It shouldn’t have taken this long. It’s been sabotaged by corrupt bad actors at every turn for years. But once Donald Trump lost the election, it was always going to happen inevitably. And sure enough, former White House Counsel Don McGahn has finally publicly confessed to Trump’s obstruction of justice crimes.
McGahn testified about these crimes to the Mueller team long ago – but as we all remember – the most important parts of the Mueller report were illegally buried by Bill Barr and then the media inexplicably took Barr at his word. But now McGahn has testified about Trump’s obstruction crimes to Congress, and while it took place behind closed doors, McGahn knew the transcript would be released shortly after his testimony.
Sure enough, that happened yesterday. The public transcript reveals that while Don McGahn wasn’t the most cooperative of witnesses, he did specifically state that Donald Trump ordered him to do things to interfere with the Mueller probe that he refused to do, because he viewed the orders as illegal. This is a confession on McGahn’s part that he witnessed Trump commit felony obstruction of justice.
Why does this matter? Here’s the thing. Donald Trump is already facing grand jury indictment in New York, and he’s on a glide path to state prison. But that will be for his financial crimes, many of which took place before he took office. The big question is whether Trump will also be federally criminally charged for the crimes he committed in his role as President.
McGahn’s confession to Trump’s guilt will make it a heck of a lot easier for the Feds to criminally charge Trump with obstruction of justice, if they want to. Also, the public release of this testimony should help ramp up public demand for Trump’s federal prosecution, which will help put pressure on the Feds to charge him even if they’d rather not.
Because McGahn’s testimony emerged as a transcript and not live on television (something that McGahn would never have agreed to and would have instead fought in court for another few years), the impact of his testimony won’t be immediate. But we’re already seeing the McGahn transcript filter its way into media coverage, which will help gradually educate the public about Trump’s obstruction crimes, which could finally get the ball rolling on obstruction charges.
Again, Donald Trump is already earmarked for prison for financial crimes in New York. And frankly, it’ll be infinitely easier to get a jury to convict Trump for straightforward financial crimes than it will be to get a jury to convict Trump for something as qualitative as obstruction of justice. But if you believe that the Feds must criminally charge Trump for his crimes in office, suffice it to say that those odds – while still unknown – certainly just went up.
Bill Palmer is the publisher of the political news outlet Palmer Report