Our So-Called Foreign Policy: Biden’s Biggest Putin Summit Failure

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Biden, China, Cold War, Democrats, election 2016, election interference, globalism, Henry Kissinger, impeachment, Nordstream 2, Our So-Called Foreign Policy, Russia, Trump-Russia, Ukraine, Vladimir Putin

Even though he’s just turned 98, I’m still surprised that none of the voluminous coverage and commentary on the just-concluded summit between President Biden and Russian leader Vladimir Putin featured any analysis from Henry Kissinger. Not that I agree with every policy decision or even strategy that the former Secretary of State and White House national security adviser favored – far from it.

But as I’ve written before, he’s one of the few first-rate analysts of U.S. foreign policy that I’ve encountered over my own decades in the field (and would have been even if in fact this bar was not so low). He’s still speaking out on these issues. And most important of all, Mr. Biden seems to have paid little attention either in the run-up to the Putin meeting and at the actual session (though of course, the details will long remain highly classified) to an historic insight that Kissinger helped contributed to American diplomacy whose core is as relevant as ever: the imperative of not needlessly antagonizing Russia and China at the same time. 

At this point, three big caveats need to be mentioned. First, it’s an imperative if U.S. foreign policy is to take a globalist course. That’s not my favored course, and under my kind of America First framework, the approach toward each of this powers would be substantially different. But the President is a died-in-the-wool globalist, so what counts most isn’t how his decisions compare with my preferences, but how well and coherently he’s pursuing his own strategy.

Second, there’s no question that Kissinger – and the rest of the bipartisan globalist U.S. foreign policy establishment – took the engage-with-China strategy way too, and indeed disastrously, too far. But at the time, and given the prevailing Cold War priorities both he and then President Nixon held, opening ties with China largely (but not exclusively) to complicate global matters for a Soviet Union feeling its oats, not only made good sense, but was long overdue.

And third, as suggested by my Cold War reference and my claim that U.S. China policy went way overboard, both national and international circumstances have changed dramatically.

Nonetheless, although China today is the rising behemoth facing the United States and post-Soviet Russia’s power is greatly diminished, the latter is still more than strong enough militarily and technologically to cause major problems for America. These range from aggressive designs on vulnerable new U.S. allies like the Baltic countries and Moscow’s former Warsaw Pact satellites, to damaging and disruptive hacks to America’s infrastructure. (I put election interference in a different box, since only extreme partisans believe that Russian operations made the difference in 2016.)

Since the China threat is far greater – and much more multidimensional – than the Russia threat, Mr. Biden has to date sensibly continued his predecessor’s policies of pushing back both militarily (in areas like the South China Sea) and economically (by keeping the Trump China tariffs and tech sanctions in place).

But he’s also spent his first months in office until this week seemingly determined to do his utmost to villify Russia and Putin verbally, apparently heedless of how his posture threatened to push Moscow and Beijing even closer together.

That’s not to say that a rapprochement between China and Russia didn’t take place during the Trump years. It did. (See, e.g., here.) And undoubtedly one big reason was that the Trump actions were much tougher than the Trump words. That’s true whether we’re talking about energy policy (where the former President’s encouragement of American independence gravely weakened the economies of Russia and other big foreign oil and gas producers), or Europe policy (where despite Trump’s scorn for America’s militarily free-riding allies, he beefed up the U.S. air and ground force and naval presence in and around Eastern Europe, right at Russia’s doorstep).

But unlike Mr. Biden to date, Trump also just as undoubtedly sought to contain disputes and even keep open the door to lowering tensions. And one key reason for this hostile posture can only be the flagrantly false claims from so many Democratic party politicians that Trump was excusing and even enabling Putin’s hostile actions out of gratitude for that election year assistance. President Biden eagerly joined the chorus, which tragically turned any outreach toward Russia toxic politically, and now he’s paying the piper – coming under fire from vengeful Republicans and other conservatives for even so modest and reasonable a decision as meeting Putin in person.

As a result, despite this recent report that “Biden fears what ‘best friends’ [Chinese leader] Xi and Putin could do together” and that “U.S. wariness over the Russia-China relationship has grown to the point where high-level American strategists are weighing how to factor it in as they try to reorient U.S. foreign policy to focus more on a rising China,” there’s not only no evidence that the subject came up in any serious way. It’s difficult at best to imagine that Mr. Biden could actually take any noteworthy steps in this direction without sparking (understandable) charges that he’s a Trump-like Putin lapdog, too. Just think of the reactions even in his own party to his recent decision to waive U.S. sanctions on finishing the Nordstream 2 natural gas pipeline, which as I’ve written, can only enrich Russia at the expense of Ukraine (whose security against Russian expansionism was declared vital to the United States itself by so many Democrats during the first Trump impeachment procedings).

An anti-American genuine Russia-China alliance is still no foregone conclusion. After all, countries bordering each other often have long histories of intense and often violent rivalries (like Russia and China). Dictators and would-be dictators like Putin and Xi Jinping rarely trust each other. As a result, countries headed by such authoritarians that are also next-door neighbors are especially unlikely partners.

But there’s also historically a great deal to the adage that “the enemy of my enemy is my friend.” And for the time being – and at an especially crucial juncture – Mr. Biden will struggle mightily to heed it. 

Im-Politic: Our Dysfunctional Watchdog of Democracy

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Anthony S. Fauci, Barry Meier, Biden, Buzzfeed.com, CCP Virus, coronavirus, COVID 19, democracy, Donald Trump, facemasks, Im-Politic, journalism, lockdowns, Mainstream Media, masks, Russia, Steele dossier, The New York Times, The Washington Post, Thomas Jefferson, Trump-Russia, Wuhan virus, Yellow journalism

A New York Times article posted this past weekend strongly reinforces a suspicion that I’ve held for some time about the title of most worrisome – because largely neglected – existing threat to American democracy. It’s not demagogues who get elected to high (or even the highest) public office. It’s not white supremacists or Antifa. It’s not voter fraud or voter suppression. It’s not Russian leader Vladimir Putin. It’s not even the kind of disinformation and misinformation and even election interference that he and other foreign dictators (like China’s Xi Jinping) have engaged in.

Instead it’s our own Mainstream Media – including the gargantuan social media platforms that have come to play such a huge role in determining what news Americans see, watch, and hear.

Why are these news organizations so dangerous? For two main reasons. First, their democracy-subverting activities are much more subtle and therefore harder to identify than those of the above culprits. Second, their ever-growing partisanship and arrogance is destroying what has long been relied on as the nation’s fail-safe mechanism – a watchdog press.

To be fair, this idea has always been problematic, even though throughout U.S. history, prominent Americans have made statements like “Our liberty depends on the freedom of the press, and that cannot be limited without being lost” (Thomas Jefferson) and “Democracy Dies in Darkness” (the Washington Post).

Yes, despite the bedrock Constitutional system of separation of powers, it’s been essential for some influential force outside government to “guard the guardians.” But embedded in the very consequent need for private ownership (to ensure that the press can independently monitor the government) is the danger that these owners will solely or mainly use their power to further their own particular interests, not society’s.

All of which is to say that we’ve long had a national conundrum to deal with. But it doesn’t seem unreasonable to conclude that, once journalism clearly exited its sensationalistic “Yellow” phase and (probably in the years following Wold War II), started acting like a profession that needed to embody and uphold standards of accuracy and objectivity, the major media met its watchdog responsibilities fairly well – over both government and the private sector.

What the author of the Times piece, former journalist Barry Meier, makes clear, is that there’s not only more reason than ever to fear that the commitment to objectivity is rapidly weakening (and these fears have been amply justified lately, as I’ve reported here). There’s also more reason than ever to fear that the kind of commitment to accountability watchdogs must accept – inevitably entailing an acknowledgement of legitimate outside criticism and the imperative of correcting mistakes – seriously is fading as well.

These worries have been triggered by two specific observations made by Meier about the Mainstream Media’s handling of the charges that former President Trump colluded with Russia to ensure victory in the 2016 election. As Meier recounts, these accusations were supercharged by reports that a former British super-spy had uncovered evidence that Trump’s personal misbehavior had exposed him to Russian blackmail, and resulted in his turning into a latterday Manchurian Candidate who would be forced to do Moscow’s bidding.

The infamous “Steele dossier” that supposedly made this case was published by a website called Buzzfeed.com in January, 2017 – shortly before Trump’s inauguration – and although no serious efforts at confirmation or even finding any supporting evidence were made, “countless articles, television shows, books, tweets and blog posts about it appeared.” (The dossier also formed part of the basis of the FBI’s request to a special U.S. court to spy on the Trump campaign in 2016, and Bureau Director James Comey’s March, 2017 disclosure that this investigation was continuing poured additional fuel on the Trump Russia fire.)

By 2019, Meier goes on, the Steele dossier had been exposed as a bogus hatchet job. But by that time, of course, the collusion firestorm had dominated the Trump presidency, along with equally offbase news coverage of his administration, and surely compromised its ability to govern effectively.

Why this prolonged media focus? In large measure, as Meier explains, because “It was easy for many journalists to believe that Mr. Trump would do anything to win, even — given his stance with…Putin — collude with Russia.” Indeed, as the author observes, they picked up this ball and ran with it even though “Steele said that his information needed to be confirmed….”

This flagrant anti-Trump bias was bad enough. Much worse, though was the media’s response once the dossier had been debunked. In Meier’s words:

“[A] few reporters who had written about the dossier had backed away from it. ‘Some people have wanted to maintain that the dossier is checking out when, as far as I can tell, it hasn’t,’ said Michael Isikoff of Yahoo News. He was in the minority. When Erik Wemple of The Washington Post wrote a series of columns about the media infatuation with the dossier, most journalists he contacted either defended their work or ignored his inquiries.”

Even though Meier, Isikoff, and Wemple all work for Mainstream Media organizations themselves, these revelations are more disturbing because they cast doubt on these news organization’s willingness, either individually or collectively, to admit that a major preoccupation of theirs that shaped American politics for years was an utter crock. And in a similar vein, they’re grounds for great skepticism that these same media will produce accurate post-mortems on the actual actions by governments or by individual politicians that conformed with this Get Trump obsession.     

The reason for this reluctance is obvious: Their credibility – their most precious asset, even in this hyperpartisan era – would be devastated. But if these powerful companies won’t self-correct or correct the records of others – and in some systematic, comprehensive way that can make a difference, not in dribs and drabs – especially on a matter of this importance, then their watchdog reputation gets thrown out the window.

And as far as I’m concerned, good riddance. But if the big national media can’t be relied on to play this role responsibly, who or what can? And can a democracy worthy of the name long survive without actors that can credibly set the record straight before the archives are fully open to historians years and even decades from now?

Moreover, we’re getting an example of how such flawed Mainstream Media performance could be a literally fatal flaw – and on mass level.  Specifically,  evidence has appeared throughout the CCP Virus pandemic that sweeping lockdown- and mask-wearing-centric mitigation strategy pursued in most of the country at the behest of the public health establishment was completely and tragically mistaken. (See, e.g., here.)  America’s major national news organizations have obviously bought in to the stay-at-home and mask-up claims, as shown, for example, by their near canonization of leading lockdowns proponent Dr. Anthony S. Fauci, the federal government’s head immunologist and now President Biden’s top medical adviser. 

I’d like to believe that if conclusive evidence emerges invalidating this virus-fighting approach, and supporting measures with potentially greater effectiveness during future pandemics, the news would be trumpeted all over the Mainstream Media even if the federal government tried to hush it up.  But as of now, expressing the hope that the real story might become known looks like nothing so much as practicing quackery.  

Making News: Podcast Now On-Line of Last Night’s NYC Radio Appearance

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court packing, FBI, filibuster, Frank Morano, Kamala Harris, Making News, Mike Pence, rock music, Supreme Court, The Other Side of Midnight, Trump-Russia, Vice Presidential debate, WABC AM, Yankees

I’m pleased to announce that the podcast is now on-line of my appearance last night on Frank Morano’s “The Other Side of Midnight” program on New York City’s WABC-AM radio station. For a – really – wide-ranging discussion encompassing tonight’s Vice Presidential debate, the Supreme Court, rock music, the economy, the latest revelations about FBI misdeeds, and of course the Yankees, click here and then on the “Staten Island” link. My segment beings at about the 20:30 mark.

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

Making News: Back on National Radio Tonight, a New Podcast…& More!

