27 September 2018

The New York Review of Books: Mike Pence, Star Witness

Because of these extraordinary circumstances, some of the president’s men decided that they had to take extraordinary action. I have learned that, in order to force the president’s hand in firing Flynn, two senior government officials instructed aides over the weekend that followed to leak sensitive information to The Washington Post and other news organizations in order to underscore that Flynn had likely lied about his conversations with Kislyak, and that there were concerns at the highest levels of the Justice Department and the FBI about Flynn’s conduct. These two officials believed that they were, in the words of one person familiar with the effort, “protecting Trump’s presidency from himself” and the country’s “national security from the president.” I have no information that Vice President Pence was involved in the leaking of this information, but Pence had certainly by then become a strong advocate of Flynn’s firing and, together with Priebus and McGahn, was extremely frustrated that the president had taken no action. [...]

This new information suggests that Vice President Pence could prove to be a crucial witness in Special Counsel Robert Mueller’s investigation into whether Trump obstructed justice. There is no evidence of wrongdoing by the vice president. If the special counsel questions him, it would almost certainly be only as a witness, and it is far from certain that he will necessarily be questioned by investigators. [...]

Pence, Priebus, and McGahn then spoke with the president. All three counseled Trump that Flynn should be asked to resign, or be fired, according to White House records. Pence “took the lead” during this discussion, one well-placed source with knowledge of the matter told me. The vice president was uncharacteristically outspoken during their conversation because he no longer had any doubt that Flynn had lied to him and had done severe damage not only to the White House’s reputation, but also to Pence’s personal reputation, according to two people familiar with the matter. Attempting to depersonalize the issue, Pence said that the issue was not only that he had been lied to, but that Flynn had embarrassed the president and the administration. But as one person familiar with this presidential discussion told me, it was also about Pence himself, who felt that “for the president to not care about that aspect of it was disrespect for the vice president personally.” [...]

To date, Pence has played the part of deferential deputy to the president who, above all, demands loyalty from his subordinates. It is clear from this new account, though, that Pence interceded forcefully with the president about firing Flynn. There are few other people who know as much as Pence does about whether the president possibly broke the law. The president and his legal team have based their claim that Trump did not obstruct justice on the premise that Trump did not know that Flynn was under FBI investigation and did not know that Flynn had possibly lied to the FBI. Pence, according to the new information in this story, has some knowledge as to whether that is true. Pence also would have significant insight into the president’s frame of mind—his intent and motivation, the foundational building blocks of any obstruction case—when he allegedly pressured Comey to shut down his investigation of Flynn.

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