money

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<v Speaker 1>and so what we're seeing is in fact the Democrats

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<v Speaker 1>reaching out and closing some of the holes that we've

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<v Speaker 1>we've had hanging out in this VS. Case for the

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<v Speaker 1>last couple of years. I mean, a lot of this

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<v Speaker 1>could be resolved if we just had the president's tax returns.

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<v Speaker 1>He refused to do that looks to be like, now

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<v Speaker 1>the Democrats are going to move forward, they need to

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<v Speaker 1>know what what money is owed, what interest was deducted,

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<v Speaker 1>who were creditors, was in fact rushing money and fused

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<v Speaker 1>through the business or through through the Trump organization. And

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<v Speaker 1>so those those things to me are probably um what

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<v Speaker 1>I look forward to be some of the most damning evidence.

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<v Speaker 1>There are sweeping requests that cover possible corruption, abusive power,

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<v Speaker 1>obstruction of justice. The Chairman, Jerry Nadler said, this isn't

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<v Speaker 1>part of an early impeachment inquiry, but does it look

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<v Speaker 1>that way? You know, Um, I think impeachment is further

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<v Speaker 1>down the road. UM. I have a real question on

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<v Speaker 1>whether or not there's a political appetite it forward and

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<v Speaker 1>what exactly you know, the Chairman and connection with the Speaker,

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<v Speaker 1>what decisions they may make about how how to move

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<v Speaker 1>that forward. I know there's some maybe newer members of

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<v Speaker 1>Congress who feel like that's what's immediately what the Democrats

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<v Speaker 1>ought to do. But I do think that again, that's

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<v Speaker 1>a political process. The question from will will be I think,

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<v Speaker 1>through this investigation and through what we learned ultimately from

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<v Speaker 1>Bob Mueller's report, um, is there evidence of a high

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<v Speaker 1>crime or misdemeanor, and the Congress will decide those standards, uh,

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<v Speaker 1>and we'll decide how much proof in fact they have.

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<v Speaker 1>I know some people want to say, well, the House

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<v Speaker 1>will impeach because there's not enough votes in the Senate.

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<v Speaker 1>I don't know if that's true or not, or I

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<v Speaker 1>don't know if at some point the Repolis will make

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<v Speaker 1>a collective decision that the president and and you know,

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<v Speaker 1>his his his circle uh might be too large of

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<v Speaker 1>an albatross to have around their necks going into those

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<v Speaker 1>are Those are big political considerations. But I think that

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<v Speaker 1>you may see uh some evaluations of that once we

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<v Speaker 1>know exactly what evidence Bob Mueller has. What we have

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<v Speaker 1>now in the public record are pretty significant connections and

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<v Speaker 1>ties with Russia. UH. We can't get around the idea

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<v Speaker 1>that there was this Russian meeting. We can't get around

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<v Speaker 1>the fact that there was an attempt to cover that up.

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<v Speaker 1>We know that Poland data was shared. We know for

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<v Speaker 1>some reason Manaford was brought into the campaign and became

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<v Speaker 1>the bastic of the manager of the campaign, uh without pay.

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<v Speaker 1>We know that there was discussions about sanctions. We know

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<v Speaker 1>that Mike Flynn's testimony is still working, that he's given

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<v Speaker 1>Moller a lot of information that we don't yet have

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<v Speaker 1>disclosure of at this point. So I think there are

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<v Speaker 1>a lot of shoes left to drop, But I can

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<v Speaker 1>tell you with what's already out there. Um, you know,

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<v Speaker 1>there's it's it's some pretty damning information against the president. Now.

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<v Speaker 1>Democratic leaders say that the all subpoena the special Counsel's

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<v Speaker 1>report if Attorney General William Barr declines to hand it over,

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<v Speaker 1>and they'll sue to enforce the subpoena. President Nixon lost

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<v Speaker 1>his fight over the secret White House tapes in court. Well,

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<v Speaker 1>this fight go that way? Or do you think that

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<v Speaker 1>the things have changed in the court since then? You know,

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<v Speaker 1>I think that obviously there's been a change in the court.

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<v Speaker 1>But let me tell you. You know, there's been some

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<v Speaker 1>discussion about whether or not there would be privileged provisions

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<v Speaker 1>of the reports that shouldn't come out. Remember that executive

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<v Speaker 1>privilege was never meant to be a shield to protect

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<v Speaker 1>people from criminal conduct. Uh. There's a legitimate purpose to

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<v Speaker 1>have executive privilege, and that is to have deliberative discussions.

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<v Speaker 1>That's to be able to talk about policy things in private. Um.

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<v Speaker 1>But it's never it's never meant to be sort of

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<v Speaker 1>the cloak of protection against criminal prosecution. And that's that's

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<v Speaker 1>what it's being used for today. So you've got the

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<v Speaker 1>question of privilege. You also have the question, now how

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<v Speaker 1>much under the regulations of the report of motors report

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<v Speaker 1>might come out under the new Attorney general. It sounded

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<v Speaker 1>like during this confirmation here and he was not a

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<v Speaker 1>big fan of just letting the whole thing out, and

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<v Speaker 1>that he was going to try and to follow that.

