Admittedly this is some really wild speculation but this popped into my head while I was eating dinner and I can’t let it go.
That meeting yesterday where Trump summoned Rosenstein and Wray to the Oval Office for a direct “chat” about what he wants is wrong on so many levels it’s impossible to grasp it all. I can think of any number of questions the media can and should keep hitting Trump with for the rest of the week around the concept of “You repeatedly criticized that fifteen minute meeting on the tarmac in California between Bill Clinton and AG Loretta Lynch. Neither Bill or Hillary was President and in control of the Executive Branch, but YOU are in fact President so how is making Rosenstein & Wray come and talk to you about the investigation not the highest level of hypocrisy on your part?
Well, that’s not why I’m writing this. I’m writing this because it occurred to me that both Rosenstein & Wray are experienced federal prosecutors. They know a few things about the nuts and bolts of directly running investigations and questioning witnesses both before charges are filed and later during actual prosecutions. On top of that one of the key areas in the current matter is Obstruction of Justice. Now, I don’t know what the law is in the District of Columbia when it comes to recording conversations. In some jurisdictions absent a search warrant the law requires two party consent — IOW one person can’t record another without THAT person’s overt/expressed permission. OTOH in some jurisdictions (NY State for example, something Trump is surely worried about when it comes to Michael Cohen) it’s perfectly legal for one individual to record another person without them knowing.
Again, keeping in mind that we’re talking about two experienced prosecutors who have dealt with folks far smarter and far less impulsive than Trump it’s not hard for me to imagine them politely “pushing his buttons” to get him to start rambling. The kind of rambling in why he wanted them to do what he’s publicly said he is ordering them to do. And what “might happen” if they don’t!
In my hopes (ok — fantasy) Rosenstein & Wray put their heads together and came up with such a strategy, and both of them recorded it. Live. On tape.
Doesn’t that make for a tantalizing “what if?”
Also, given all the evidence so far is it crazy to think that maybe, just maybe if the District is a “both party consent to record” jurisdiction that they might have been able to make a case to a judge for a warrant to record the meeting?
Well, that’s my hope fantasy. That given what they knew, and knew was coming in the meeting they set Trump’s worthless ass up and have him cold on Obstruction of Justice. The only question would be how quickly to play that card. There would surely be legal questions surrounding the issue of subtly warning Trump (via the WH Counsel perhaps) to back the hell off. But if either is fired they’d surely be in front of Congress soon after. And be able in response to a question state that yes, they were threatened. And yes, they have it on tape which has been turned over to investigators! Somehow I don’t think that’s a piece of evidence the GOP on the Hill will be demanding be turned over. Even if it’s offered to them in public testimony.
At this point I’m grasping at straws but I need something to give me hope…...