NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / World

Comment: No collusion! Oh, wait - maybe collusion!

By Paul Waldman comment
Washington Post·
30 Jul, 2018 10:10 PM8 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

US President Donald Trump listens to Italian Prime Minister Giuseppe Conte during a news conference in the East Room of the White House. Photo / AP

US President Donald Trump listens to Italian Prime Minister Giuseppe Conte during a news conference in the East Room of the White House. Photo / AP

Whenever Rudy Giuliani makes a new round of television appearances saying false, curious or just bizarre things in defence of his client, US President Donald Trump, some people inevitably ask why he keeps getting invited back on these programmes.

But there's a great value to Giuliani's appearances. They tell us what the President is thinking about Special Counsel Robert Mueller 's investigation into the Russia scandal - and what he's afraid of.

They also serve as a kind of briefing to Trump's supporters: Here's the new defence of Trump's actions, so you'd better get ready to repeat this argument, however ridiculous it might be.

Today, Giuliani appeared on Fox & Friends and CNN's New Day, and said some very interesting things.

Let's begin with this portion of the CNN interview, in which he was trying to argue that Paul Manafort, the Trump campaign chairman who is about to go on trial for a panoply of crimes, barely had anything to do with the campaign or Trump himself:

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

"Four months, they're not going to be colluding about Russians, which I'm not even [sure] if that's a crime, colluding about Russians. You start analysing the crime, the hacking is the crime, the hacking is the crime. Well, the President didn't hack! He didn't pay them for hacking!"

There's something else important Giuliani said on CNN, but before we get to that, here's how he reiterated the point on Fox:

"I've been sitting here looking in the federal code trying to find "collusion" as a crime. Collusion is not a crime."

Advertisement
Advertise with NZME.

In a very strict sense, Giuliani is right that there isn't a particular crime called "collusion." But that's kind of like saying that if you walked into an Apple Store, stuffed an iPhone in your pants and walked out, you're innocent because the criminal code makes no specific reference to "stuffing an iPhone in your pants."

Given how Rudy is on a full-tilt run this morning saying "collusion isn't a crime", I have to start wondering what impending stories are in the pipeline...

— Bradley P. Moss (@BradMossEsq) July 30, 2018

Now it's possible that Trump himself, or someone on the Trump campaign, could have "colluded" with Russia to commit an act that is not illegal and, therefore, they wouldn't be guilty of any crime.

For instance, they could have colluded to find the best taco truck in Manhattan. They could even have discussed some kind of policy initiative that they would cooperatively pursue if Trump became president. But the real problem with the "collusion is not a crime" argument is that if they cooperated to do almost anything that helped Trump in his election campaign, then it would have been illegal.

There are multiple crimes under which any cooperation between the Russian Government and the Trump campaign could potentially fall.

Discover more

World

Manafort made millions in Ukraine

30 Jul 06:19 PM
Opinion

Comment: Rudy Giuliani just obliterated goal posts

30 Jul 05:55 PM
World

Trump on Iran: 'If they want to meet, I'll meet'

30 Jul 07:58 PM
World

Top Democrat's plan to tackle fake news

30 Jul 11:00 PM

If the campaign sought and/or received damaging information on its opponent from sources connected to the Russian Government, it would almost certainly be in violation of this statute, which prohibits "a person to solicit, accept, or receive a contribution" from a foreign national for the purpose of a political campaign.

A contribution could be money, but it could also be any other "thing of value," and dirt on your opponent would seem to qualify. In addition to the crime of accepting the contribution, they could also be charged with conspiracy to violate election laws, or with aiding and abetting another person's crime.

It's important to remember that the Trump defence on Russia has gone through numerous iterations, ranging from outright lies to laughable assertions.

First they said nobody on the campaign ever talked to any Russians.

Then they said they may have talked to Russians but didn't have any planned meetings.

Then they said that they had a planned meeting with Russians but didn't collude with Russians.

Advertisement
Advertise with NZME.

And now they're saying that even if they did collude with Russians, that's okay because collusion isn't a crime.

#Trump's alibis:
1. Russia didn't interfere
2. It had no effect.
3. NOBODY in our campaign knew about it.
4. Nobody IMPORTANT knew about it.
5. Top people knew, but that's not "collusion."
6. "Collusion is perfectly ok."
7. Next up: "collusion is good b/c it helped us win."

— Stephen Walt (@stephenWalt) July 30, 2018

Giuliani said something else during his CNN interview that was somewhat convoluted and difficult to understand, but it points to what could be another serious part of this story.