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<v Speaker 1>And but remember those regulations are sort of the product

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<v Speaker 1>of this the Keen Star era, when we had you know,

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<v Speaker 1>these these uh, you know, sort of softcore porn almost

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<v Speaker 1>uh reports out there, put out with great public fanfare

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<v Speaker 1>and all the scandalous details, and so there was they

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<v Speaker 1>were looking for some way, I think to sort of

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<v Speaker 1>put the reins on that. Um. I think you could

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<v Speaker 1>see people subpoena. And I think you know, whether or

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<v Speaker 1>not there was an enforcement of Bob Mueller subpoena, that

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<v Speaker 1>would be a question or whether or not he would

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<v Speaker 1>he would feel like he should come forward. You might

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<v Speaker 1>find him joining that because he's particularly respect respectful of

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<v Speaker 1>his role, of his the breadth of his authority. Uh.

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<v Speaker 1>And I think of the process as a whole. So

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<v Speaker 1>I don't think you're going to see him out there

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<v Speaker 1>on a voluntary tell all stage. UM. But I also

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<v Speaker 1>think the public has a significant interest in having information

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<v Speaker 1>about the president, about the administration, about these ties that

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<v Speaker 1>have been alleged with a foreign government. UM. And you're

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<v Speaker 1>going to see, I think enormous political pressure for a

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<v Speaker 1>lot of that information to come out. So you may

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<v Speaker 1>have some committee hearings, you may have some subpoenas, you

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<v Speaker 1>may have somebody stand up and read the report from

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<v Speaker 1>the floor. You know, of what are the chambers? I mean,

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<v Speaker 1>who knows at that point. But UM, I do think

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<v Speaker 1>there's a benefit in getting in getting information out. On

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<v Speaker 1>the other side of that, UM, I'll tell you that

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<v Speaker 1>the Justice Department typically as a rule, does not like

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<v Speaker 1>to drag people through the mud who are not going

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<v Speaker 1>to be criminally prosecuted. In other words, you might do

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<v Speaker 1>an investigation, find there is no evidence. You don't take

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<v Speaker 1>somebody and just drag them on sort of air all

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<v Speaker 1>their public dirty laundry out to to for everybody to

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<v Speaker 1>see if if you're not gonna move forward the case.

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<v Speaker 1>That hadn't necessarily been the standard that's been followed in

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<v Speaker 1>recent years. Um, but that's the that's the reasoning behind

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<v Speaker 1>that policy. So it's fighting some balance between the public's

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<v Speaker 1>right to know, the policy of protecting innocent people, the

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<v Speaker 1>fact that this is a taxpayer fund and investigation, and

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<v Speaker 1>the ongoing investigations through Congress into the president and his

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<v Speaker 1>business operations. It will be finding that that that balance

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<v Speaker 1>and hopefully, you know, cooler heads will will prevail there.

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<v Speaker 1>Hopefully we just have about a minute here. There have

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<v Speaker 1>been reports for months about a large number of sealed

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<v Speaker 1>criminal indictments on the federal court docket in d C.

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<v Speaker 1>Speculation that they could be connected to Mueller's inquiry. Knowing

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<v Speaker 1>what you do about him, do you think that's likely.

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<v Speaker 1>I think it's likely. I think that the Special Council's

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<v Speaker 1>Office is very likely uh U seal indictments again in

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<v Speaker 1>connection with the idea that there may may have been

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<v Speaker 1>pardners promised or whether or not they can indict a president,

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<v Speaker 1>they could always go back, remember and try to charge

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<v Speaker 1>the president's company, so they could charge his son, and

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<v Speaker 1>they could charge his son in law, they could charge

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<v Speaker 1>his company. At that point, MULA would not have been

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<v Speaker 1>violating the Office Legal Council's guidance about indicting a sitting president,

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<v Speaker 1>but would rather be able to talk about the acts

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<v Speaker 1>of this president as he led the company while at

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<v Speaker 1>the same time charging people connect with the company who

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<v Speaker 1>happened to be very close to the president. So I

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<v Speaker 1>think it's very likely that there are sealed indictments out

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<v Speaker 1>there that that that we've we've yet to learn about.

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<v Speaker 1>Pleasure having you on, hope you'll come back again. That's

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<v Speaker 1>Michael Moore's former U S attorney for Georgia and he's

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<v Speaker 1>a partner with Pope mclamery. Thanks for listening to the

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<v Speaker 1>Bloomberg Law Podcast. You can subscribe and listen to the

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<v Speaker 1>show on Apple Podcasts, SoundCloud, and on bloomberg dot com

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<v Speaker 1>slash podcast. I'm June Brosso. This is Bloomberg