Tags

Angela Merkel, Cato Journal, CCP Virus, China, collusion, coronavirus, COVID 19, election 2020, Germany, Gordon G. Chang, Joe Biden, journalism, Making News, manufacturing, Market Wrap with Moe Ansari, natural gas, Nord Stream 2, presidential debate, recession, recovery, reshoring, Russia, stimulus package, Ted Galen Carpenter, The John Batchelor Show, Trade, trade war, Trump, Trump-Russia, Wuhan virus

I’m pleased to announce that I’m scheduled to return to national radio tonight when I guest on The John Batchelor Show.  The subjects for John, co-host Gordon G. Chang, and me will be China, trade, manufacturing, and the election.

The pandemic is still forcing John and Gordon to pre-record segments, so I’m not yet sure about air-time.  But it seems that you can listen live to the show on-line at this all-purpose link starting at 9 PM EST.  And of course, if you can’t tune in, I’ll post a link to the podcast as soon as one’s available.

In addition, yesterday, I was interviewed on the popular Market Wrap with Moe Ansari radio show on the election (including the debate!), trade policy, the future of the entire U.S. economy, the fate of CCP Virus relief legislation, and a surprising recent example of collusion with Russia.  To listen to the podcast, click here and then on the show with my name on it.  My segment starts at about the 23:38 mark.

Finally, my friend Ted Galen Carpenter has just published in the Cato Journal a fascinating piece on the history of U.S. news coverage of U.S.-China relations – which certainly has seen its ups and downs in recent decades.  It was great, moreover, to see Ted cite two of my writings along the way.  Here’s the link.

And keep checking in with RealityChek for news of upcoming media appearances and other developments.

Im-Politic: Why China’s U.S. Election Interference is a Very Big Deal

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battleground states, Center for Strategic and International Studies, China, Chinese Americans, collusion, Democrats, election 2020, elections, entertainment, Freedom House, Hollywood, Hoover Institution, Im-Politic, Mike Pence, multinational companies, Nancy Pelosi, National Basketball Association, NBA, Robert Draper, Robert O'Brien, social media, The New York Times Magazine, think tanks, Trump, Trump-Russia, Wall Street

It’s baaaaaaack! The Russia collusion thing, I mean. Only this time, with an important difference.

On top of charges that Moscow is monkeying around with November’s U.S. elections to ensure a Trump victory, and that the President and his aides are doing nothing to fend of this threat to the integrity of the nation’s politics, Democrats and their supporters are now dismissing claims administration about Chinese meddling as alarmism at best and diversionary at worst.

In the words of House Speaker Nancy Pelosi, commenting on recent testimony from U.S. intelligence officials spotlighting both countries’ efforts, to “give some equivalence” of China and Russia on interference efforts “doesn’t really tell the story. 

She continued, “The Chinese, they said, prefer [presumptive Democratic nominee Joe] Biden — we don’t know that, but that’s what they’re saying, but they’re not really getting involved in the presidential election.” ,

The Mainstream Media, as is so often the case, echoed this Democratic talking point. According to The New York Times‘ Robert Draper (author most recently of a long piece in the paper’s magazine section on Mr. Trump’s supposed refusal to approve anti-Russia interference measures or take seriously such findings by the intelligence community ), China “is really not able to affect the integrity of our electoral system the way Russia can….”

And I use the term “Democratic talking point” for two main reasons. First, the Chinese unquestionably have recently gotten into the explicit election meddling game – though with some distinctive Chinese characteristics. Second, and much more important, China for decades has been massively influencing American politics more broadly in ways Russia can’t even dream about – mainly because so many major national American institutions have become so beholden to the Chinese government for so long thanks to the decades-long pre-Trump policy of promoting closer bilateral ties.

As for the narrower, more direct kind of election corrupting, you don’t need to take the word of President Trump’s national security adviser, Robert O’Brien that “China, like Russia and Iran, have engaged in cyberattacks and fishing and that sort of thing with respect to our election infrastructure and with respect to websites.”

Nor do you have to take the word of Vice President Mike Pence, who in 2018 cited a national intelligence assessment that found that China “ is targeting U.S. state and local governments and officials to exploit any divisions between federal and local levels on policy. It’s using wedge issues, like trade tariffs, to advance Beijing’s political influence.”