Host Alisyn Camerota asked him about the President knowing beforehand that his son, son-in-law and campaign chairman were about to meet with a group of Russians to get dirt on Clinton; Trump has denied he knew, while Michael Cohen says he did. Here's part of Giuliani's response:

GIULIANI: Lanny Davis [Cohen's lawyer] has added that there was a meeting two days before the meeting took place, with Donald jnr, Jared, Manafort and two others, Gates and one more person.

CAMEROTA: And that's a real meeting. You're saying that-

GIULIANI: That's a real meeting on another provable subject in which he did not participate.

Advertisement
Advertise with NZME.

[. . .]

GIULIANI: And this meeting that Cohen's talking about took place before the meeting with the Russians. But the other thing that's contradicted is Cohen also now says, 'cause he says too much, that two days before, he participated in a meeting with roughly the same group of people, but not the President, definitely not the President, in which they were talking about the strategy of the meeting with the Russians. The people in that meeting deny it, the people we've been able to interview. The people we've not been able to interview have never said that about that meeting.

NEW: Giuliani just moved the goal posts in 2 big ways on Fox & CNN :
1. He's no longer claiming Trump didn't collude with Russia. He's claiming "collusion is not a crime."
2. He's not saying Trump did not know abt 2016 Russia mtg in advance. He's saying Trump did not ATTEND it.

— Christina Wilkie (@christinawilkie) July 30, 2018

This is somewhat hard to understand because Giuliani isn't being particularly clear. But he seems to be saying there was some completely unrelated meeting two days before the meeting with the Russians, and Cohen is now claiming that was a meeting to strategise about the Russians. Cohen has not claimed this publicly; it sounds as though it occurred in some communication between his lawyers and the Trump legal team.

In and of itself, that meeting might not mean much. But let's remember that two days before the meeting with the Russians, which would be June 7, 2016, is also when Trump told a crowd, "I am going to give a major speech on probably Monday of next week and we're going to be discussing all of the things that have taken place with the Clintons. I think you're going to find it very informative and very, very interesting." After the Russian meeting was a bust, his "major speech" laying out Clinton dirt never took place.

It's possible on one hand that nothing happened at the June 7 meeting or, on the other hand, that the participants all agreed that Trump was being kept up to date about the whole thing. If Rick Gates (Paul Manafort's deputy) was there, we could find out, because he's now cooperating with the Mueller investigation.

As with Kellyanne Conway, I don't think you can justify — on informing-the-public grounds — repeat invitations for Giuliani to do his thing. Because his "method" is confuse anyone listening, including himself. These interviews must have a different logic. pic.twitter.com/fePcvrXf3f

— Jay Rosen (@jayrosen_nyu) July 30, 2018

This question does remind us that we're talking about two separate things when we look at the Russia investigation.

Advertisement
Advertise with NZME.

One is whether crimes were committed - crimes that could send people in Trump's orbit to prison. We already know that there were crimes, because multiple former Trump aides have pleaded guilty (Gates, Michael Flynn, George Papadopoulos). The question is how many more crimes there were.

The second and larger question is exactly what went on in the Trump campaign and ever since, whether it involves crimes or not.

For instance, lying to the public is not a crime.

If it turns out that Trump did know in advance about the Russia meeting and has been lying about it all along - a possibility whose odds I'd put at about 95 per cent, but you may feel differently - he won't go to jail for it, but it should certainly be taken into account when we're considering whether Trump should be re-elected and/or whether he should be impeached. It wouldn't be the first time Trump denied knowing about something that he was later proven to have known about.

As hard as it can be to keep up with Trump's ever-shifting defences of what he, his family and his aides did with Russia in 2016, we have to keep that in mind: Crimes are a key part of this story, but they're only a part.

Save

    Share this article

Latest from World

World

Musk's SpaceX Starship explodes in Texas test

19 Jun 08:39 AM
World

Missile strikes Israeli hospital; Israel attacks Nanatz nuclear site again, Arak heavy water reactor

19 Jun 06:39 AM
World

What to know about Thailand's political crisis

19 Jun 04:25 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from World

Musk's SpaceX Starship explodes in Texas test

Musk's SpaceX Starship explodes in Texas test

19 Jun 08:39 AM

Starship, at 123m tall, is key to the billionaire's Mars colonisation plans.

Missile strikes Israeli hospital; Israel attacks Nanatz nuclear site again, Arak heavy water reactor

Missile strikes Israeli hospital; Israel attacks Nanatz nuclear site again, Arak heavy water reactor

19 Jun 06:39 AM
What to know about Thailand's political crisis

What to know about Thailand's political crisis

19 Jun 04:25 AM
Karen Read found not guilty of police officer boyfriend's murder

Karen Read found not guilty of police officer boyfriend's murder

19 Jun 03:26 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP