Im-Politic: Deconstructing Obstruction of Justice

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Constitution, Dianne Feinstein, FBI, high crimes and misdemeanors, Hillary Clinton, Im-Politic, impeachment, James Comey, James Lankford, James Risch, Marco Rubio, Michael J. Flynn, obstruction of justice, removal, Russiagate, Senate Select Committee on Intelligence, Trump

There have been so many important economic and foreign policy stories to write about these days, and certainly RealityChek will be covering lots of them. But this of course is #ComeyDay, as they’ve said on Twitter, and I thought the most useful item I could post today would focus on one of the central questions raised by the Russiagate controversy: Has President Trump committed an impeachable offense?

Before beginning, though, it’s vital to recognize that although the Constitution provides for impeachment (and removal – they’re two separate matters) of government officials, including the president, on the grounds of “high crimes and misdemeanors,” the Framers never defined this term. Not surprisingly, legal specialists have made any number of convincing arguments for infusing these words with some specific content. But at least based on this Congressional Research Service survey, the consensus seems to be that “high crimes etc” mean anything that a majority of the House of Representatives (which impeaches) and two-thirds of the Senate (which conducts the trial, and whose guilty verdict on any specific charges, or “articles” results in removal from office) believe it means.

So legally and Constitutionally speaking, the debate on whether the president is guilty of the specific crime of obstruction of justice is beside the point. Politically speaking, though, finding this kind of actual violation of criminal law would make impeachment and removal votes much easier to justify for lawmakers when they face the electorate.

The main evidence so far in favor of an obstruction charge consists of two claims made by Comey under oath in his opening statement today to the Senate Select Committee on Intelligence. First, according to the former FBI Director, in a one-on-one February 14 Oval Office meeting, Mr. Trump made the following comments about the bureau’s probe of former White House national security adviser Michael J. Flynn:

“‘He is a good guy and has been through a lot.’” He repeated that Flynn hadn’t done anything wrong on his calls with the Russians, but had misled the Vice President. He then said, ‘I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.’”

Second, in phone calls with the president on March 30 and April 11, Comey said Mr. Trump referred to a “cloud” that was undermining presidency’s agenda that he wanted Comey’s help in lifting. In the first phone call, according to Comey,

“the President called me at the FBI. He described the Russia investigation as ‘a cloud’ that was impairing his ability to act on behalf of the country. He said he had nothing to do with Russia, had not been involved with hookers in Russia, and had always assumed he was being recorded when in Russia. He asked what we could do to ‘lift the cloud.’ I responded that we were investigating the matter as quickly as we could, and that there would be great benefit, if we didn’t find anything, to our having done the work well. He agreed, but then re-emphasized the problems this was causing him.”

Comey added that President Trump “finished by stressing “the cloud” that was interfering with his ability to make deals for the country and said he hoped I could find a way to get out that he wasn’t being investigated.”

In the April 11 call, Comey stated that Mr. Trump

“asked what I had done about his request that I ‘get out’ that he is not personally under investigation. I replied that I had passed his request to the Acting Deputy Attorney General, but I had not heard back. He replied that ‘the cloud’ was getting in the way of his ability to do his job. He said that perhaps he would have his people reach out to the Acting Deputy Attorney General. I said that was the way his request should be handled. I said the White House Counsel should contact the leadership of DOJ to make the request, which was the traditional channel.”

It seems clear, therefore, that the “cloud” references concerned the president’s belief that Comey should have informed the public that he personally was not being investigated by the FBI for anything. That is, it had nothing to do with the Russiagate investigation or the separate Flynn investigation. And responding to separate questions from California Democrat Dianne Feinstein and Florida Republican Marco Rubio, Comey explicitly agreed.

The question still remains, however, of whether Mr. Trump’s Flynn comments constitute obstruction. At this point, definitive answers aren’t possible. For one, the president’s personal attorney has denied Comey’s claim that any such Flynn-related statements were made at all. For another, as all the legal community seems to agree, obstruction of justice is a complicated act consisting of numerous criteria that need to be met. But what’s certainly noteworthy for the time being is what Comey himself has said about the matter – and what he hasn’t said.