You can ignore Pence’s contention that that same year, a document circulated by Beijing stated that China must [quoting directly] “strike accurately and carefully, splitting apart different domestic groups” in the United States.

You can even write off China’s decision at the height of that fall’s Congressional election campaigns to take out a “four-page supplement in the Sunday Des Moines [Iowa] Register” that clearly was “intended to undermine farm-country support for President Donald Trump’s escalating trade war….”

Much harder to ignore, though: the claim made last year by a major Hoover Institution study that

“In American federal and state politics, China seeks to identify and cultivate rising politicians. Like many other countries, Chinese entities employ prominent lobbying and public relations firms and cooperate with influential civil society groups. These activities complement China’s long-standing support of visits to China by members of Congress and their staffs. In some rare instances Beijing has used private citizens and companies to exploit loopholes in US regulations that prohibit direct foreign contributions to elections.”

Don’t forget, moreover, findings that Chinese trolls are increasingly active on major social media platforms. According to a report from the research institute Freedom House:

“[C]hinese state-affiliated trolls are…apparently operating on [Twitter] in large numbers. In the hours and days after Houston Rockets general manager Daryl Morey tweeted in support of Hong Kong protesters in October 2019, the Wall Street Journal reported, nearly 170,000 tweets were directed at Morey by users who seemed to be based in China as part of a coordinated intimidation campaign. Meanwhile, there have been multiple suspected efforts by pro-Beijing trolls to manipulate the ranking of content on popular sources of information outside China, including Google’s search engine Reddit,and YouTube.”

The Hoover report also came up with especially disturbing findings about Beijing’s efforts to influence the views (and therefore the votes) of Chinese Americans, including exploiting the potential hostage status of their relatives in China. According to the Hoover researchers:

“Among the Chinese American community, China has long sought to influence—even silence—voices critical of the PRC or supportive of Taiwan by dispatching personnel to the United States to pressure these individuals and while also pressuring their relatives in China. Beijing also views Chinese Americans as members of a worldwide Chinese diaspora that presumes them to retain not only an interest in the welfare of China but also a loosely defined cultural, and even political, allegiance to the so-called Motherland.

In addition:

“In the American media, China has all but eliminated the plethora of independent Chinese-language media outlets that once served Chinese American communities. It has co-opted existing Chineselanguage outlets and established its own new outlets.”

Operations aimed at Chinese Americans are anything but trivial politically. As of 2018, they represented nearly 2.6 million eligible U.S. voters, and they belonged to an Asian-American super-category thats been the fastest growing racial and ethnic population of eligible voters in the country.

Most live in heavily Democratic states, like California, New York, and Massachusetts, but significant concentrations are also found in the battleground states where the many of the 2016 presidential election margins were razor thin, of which look up for grabs this year, like Florida, Georgia, North Carolina, Texas, Michigan, and Pennsylvania.

As for the second, broader and indirect, Chinese meddling in American politics, recall these developments, many of which have been documented on RealityChek:

>U.S.-owned multinational companies, which have long profited at the expense of the domestic economy by offshoring production and jobs to China, have just as long carried Beijing’s water in American politics through their massive contributions to U.S. political campaigns. The same goes for Wall Street, which hasn’t sent many U.S. operations overseas, but which has long hungered for permission to do more business in the Chinese market.

>These same big businesses continually and surreptitiously inject their views into American political debates by heavily financing leading think tanks – which garb their special interest agendas in the raiment of objective scholarship. By the way, at least one of these think tanks, the Center for Strategic and International Studies, has taken Chinese government money, too.

>Hollywood and the rest of the U.S. entertainment industry has become so determined to brown nose China in search of profits that it’s made nearly routine rewriting and censoring material deemed offensive to China. And in case you haven’t noticed, show biz figures haven’t exactly been reluctant to weigh in on U.S. political issues lately. And yes, that includes the stars of the National Basketball Association, who have taken a leading role in what’s become known as the Black Lives Matter movement, but who have remained conspicuously silent about the lives of inhabitants of the vast China market that’s one of their biggest and most promising cash cows.

