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.

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Im-Politic: The Trump-ers and the Russians

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2016 election, Barack Obama, Hillary Clinton, Im-Politic, Jeff Sessions, Logan Act, Michael T. Flynn, Russia, Sergey Kislyak, Trump, U.S. intelligence, Vladimir Putin

The more I read about the firestorm that has erupted over possible contacts between officials of and advisers to President Trump’s campaign for the White House, his transition team, and members of his new administration on the one hand, and the Russian government and/or its agents on the other, the less sense any of it makes to me.

That goes double – at least – for the charge that is only rarely made explicit but that is central to this entire uproar: that Trump’s outsider nature and supposedly authoritarian, anti-democratic instincts opened the door to an alliance with Russian leader Vladimir Putin that aided his November victory. More specifically, insinuations have been made that figures either officially or unofficially associated with Mr. Trump “colluded” with the Russians in their efforts to undermine Democratic candidate Hillary Clinton’s presidential bid.

Of course, the fire keeps getting fueled by the failure of the supposed Trump-ist conspirators to provide forthright answers to questions about their recent contacts with Putin’s aides and surrogates. By their own belated admissions now, the president’s briefly serving White House national security adviser Michael T. Flynn and his Attorney General, former Senator Jeff Sessions, held either meetings or communications with Russia’s ambassador to the United States during the transition and campaign, respectively, that they did not originally acknowledge.

Nothing could have been easier, the entirely reasonable argument goes, than for them to have been up front right away. Flynn, for example, is alleged to have broken with an important American tradition that only one person serves as president at a time when he spoke with Ambassador Sergey Kislyak about America’s anti-Russia sanctions. It’s true that former President Obama’s second term ran through midday, January 20, and that he and his officials alone possessed the authority to conduct the nation’s foreign relations. In addition, Flynn might have violated a law preventing private citizens from interfering with official American diplomacy – though it’s unclear whether the Logan Act applies to transition team officials like Flynn at the time.

But wouldn’t the former general have been much better off – let alone Mr. Trump – had he simply stated that he broached the subject of sanctions (as opposed to simply introducing himself and starting to get acquainted) because Russia is an important country and he wanted to help the administration hit the ground running?

And Sessions has now stated that his original answers at his Senate confirmation regarding such meetings assumed that the questions were focused on meetings dealing with his position in the Trump campaign and that concerned campaign matters. But why engage in such Clintonian parsing if everything was on the up and up?

After all, his first such contact with Kislyak took place at the Republican National Convention in Cleveland, Ohio, at a meeting co-sponsored by the Obama State Department. The second – also with Kislyak – took place in his Senate office, in September. As a senior member of the Senate Armed Services Committee, what could be more natural than a lawmaker meeting with a representative of a major power? The answer? “Nothing.” Such events have become routine – and should be, if Congress is to play the important role in foreign policymaking assigned it by the Constitution. How difficult would it have been for Sessions to make these points in the first place?

One obvious retort is that the president’s enemies are so loaded for bear that even such reasonable explanations wouldn’t have satisfied them – and were likeliest to egg them on further. But it should be equally obvious that the real political prize here is the American middle, which historically has a knack for distinguishing the truth-tellers from the fear-mongers.

Even more bizarre, however (and that’s a high bar!), is the more fundamental notion that the Russians thought a concerted effort to fix the U.S. election was a stroke of genius. That may indeed have been the case – I sure don’t have any inside info on the Kremlin. But let me count the biggest reasons why Putin should have laughed out of his office anyone who made this proposal.

First, with his KGB background, Putin of all people should know that it’s almost impossible to keep any significant secrets in the American political world, let alone one this big. One major reason, of course – this plan would have had to have been kept from any number of foreign intelligence services as well, if only because so many other national governments have big stakes in American presidential elections, too.

Second, precisely because of these excellent chances of discovery, the upside of any successful election rigging would have been severely limited. Had Clinton won, after all, at least for the medium term, Moscow would have guaranteed that Barack Obama’s successor would have taken much harder-line anti-Russian positions across the board in American foreign policy. But even had the alleged plot succeeded, every word or action taken by Mr. Trump suggesting a more conciliatory policy would – as has been clear already – have come under the harshest suspicion. Indeed, the new administration has faced continuing heavy pressure to demonstrate what might be called some anti-Russia street cred – on top of already having named some prominent Russia hawks to key posts.

Third, the cost-benefit calculus of a political interference campaign looks even worse upon recalling the conventional wisdom that Mr. Trump was heading toward an historic defeat at the polls. Why take major chances on behalf of such a likely and big loser? In this vein, it’s fascinating to note that the January American intelligence community report on the Russian influence campaign suggested that the Kremlin (as with so many others) anticipated a Clinton win as late as election night.

Fourth, if Russian intelligence was even minimally competent, it would have known that a Trump presidency would have been more favorable to Moscow even without actively cooperation with his presidential campaign. For Mr. Trump had long criticized U.S. foreign policymaking for picking needless overseas fights that too often turned into bloody and hideously expensive quagmires (like the second Iraq war). And for even longer he had insisted that America’s military actions abroad be restricted to crises where the nation’s security was directly threatened.

But as indicated above, the American intelligence community has stated that Putin – although concerned about a “backfire” effect from direct Putin praise of candidate Trump – did in fact order precisely this kind of anti-Clinton, pro-Trump “influence campaign”. Given all the claims from every quarter of American politics that the Russian leader is a diabolically dangerous mastermind, this decision simply adds to my list of “Russia-gate” developments that I find completely mystifying.

Not that my own befuddlement means that there’s no fire behind any of this smoke, or that Russian interference in U.S. elections should be accepted simply because it might have been ineptly conceived or carried out. (What if Moscow or others one day get the hang of this?) Until and unless much more serious disclosures emerge, however, it could well mean that Trump-haters and the Mainstream Media need to hold their hysteria about the Trump-Russia connection. And the president and his team stop needlessly shooting themselves in their feet.