It’s important to observe that Comey at one point did indeed tell the Senate panel, that although he found the Flynn remarks “very disturbing, very concerning,” he also said

“I don’t think it’s for me to say whether the conversation I had with the president was an effort to obstruct….that’s a conclusion I’m sure the special counsel will work towards to try and understand what the intention was there, and whether that’s an offense. “

Considering Comey’s willingness to expound at great length last July on Democratic presidential candidate Hillary Clinton’s innocence of the charge of criminally mishandling classified information on her personal server, that sounds coy at very best.

In addition, Comey was given repeated chances to characterize the Flynn statements as obstruction. For instance, Idaho Republican James Risch asked him whether the president “directed” or “ordered” him to “let it go.” Comey responded, respectively, “Not in his words, no” and “those words were not an order.”

Comey then added that “I took it as a direction” because “this is a president of the United States with me alone saying I hope this. I took it as, this is what he wants me to do. I didn’t obey that, but that’s the way I took it.”

Also pertinent: In response to a question from Rubio, Comey said that President Trump never asked him to “let go” the Flynn investigation after the February 14 meeting. Moreover, Comey told Republican James Lankford of Oklahoma that neither any White House nor Justice Department staffers, nor the heads of any of the intelligence agencies ever mentioned to him dropping the Flynn probe.

As Lankford concluded: “The key aspect here is if this seems to be something the president is trying to get you to drop it, it seems like a light touch to drop it, to bring it up at that point, the day after he had just fired Flynn, to come back here and say, I hope we can let this go, then it never reappears again.”

Keeping in mind that other shoes could always drop, that’s an observation I hope will remain front and center as the Russiagate probes – and press coverage – drag on.

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Im-Politic: Why Russiagate Could be a Never-Ending Story

Tags

2016 election, Daniel Coats, Democrats, FBI, Im-Politic, intelligence, intelligence community, James Comey, Mark Warner, Michael S. Rogers, National Security Agency, Russiagate, Senate Select Committee on Intelligence, Trump

This morning’s Senate Select Committee on Intelligence hearings on some of the Russiagate scandal charges preoccupying Washington remind Americans once again how determined most Democrats are to continue what looks like a politically inspired, open-ended fishing expedition.

Don’t get me wrong: Russia’s interference with the 2016 presidential election (and apparently others before it) is a national security threat of the first order. Stronger official U.S. responses than we’ve gotten so far are essential. Moreover, since any Russian cooperation offered on common problems such as fighting terrorism isn’t an act of charity, and serves Russian interests, such sanctions need not upend such joint efforts.

At the same time, the intelligence community issued the public version of what it’s discovered months ago. It’s fine for Congress to conduct its own probes, but it’s unclear what Capitol Hill will find out about Moscow’s meddling that the CIA etc don’t already know.

In addition, of course it’s essential to know if President Trump or anyone connected with him or his campaign “colluded” with the Russians in this election interference, or if the chief executive and/or associates has tried to impede the executive branch probe of this subject that are underway. It’s also clear that not all the facts are in – or at least publicly divulged.

But I’m more convinced than ever that Democrats generally, for the foreseeable future, aren’t likely to take any official “No’s” for answers having just seen Virginia Senator Mark Warner query National Security Agency chief Admiral Michael S. Rogers and Director of National Intelligence Daniel Coats on reports that Mr. Trump tried to persuade them, respectively, to deny the existence of any collusion, and to intervene with Trump-fired FBI chief James Comey to “back off” an aspect of the agency’s Russiagate work.

After all, as I’ve written, though the Russiagate uproar has now lasted for months. But although President Trump’s opponents in the intelligence community clearly have absolutely no compunction about leaking the most sensitive national security material to cripple his administration, they’ve produced absolutely nothing in the way of a collusion smoking gun.

Today, Warner directly asked Rogers and Coats to confirm or deny those Trump interference charges – which of course raises the question of whether from now on, taxpayer funds are going to be spent running down every anonymously sourced allegation produced by every organ of the Mainstream Media. But whether you think this is a good use of lawmakers’ time or not, bear in mind how Rogers and Coats answered: Although both refused to disclose the details of any specific conversations they’ve had with the president, both also denied ever in their careers (including this year) having been asked or pressured to do anything improper regarding an investigation in progress.

Warner’s response? (And he’s far from one of the Democratic Party’s Maxine Waters-like yahoos.) “[H]e was ‘disappointed’ with the officials’ answers. He told Rogers the committee had ‘facts’ that other individuals were aware of his conversation with Trump and that a memo had been written about it.” But did Warner then go on to reveal those “facts”? No.

On Thursday of course Comey himself will appear before the Senate Intelligence Committee. In fact, the panel has just released his opening statement. My first read – and the reaction of the Twitterverse, for what it’s worth? No smoking gun confirming obstruction of justice charges – though Comey did describe his view of a key conversation with the president as “very concerning.” No matter. Based on his performance today, I expect Mark Warner and most of the rest of his party to make sure that Russiagate remains the (manufactured) political gift that keeps on giving.

Im-Politic: Initial Thoughts on the Trump Wars

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2016 election, Andrew McCabe, Director of National Intelligence, FBI, hacking, Hillary Clinton, Im-Politic, impeachment, intelligence community, James Clapper, James Comey, John McCain, Justice Department, Lindsey Graham, Loretta Lynch, Michael T. Flynn, Richard M. Nixon, Russia, Russiagate, Sally Yates, The New York Times, The Washington Post, Trump, Wategate

Since I’m not a Trump or intelligence community insider, I’ve refrained from posting any items on the last crisis that began surrounding the administration starting with the president’s firing of James Comey as FBI Director. (I have commented on some aspects briefly on Twitter.) But since I’m a strong supporter of many positions championed by Mr. Trump both during the campaign and – to a lesser extent – in the White House, I thought that RealityChek readers would be interested in some observations about aspects of the uproar that deserve more consideration.

First and most important: Both current and former officials in the federal bureaucracy and even the intelligence community clearly hope to end the Trump presidency, and have decided to leak to the equally anti-Trump Mainstream Media even the most highly classified material if it’s judged to be potentially harmful to the president. Yet no leaks have revealed any evidence supporting the central allegation against the president: the charge that he or close aides colluded in any way with Russian efforts to fix the presidential election in his favor.

Given that the president’s foes long viewed the prospect of his victory with alarm, and given that they have sought to de-legitimize this victory since it unfolded the evening of last November 8, the absence of such a smoking gun after so many months is absolutely startling. If this evidence exists, what are President Trump’s adversaries waiting for?

P.S. – this argument pertains to retired General Michael T. Flynn, who advised candidate Trump and briefly became his White House national security adviser. Flynn has certainly acted in several instances like he’s had something (or things) to hide. But he’s been tracked for months by intelligence officials who – again – have been anything but reluctant to make troubling findings public. And nothing has emerged pointing to working with Russia to undermine the campaign of Democratic nominee Hillary Clinton.

One possible explanation? Many anti-Trump-ers are waiting for the 2018 mid-term elections to get closer and closer, in order to boost the chances of a Democratic landslide before the administration had a chance to rebut the charges conclusively – and before Congressional Republicans have a chance to dissociate themselves from Mr. Trump. And maybe they’re being joined by some establishment Republicans, who hope to recapture their party from the Trump-ist forces. And maybe both factions are motivated mainly by the belief that Mr. Trump is such an unprecedented danger to the republic that any means are warranted to remove him from the Oval Office.

If so, however, some big legal issues pop up.  For instance:  Are individuals privy to information about crimes – and in fact major crimes – withholding them from law enforcement authorities? 

Second: Not only has no evidence of collusion been leaked. The former head of the entire intelligence community has just made clear that, during his own prolonged probe of Russia’s efforts to interfere with the election (a related but clearly separate issue, for which strong evidence exists), he saw none.

In March, James Clapper, who resigned as Director of National Intelligence soon after the election, had tantalizingly hinted at the existence of such material by telling a reporter that the intelligence community “did not include any evidence” in its January report on the Russian campaign “that had anything, that had any reflection of collusion between members of the Trump campaign and the Russians. There was no evidence of that included in our report.”

But when pressed by “Meet the Press” anchor Chuck Todd to confirm whether such evidence existed, Clapper responded, “Not to my knowledge.” And when asked under oath in Senate testimony on three months later whether that statement was still accurate, Clapper stated, “It is.” In other words, Clapper’s probe, which reflected the work of 16 intelligence agencies including his own Director’s office uncovered no collusion evidence.

The issue was briefly muddied during that same hearing by former Deputy Attorney General Sally Yates. Like Clapper, an Obama administration appointee to her latest position, Yates initially answered the question about collusion by demurring. She explained that her “answer to that question would require me to reveal classified information. And so, I — I can’t answer that.”

As noted by questioner Senator Lindsey Graham – no admirer of President Trump – the FBI that Yates helped supervise as the second-in-command at the Justice Department was part of Clapper’s Russia investigation. After Yates indicated that the FBI was conducting its own separate counter-intelligence inquiry into Russia’s activities, Graham asked Clapper if the evidence found by the Bureau at that time “was not mature enough” to justify including in the broader intelligence community report.

Responded Clapper: “[T]he evidence, if there was any, didn’t reach the evidentiary bar in terms of the level of confidence that we were striving for in that intelligence community assessment.”

So again, a protracted look into Russia’s Election 2016 hacking produced no evidence of collusion that the intelligence community as a whole believed was solid enough to justify even hinting at in its publicly stated conclusions.

Third: One highly damaging allegation that’s been made over the last week was the Washington Post‘s claim that Comey requested more resources from the Justice Department for his investigation just before he was fired. The clear implication: The president became convinced that Comey was ramping up his investigation – which began in July – and decided to fire him in order to deny him the funds needed to do the job adequately. Such an action, of course, would at least strongly resemble obstruction of justice.

This article, however, too, looks fishy. Post reporter Ashley Parker did include an on-the-record flat Justice Department denial, but needless to say, government spokespersons lie or dissemble all the time. Much more difficult to dismiss: Acting FBI Director Andrew McCabe – who had been Comey’s former top deputy – stated in his own sworn testimony to Congress that he was unaware of any such request.

Yes, it’s true that Comey might have made the request without telling McCabe. But how much sense does that make? Nor can anyone accuse McCabe of being a Trump toady. His wife, Jill, had run for office in 2015 as a Democrat and had accepted $500,000 in campaign contributions from the political organization of a long-time Clinton family ally, Virginia Governor Terry McAuliffe.

Finally (for now!), comes the subject, as reported in The New York Times, of Comey’s alleged memo claiming that President Trump asked him to drop his Russia investigation in a February meeting. The former FBI Director will surely have the chance to confirm, deny, or otherwise elaborate on this story and the conversation in his own testimony under oath to Congress.

As suggested by prominent Trump critic Republican Senator John McCain of Arizona, if this request was made, we’re talking about a genuinely Nixonian case of obstruction of justice. (The “smoking gun” tape that played such a decisive role in Richard Nixon’s impeachment and removal in 1974 centered precisely on a decision by the former President to order the FBI to stop its Watergate investigation.)

As Mr. Trump’s critics like to say, however, the Times article “raises questions” – indeed, big ones. First, it’s crucial to note that, as Nixon himself admitted, his actions were intended to cover up criminal activity. As noted above, there’s no evidence yet of a Russia-related crime committed by the Trump administration.

More immediately, Comey has not exactly been shy about loudly expressing, acting on, and widely sharing his concerns about obstacles to official inquests and other behavior he considered improper. In 2004, he threatened to resign as Deputy Attorney General over post-September 11 domestic surveillance programs he viewed as illegal. Last July, he famously held a press conference in which he took the extraordinary step of moving beyond his position’s investigative role to explain extensively his decision to recommend against indicting Hillary Clinton for using a personal email system as Secretary of State. And earlier this month, Comey said – again, under oath – that he took this step because he unilaterally decided that his superior, Attorney General Loretta Lynch had lost credibility as a Clinton investigator because of her meeting with the candidate’s husband, former President Bill Clinton, in June.

It’s certainly possible that Comey has decided to keep firsthand evidence of clear Trump criminality under wraps for going on three months now. But it sure looks out of character.

All of the above notwithstanding, there’s no question that the President’s undisciplined and often contradictory statements understandably have created major suspicions – which are by no means confined to his enemies’ ranks. The consequently confused efforts by his surrogates to clean up these messes have only compounded the problem. And even if the administration had its communications act together, one indisputable lesson of Washington and other scandals is that shoes keep dropping. Moreover, numerous continuing global business ties and burgeoning official responsibilities of the President’s children, his son-in-law Jared Kushner, and his family keep failing valid smell tests.

At the same time, the clearly organized Dump Trump effort by numerous persons with detailed knowledge of seemingly the full range of the federal government’s most sensitive activities suggests that “RussiaGate,” at least, could be different. Not in the sense that damaging claims won’t continue to be made, but in the sense that the anti-Trump-ers might have already leaked their worst.

The only certainty at this point appears to be that the various Trump Wars will rage on for months at a minimum – which means that the valid policy grievances of the president’s supporters and so many other Americans will continue to be neglected by their government.

Im-Politic: Comey’s Real Motivation?

Tags

2016 election, Charles Krauthammer, classified material, Eric Holder, FBI, Financial Crisis, Hillary Clinton, Im-Politic, indictment, James Comey, prosecutors, rule of law, Wall Street

Possibly the only certainty surrounding the FBI’s decision not to indict Hillary Clinton for mishandling sensitive government documents is that we’ll be buried in analysis and commentary for the foreseeable future. That’s why it’s so remarkable that the most important point we’ll hear about the controversy may have already been made – by nationally syndicated conservative columnist Charles Krauthammer.

Addressing FBI Director James Comey’s unwillingness to recommend criminal charges against the presumptive Democratic presidential candidate, Krauthammer provided an explanation that’s far more convincing than the claims that Comey’s conclusion was legally justified (unless the “gross negligence” set as a bar for criminality is indeed substantially different than the “extreme carelessness” the FBI did find).

The Krauthammer take is also more convincing than the charges filling the air that the Republican Comey was responding to political pressure from a Democratic administration, or that he absolved Clinton in exchange for an implicit or explicit promise of an official job if she won the White House. Not that this kind of sleaze is unknown in American politics. But these accusations and insinuations apparently clash with everything said over the years by Democrats and Republicans, including hyper-partisans, about Comey’s integrity.

Krauthammer’s alternative hypothesis was more comforting – but only somewhat so. In his view, Comey wound up opposing criminal prosecution for fear of decisively influencing the presidential election – the nation’s most important political contest – with a legal decision. In Krauthammer’s words, Comey:

“knows if he had indicted her, that’s the end of her campaign. That will be the event of the 2016 campaign history. He will be the — it will be the decision that sways everything the most. I think he didn’t want to be that. And I think it’s because she is running. Not so much she is a Clinton, not so much because of her reputation and all that and her power, but I think Comey did not want to be the person that history remembers as changing the course of this presidential election.”

From a purely human and political standpoint, such reluctance to shape political outcomes through even entirely legitimate exercises of legal authority would be entirely understandable. In many ways, the nation still hasn’t recovered from the Supreme Court’s involvement in the 2000 presidential election’s Florida recount. Another legal decision that further poisons the atmosphere and further polarizes the electorate is the last thing America needs.

Nonetheless, if this was indeed Comey’s rationale, then he greatly overstepped his job description. However defensible this judgment on the merits, precisely because law enforcement and politics should be kept as separate as possible, Comey would have had no business deciding a criminal case based on his (or anyone’s) sense of how even the most important election would be affected. The scope for abuse is so vast that this simply can’t be the justice system’s call.

In fact, such reasoning would be disturbingly reminiscent of former Attorney General Eric Holder’s refusal to prosecute Wall Street kingpins for their role in fostering the financial crisis because he was

“concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy.”

Prosecutors are supposed to prosecute – nothing more, nothing less. If they don’t feel free to pursue lawbreakers with a “chips fall where they may” attitude, they inevitably undermine the foundational American belief that no person or institution is above the law. Comey may have had the best of intentions, but even if a sincere and reasonable belief that the public interest required legal restraint motivated him, he would stand guilty of betraying the public trust.

Im-Politic: Clinton, Comey, and the Common Sense Test

Tags

2016 election, classified material, emails, FBI, Federal Bureau of Investigation, Hillary Clinton, Im-Politic, indictment, James Comey, prosecutors, State Department

Yours truly is not a lawyer; never was a lawyer; has no legal education aside from one undergraduate class, harbors no current ambitions to be a lawyer; hasn’t wanted to become one for decades (since the thrill of visiting my late father’s office as a kid wore off); and doesn’t even find lawyer TV shows, movies, or novels all that interesting. Truth in advertising: I did take the law school admission test – because in economically stagnant mid-1970s America, what else was a humanities major supposed to do?

So I’m not qualified to comment from a legal standpoint on the legal aspects of the FBI’s decision not to indict Hillary Clinton. But here are some thoughts from the standpoint of common sense – with a special focus on the Bureau’s judgment that “no reasonable prosecutor” would recommend filing criminal charges against the presumptive Democratic presidential nominee and former Secretary of State.

First, Bureau Director James Comey undercut the “reasonable” part of this contention with his declaration that “we did not find clear evidence that Secretary Clinton or her colleagues intended to violate laws governing the handling of classified information.” You don’t have to be nitpicker to recognize that this phrasing indicates that the FBI found some evidence of these intentions. I understand that the American system of justice grants prosecutors considerable discretion on such matters. But this discretion surely is not limitless. Is it really standard practice to absolve the subject of an investigation because some (unspecified) standard of clarity wasn’t met? Above all, was there no “reasonable” argument for allowing a trial to settle the question?

Second, Comey seemed to set an awfully high bar for indictment. Explaining that “Responsible decisions…consider the context of a person’s actions, and how similar situations have been handled in the past,” Comey presented a list of conditions that presumably would have to be satisfied:

“[C]learly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.”

Was Comey saying that all four conditions needed to be met? If so, he already ruled out the first. But the second looks fishy. Why do “vast quantities of materials” need to be exposed? Why not, say, a single document saying, e.g., “We’re attacking ISIS on June 1, at 4 PM EST”? Does quality, in other words, have no relevance in the FBI’s calculus?

Moreover, the contention that nothing qualifying as obstruction of justice could be found seems to clash with the finding that Clinton’s lawyers “cleaned their devices in such a way as to preclude complete forensic recovery. ” Since when do honest lawyers assisting an official criminal investigation not err on the side of caution? Indeed, Comey’s conclusion about the lawyers’ conduct was anything but conclusive:

“Although we do not have complete visibility because we are not able to fully reconstruct the electronic record of that sorting, we believe our investigation has been sufficient to give us reasonable confidence there was no intentional misconduct in connection with that sorting effort.”

That is, there’s important evidence that’s still missing. And the Bureau qualified its determination with the phrases “we believe” and “reasonable (that legal mainstay again!) confidence.”

Third, Comey’s overall description of Clinton’s conduct looks like a classic instance of hair-splitting. As he sees it, her behavior was not “grossly negligent” – the apparent standard for criminality. Instead, it was “extremely careless.” What on earth is the difference outside the universe of apologists and public relations flacks?