However indirect this Chinese involvement in American politics is, its effects clearly dwarf total Russian efforts – and by orders of magnitude. Nor is there any reason to believe that Moscow is closing the gap. In fact, China’s advantage here is so great that it makes a case for a useful rule-of-thumb:  Whenever you find out about someone complaining about Russia’s election interference but brushing off China’s, you can be sure that they’re not really angry about interference as such. They’re just angry about interference they don’t like.`      

Im-Politic: Why Trump’s Ukraine China Ask Was So (Needlessly) Stupid

Tags

China, collusion, conflict of interest, Democrats, election 2020, Hunter Biden, Im-Politic, impeachment, Ivanka Trump, Joe Biden, Obama, Pelosi, Swamp, Trump, Trump-Russia, Ukraine

It’s lucky for President Trump that being stupid per se isn’t (yet?) grounds for impeachment, because if it was, his recent call for Beijing’s aid to investigate the Biden family’s possibly corrupt activities in China would surely qualify. In fact, it’s hard to think of a presidential action in recent memory that fails on so many substantive and political grounds. And no, I don’t agree with Florida Republican Senator Marco Rubio that the President was simply trying to troll the press.

Even so, it’s still possible that this episode could have a silver lining for Trump-World.

First, let me repeat my previous position that there’s absolutely nothing wrong with Mr. Trump probing Hunter Biden’s business dealings in China, Ukraine, or anywhere else, and whether they’ve improperly or illegally influenced U.S. policy toward those countries while his father was Barack Obama’s Vice President. In fact, since the current challenges and opportunities facing Americans nowadays from both countries have been strongly affected by policy decisions made during the Obama years, every American caring about the nation’s interests should want to know more about the Bidens’ goings on.

Nor should Joe Biden’s presidential bid this year shield him from scrutiny. In fact, as the President has pointed out in remarks on the Bidens and China, the former Vice President’s White House bid makes full disclosure absolutely essential. After all, as Mr. Trump has asked, “How would you like to have, as an example, Joe Biden negotiating the China deal if he took it over from me after the election? He would give them everything. He would give them everything. How would you like to have that?”

Can Americans be certain that a President Biden would sell his country down the river in China trade talks or on other fronts? Of course not. Can they be certain that Biden let China off the hook on various important interests, or urged doing so, since Hunter (successfully) began soliciting Chinese business in 2010? No on that score, too. But the uncertainties created and the undoubted, ongoing possibility of various payoffs are precisely why conflict of interest laws are on the books to begin with.

Moreover, conflicts of interest are especially important to investigate when it comes to countries like China and Ukraine. For there, governments and/or the oligarchs to which they’re closely connected call all the major economic and business shots.

Of course, claims abound that Mr. Trump is vulnerable to comparable (or even worse) charges. But regarding the Russia allegations, they’ve been big news since his 2016 Republican primary campaign began gathering real steam. In addition, after his inauguration, they were thoroughly examined by a Special Counsel probe that lasted nearly two years. And so far he’s still innocent until proven guilty in a legal sense. In addition, and revealingly, the current impeachment probe isn’t attempting to revive any of these charges.

Policy-wise, the Trump Russia record has been mixed, including support for measures (like strengthening the U.S. military presence in Eastern Europe right up against Russia’s borders, and strongly backing the American fossil fuels production revolution), that plainly aren’t pleasing Moscow.

It’s true that Trump daughter Ivanka operated a business that made shoes and apparel in China and imported these wares into the United States. I’d joined the ranks of those who believed those ties should have been severed at least once Mr. Trump became the Republican nominee. But Ivanka Trump has now shut down her China business. And can anyone seriously believe that in return for whatever copyrights she received from Beijing while her father was in office, that the President has taken it easy with China? After tariffs on literally hundreds of billions of dollars worth of Chinese products that have deeply wounded China’s economy? And a Taiwan policy that has poked Beijing in the eye on an issue of deep importance to China’s leaders and many of its people?

By contrast, it’s entirely legitimate – and important – to point out that the Obama-Biden record on both China trade and security issues was an eight-year exercise in coddling Beijing.

