Both sides not now (2)

Washington attorney Cleta Mitchell is a partner in the Washington, D.C., office of Foley & Lardner and a bona fide legal expert on the thorny federal law of campaign finance. She brings her expertise to bear on the question we examined yesterday in “Both sides not now.” She asks what is by now a rhetorical question concerning the Mueller Switch Project: “Fair-minded investigation or partisan witch hunt?” Cleta bores in on the campaign-finance angle of the great political scandal hiding in plain sight. After setting the stage with Michael Cohen’s guilty plea last week, Cleta makes a follow-up suggestion:

Let’s start with the payments from the Hillary Clinton campaign and the Democratic National Committee (DNC) to Fusion GPS for the infamous dossier that triggered the entire Mueller investigation of “Russian collusion.” It is still not known how much the Democrats paid to Fusion GPS because that information has not been released, even though it was revealed almost a year ago that the source of payment was the Democrats. We should know the exact amount paid to Fusion GPS by the DNC and the Clinton campaign because all expenditures over $200 by parties and campaigns are required to be reported to the Federal Election Commission (FEC). However, the Democrats’ payments for the discredited dossier were falsely reported as “legal fees” paid to Perkins Coie, and not disclosed as to the actual vendor, amount, or purpose — as required by federal law. It is a federal offense to falsify an FEC report, which was obviously done in this case. Perhaps there is a conflict of interest for Mueller to investigate this matter, since it involves several of his own agents as potential witnesses, thus suggesting that the investigation of the Fusion GPS payments from Perkins Coie should be referred to the U.S. Attorney for the District of Columbia, in the same manner that Mueller transferred the Cohen case to the U.S. Attorney for the Southern District of New York.

Cleta makes a follow-up suggestion on the false-statements pleas obtained by the Mueller team:

It is a federal crime to make false statements to a federal agent, and Mueller has charged at least two persons associated with President Trump with that crime: Michael Flynn and George Papadopoulos. Fusion GPS and its founder, Glenn Simpson, should also be investigated and charged with making false statements to the FBI and congressional investigators, both in their Clinton-paid research paper that was served up to the FISA Court and in Simpson’s meetings with Bruce Ohr and others. As someone on the receiving end of Glenn Simpson’s lies, I’ll be happy to assist in the investigation of Glenn Simpson when Mueller decides to pursue him in the same way he has pursued others.

Cleta also has a follow-up suggestion on the search and seizure that preceded the Cohen plea agreement:

And now that we have the precedent in the Cohen case for federal intrusion into the heretofore sacrosanct attorney–client privilege, we are waiting for Mueller to swoop into the Perkins Coie law firm and seize the records of the Clinton/DNC attorney, Marc Elias. The firm was paid $9 million during the 2016 election by the DNC and the Clinton campaign, and the payments to Fusion GPS flowed through Elias and were falsely reported to the FEC as “legal fees.” We are waiting for Mueller to confiscate the Elias records just as he did Michael Cohen’s, so there can be a thorough federal investigation into the role Elias and his firm played in the dossier scandal. And once he gets into those records and files, who knows what other offenses might be uncovered? What’s good for the Michael Cohen goose surely is just as good for the Marc Elias gander.

She turns one more time to the Cohen plea:

Cohen’s guilty plea stated he violated federal contribution limits and reporting requirements with his payments of $25,000 during the 2016 calendar year to “silence” two women making accusations against then-candidate Trump (the plea agreement states that Cohen paid hundreds of thousands of dollars, but only $25,000 during 2016). The plea agreement does not once indicate or state that “Individual-1” (candidate Trump) was in any way involved in or aware of Cohen’s activities. That is an issue for another discussion.

Cleta’s argument culminates in her direct statement of the point of this exercise:

The point here is that if Mueller is interested in unreported and excessive contributions to a 2016 presidential campaign, he can certainly accomplish that objective on a much grander scale in both the amounts involved and the scope of the conspiracy by turning his attention to the $84 million that flowed through the DNC in their massive scheme to completely evade the legal contribution limits to the Clinton campaign. Their misconduct is laid out quite specifically in a federal civil suit filed in May 2018 (Committee to Defend the President v. Federal Election Commission), making Mueller’s job fairly straightforward. Mueller and his agents could spend 30 minutes reading the complaint in that lawsuit and the memorandum of understanding prepared by Marc Elias for and signed by the DNC and the Clinton campaign (Elias represented them both) that gave Clinton control of the DNC’s finances, activities, and expenditures, as well as the millions of dollars in proceeds of joint fundraising by the DNC, state Democratic parties, and the Clinton campaign. These co-conspirators collectively engaged in the greatest campaign-finance scandal in history. Mueller has the opportunity to prove that his investigation is not a partisan witch hunt, as millions of Americans now believe. It will be interesting to see if he applies the same fervor to the Democrats’ 2016 campaign-finance violations and activities that he has applied to those of President Trump and his associates.

Below I have embedded the 20-page complaint cited by Cleta in her concluding paragraph via Scribd. I hadn’t seen either the memorandum of understanding or the complaint before. I thought some readers might be interested in taking a look.

Cleta writes ironically when she states “it will be interesting to to see if he applies the same fervor to the Democrats’ 2016 campaign-finance violations and activities that he has applied to those of President Trump and his associates.” We understand the nature of the project in which Mueller is engaged. It has nothing to do with the Clinton campaign, the confederates of the Clinton campaign or “the greatest campaign-finance scandal in history.”

Cdp Cdp Complaint-1 by Scott Johnson on Scribd

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