Moreover, Comey’s definition of “gross negligence” evidently doesn’t encompass his findings that (his own words):

>“There is evidence to support a conclusion that any reasonable person in Secretary Clinton’s position, or in the position of those government employees with whom she was corresponding about these matters, should have known that an unclassified system was no place for that conversation”: and

>“we also developed evidence that the security culture of the State Department in general, and with respect to use of unclassified e-mail systems in particular, was generally lacking in the kind of care for classified information found elsewhere in the government. ”

None of these points is meant to suggest that Comey’s judgments were incontrovertibly wrong or even unreasonable. They are meant to suggest that the call not to indict Clinton was incredibly close – so close, in fact, and raising so many further questions, that as suggested above, the proper place to resolve them is not inside a prosecutor’s office. It’s at an open criminal trial.

After he delivered the statement, Comey briskly walked off the stage without dealing with the crowd of slavering journalists assembled in front of him. That’s the recent decision of his I understand best.

Im-Politic: The New York Times Fails the Test of Media Bias on Refugees/Terrorism

Tags

ABC News, Al Qaeda, Cato Institute, FBI, Im-Politic, ISIS, Jeff Sessions, jihadists, media, media bias, Middle East, New America Foundation, Obama, radical Islam, refugees, September 11, terrorism, The New York Times

The New York Times has long proclaimed itself to be the nation’s (and maybe the world’s) newspaper of record, dedicating to publishing “All the news that’s fit to print.” But when it comes to its coverage of the debate over admitting refugees from today’s war-torn Middle East, the paper’s approach seems to be “All the news that fits support for leniency.” For twice within the last week alone, The Times has put out features that completely ignore some of the most important facts that have complicated this controversy.

Last Friday, The Times ran an item emphasizing how long refugees from Syria must wait to enter the country, and how many background checks they face. That’s undoubtedly useful information. But did reporters Haeyoun Park and Larry Buchanan even mention the complete absence of independent corroborating information available to the federal or United Nations officials trying to vet them? No. Did their editors believe that such information was pertinent, and that Times readers deserved to know it? Apparently not.

In fact, there’s no evidence that the reporters consulted with specialists on refugee admissions and border security who harbor major doubts about screening’s sufficiency. Nor is there evidence that the editors requested more diverse sourcing. This conclusion seems justified because the only sources of information listed at the item’s end are agencies of an Obama administration that’s been vigorously, and often belligerently, insisting that the vetting situation is under control, and two non-profit organizations that strongly support this position. So the article unavoidably created the impression that not only are current Syria refugee procedures painstaking, but that they are painstaking enough.

Comparable lapses characterize today’s Times offering on “the origins of Jihadist-inspired attacks in the U.S.” According to this article, “All of the Sept. 11 attackers entered the United States using tourist, business or student visas. Since then, most of the attackers in the United States claiming or appearing to be motivated by extremist Islam were born in this country or were naturalized citizens. None were refugees.”

That’s important to know. But it’s at least as important to know that Alabama Republican Senator Jeff Sessions has released a list of 12 vetted refugees who this year alone have been charged or implicated in federal courts of participation in Jihadist attacks in the United States.

In addition, two years ago, ABC News reported that “The discovery in 2009 of two al Qaeda-Iraq terrorists living as refugees in Bowling Green, Kentucky — who later admitted in court that they’d attacked U.S. soldiers in Iraq — prompted the [FBI] to assign hundreds of specialists to an around-the-clock effort aimed at checking its archive of 100,000 improvised explosive devices collected in the war zones, known as IEDs, for other suspected terrorists’ fingerprints.”

ABC then proceeded to quote by name the FBI agent in charge of the bureau’s Terrorist Explosive Device Analytical Center as stating that “We are currently supporting dozens of current counter-terrorism investigations like that.” Moreover, according to the report (which quotes numerous other FBI agents by name), “Several dozen suspected terrorist bombmakers, including some believed to have targeted American troops, may have mistakenly been allowed to move to the United States as war refugees….”