And both leaders’ records get to much of the reason why the President’s ask to Beijing was so boneheaded. Whether the Bidens are playing dirty or not, how can it help but legitimately expose Mr. Trump to the same kinds of conflict-of-interest charges he’s leveling against Biden? Indeed, House Speaker Nancy Pelosi is now making them. Moreover, it’s not as if China has anything like an impartial, rule-of-law-dominated criminal justice system. And let’s not forget the so-called political optics of his gambit at precisely the time when Beijing is violently repressing democratic protests in Hong Kong. “Appalling” isn’t too strong an adjective.

Just as bad, the President’s ask undercuts one of his most effective campaign themes – that for decades, his predecessors and their cronies had conspired with foreign governments like China’s to shaft everyday Americans on trade issues in particular. Just think back to his Inaugural Address. So now the same Chinese regime that’s conspired with Swamp-ers from both parties is supposed to help a President damage someone he’s labeled (with good reason) as a prime member of that corrupt complex?

The only justification I can think of for the China ask – at least politically – is the following (and don’t think I’ve got a lot of faith in this speculation): Now that Beijing has brushed off the President, he could turn around and contend that the Chinese are helping the Bidens cover up. Substantively – and whether this objective is being sought intentionally or not – the China ask could result in Mr. Trump taking a harder line on the trade talks.

More credibly, and encouraging in my eyes given my doubt that any verifiable China trade deal is possible: Even had Beijing complied, the President could come under enough Pelosi-like pressure to make impossible the kind of cosmetic deal that in principle could have solved some big potential China-related political problems heading into the election (i.e., with farmers angered at losing a big export market, or consumers outraged at tariff-induced higher prices).

The problem is that constructing these kinds of tortuous scenarios should be completely unnecessary, because, as I’ve stated,

>the Bidens’ conduct has been so questionable;

>the China-related case against them looks so compelling:

>Mr. Trump surely can get enough damning foreign government information about their doings from less substantively and politically controversial sources like Australia and, yes, Ukraine (to which the Democrats seem strongly devoted); and

>consumer and farmer complaints aside, the Democrats will have a devil of a time this coming election year making political hay by accusing the President of being too tough on China.

So the China ask looks an awful lot like another damaging and completely unforced Trump error. Nonetheless, the next time such a blunder seals his political fate will be the first. And even though my above scenario is pretty far-fetched, who can still confidently say that the President’s string of good luck has finally run out?

Im-Politic: Why the Impeachment Case Isn’t Even Remotely Serious Yet

Tags

collusion, Deep State, Democrats, foreign aid, House of Representatives, Hunter Biden, Im-Politic, impeachment, Joe Biden, military aid, Mueller investigation, Nancy Pelosi, Trump, Trump-Russia, Ukraine, Viktor Shokin, Volodymyr Zelensky

OK, it’s not a verifiably un-doctored recording (apparently, they’re never available) – even though nearly all the Democratic members of the House of Representatives and many of the party’s presidential candidates view it as more than enough to warrant President Trump’s impeachment. (Removal from office? We’ve heard much less on that related but separate matter.)

All the same, the record of President Trump’s July 25 phone call with his Ukrainian counterpart, Volodymyr Zelensky, sure doesn’t look like a Nixonian smoking gun to me – and yes, in the interests of full disclosure, I strongly support many of Mr. Trump’s policies.

The allegations that led the President to release this document – which was apparently prepared via the same procedures normally used for all such confidential conversations – haven’t always been made with exactly surgical precision. So in this vein, the most useful version may come from an opinion article written for the Washington Post by seven freshman Democratic House Members.

Because of the prior national security experience all of them boast, and their reputations for moderation, the concerns they expressed yesterday reportedly imbued the push for impeachment with enough momentum to spur House Speaker Nancy Pelosi to authorize the launch of an “official impeachment inquiry” – an unusual procedure that seems to have no bearing on the various ways that this body has initiated impeachment proceedings in the past, and that certainly doesn’t guarantee the holding of the kind of full House vote needed to impeach and move to a Senate trial to determine removal.

Here’s what those seven first-term Democrats wrote:

“The president of the United States may have used his position to pressure a foreign country into investigating a political opponent, and he sought to use U.S. taxpayer dollars as leverage to do it. He allegedly sought to use the very security assistance dollars appropriated by Congress to create stability in the world, to help root out corruption and to protect our national security interests, for his own personal gain.”