These disclosures don’t invalidate the article’s claim about the great number and severity of the terrorist threats to Americans that have not come from refugees. But they completely invalidate the clear suggestion that tighter restrictions on refugee admissions, which President Obama has so far adamantly refused to consider, can not meaningfully enhance Americans’ security. Nor did either Times piece mention the live possibility that the refugee threat could grow significantly going forward, as the Middle East experiences ever heavier, bloodier conflict, and as the U.S. and other militaries keep failing to put the kind of pressure on ISIS that kept Al Qaeda on the run for much of the post-September 11 period.

Also revealing – and unacceptable: Similar to the first piece, none of the “security experts” quoted in the piece contradicted the Obama line. The only ones mentioned by name come from the New America Foundation, which has a long record of backing the president’s domestic and foreign policies, and the Cato Institute, which has long favored an Open Borders approach to American immigration policy. How difficult would it have been for Times reporters Sergio Pecanha and K.K. Rebecca Lai to find specialists who disagreed? And again, did their editors even make this request?

The point here isn’t that Mr. Obama and his supporters are indisputably wrong and that their opponents are indisputably right about refugee policy. The point is that the issue is complicated, that important evidence can be cited to support both of the groups of approaches that have recently emerged, and that a responsible newspaper would not have pretended that the case for the status quo is airtight. If the powers-that-be at The Times want to make that case (as is of course their right), they should use the editorial page.

Im-Politic: An Overlooked Clinton Email Scandal

Tags

2016 elections, Bill Clinton, CIA, classification, David Petraeus, emails, FBI, Hillary Clinton, Im-Politic, intelligence, John Deutch, Justice Department, national security, server, State Department

I’m not a national security lawyer and lack any on-the-job military or intelligence experience. But I can’t help thinking that one of the biggest reasons to be outraged about the scandal stemming from Hillary Clinton’s handling of official emails as Secretary of State is being missed.

There’s no doubt that Clinton’s campaign is on the line here. If the emails already found on her private server or thumb drive, or yet to be found or recovered, have contained classified material, she likely faces legal liabilities and would almost certainly need to bow out of the White House race. Two related, emerging Clinton defenses – that these materials actually weren’t sensitive in real-world terms, and that the government classifies too indiscriminately – should be moot points. Making and acting on such judgments isn’t an individual’s call. Ask retired top U.S. General and former CIA chief David Petraeus, and former Director of Central Intelligence John Deutch.

The former was convicted of sharing classified information with his lover, received a suspended sentence and a hefty fine, and avoided jail time thanks only to a plea bargain. The latter was found to have used inadequately protected computers in his home and while on travel to work with classified materials. An appointee of President Bill Clinton, Deutch avoided criminal prosecution due to a Justice Department decision considered so controversial that the former spy chief was still in legal jeopardy until January, 2001 – when he was spared by a president pardon.

Hillary Clinton, of course, set up an entire private computer system for handling official emails – an offense that’s arguably much more serious legally, and more threatening to national security, than those committed by Petraeus and Deutch.

Politically speaking, however, neither Petraeus nor Deutch was running for office – though Petraeus was often mentioned as a potential political star. Hillary Clinton’s quest for the presidency means that her likely computer problems aren’t only legal. Her judgment has already been called into question, and is sure to be slammed further the more she and her defenders insist that sensitive material wasn’t classified when she received it. Even if true, Clinton’s failure to understand that such memos and emails needed special protection mocks her claim to possess the experience needed to lead effectively.

But as badly as all of these charges reflect on Clinton, the under-appreciated scandal, as I see it, is that her cavalier attitude toward official information and procedures is now diverting valuable government manpower and resources that are urgently needed to handle much more dangerous threats to national security.

With the nation confronted with ISIS and other terrorist groups striking targets overseas and inspiring attacks in the United States, nuclear challenges from Iran and North Korea, and belligerence from China and Russia, it’s appalling that anyone in the intelligence community or the FBI or the State Department is spending any time or money on figuring out whether and to what extent Hillary Clinton broke the rules. And the longer these issues remain unresolved, the longer this unconscionable and dangerous waste of U.S. defense and intelligence wherewithal will continue.