But the way I read it, nothing in this version of the conversation does much to support either charge. Some of the key passages seem to be the following:

“President Zelenskyy: … I would also like to thank you for your great support in the area of defense. We are ready to continue to cooperate for the next steps specifically we are almost. ready to buy more Javelins [portable anti-tank missiles] from the United· States for defense purposes.

“The President [Trump]: I would like you to do us a favor though because our country has been through a lot and Ukraine knows a lot about it. I would like you to find out what happened with this whole situation with Ukraine, they say Crowdstrike… I guess you have one of your wealthy people… The server, they say Ukraine has it. There-are a lot. of things that went on, the whole situation . I think you’re surrounding yourself with some of the same people. I .would like to have the Attorney General call you or your people and I would like you to get to the bottom of it. As you saw yesterday, that whole nonsense ended with a very poor performance by a man named Robert Mueller, an incompetent performance, but they say a lot of it started with Ukraine. Whatever you can do, ·it’s very important that you do it if that’s possible.”

Despite the non-coercive language, President Trump clearly established a quid pro quo involving U.S. military aid and Ukrainian cooperation on an investigation having to do with American politics. For me, the key is his use of the word “though” in his first sentence. (Not that Mr. Trump will win any articulateness awards.)

But where is the evidence that the quid pro quo involves a simple “political opponent,” as the seven House Democrats insist? (Obviously, it’s former Vice President and current Democratic presidential hopeful Joe Biden.) Everything in this passage, from his mention of “Crowdstrike” to the “nonsense” that “ended with a very poor performance” by Robert Mueller has to do with:

>the accusations (which that former Special Counsel’s investigation’s findings determined were untrue) that Mr. Trump’s 2016 presidential campaign colluded with the Russian government to ensure his election at the expense of Democratic rival Hillary Clinton; and

>the counter-accusation that those Russia collusion charges were manufactured by Mr. Trump’s opponents in the FBI, the intelligence community, elsewhere in the so-called Deep State, and the Obama administration. (This possibility is currently being investigated by the Trump Justice Department.)

That counter-accusation is especially important here. If anything like it is true, it’s imperative for the health of American democracy that it be discovered. And in turn, if a foreign government like Ukraine’s can shed light on the facts, why wouldn’t anyone except the guilty and their allies want Washington to use foreign policy leverage to achieve that result – which would unmistakably serve important U.S. national interests.

Of course, Biden’s name did appear in the five-page document – about a page after the above passages – in this statement from Mr. Trump:

“The other thing, There’s a lot talk about Biden’s son, that Biden stopped the prosecution and a lot of people want to find out about that so whatever you can do with the Attorney General would be great. Biden went around bragging that he stopped the prosecution so if you can look into it… It sounds horrible to me.”

These sentences have to do with a Ukrainian probe of the ties between Biden’s son Hunter and a Ukrainian energy company – and Biden’s public boast in 2018 that, as Vice President, in 2016, he secured the firing of a Ukrainian prosecutor who had vowed to investigate the company in question by threatening to withhold a billion-dollar American loan package if that official, Viktor Shokin, stayed in office.

His supporters contend that the quid pro quo Biden offered differed fundamentally from the Biden quid pro quo that Mr. Trump seems to have presented in his July phone call because Biden was carrying out firmly established U.S. government policy in order to serve the country’s national interests while President Trump’s interests were purely selfish and political.

All of which could be true. Except the 2016 date of the Biden episode should warn against imputing purely or even mainly non-political motives to his actions. In this vein, revelations during a presidential election year that Biden’s son was involved in shady or even criminal foreign doings certainly wouldn’t help the fortunes of the incumbent administration’s political party – so the former Vice President’s motivations might have been exclusively political.

Some considerations on this score do work in Biden’s favor, though – mainly evidence that Western European governments and the International Monetary Fund, all of which were complaining that Ukrainian corruption was undercutting their own aid programs, also sought Shokin’s firing. But illicit activity in Ukraine has been so pervasive that these non-American actors might have their own embarrassments to hide.

Just as important: If the Vice President of a previous administration, or any of his colleagues, was manipulating American foreign policy to cover up the activities of the Veep’s son, isn’t something that urgently requires examination from a national interest standpoint? Wouldn’t this be the case whether that former Vice President was currently running for office or not? In fact, wouldn’t that especially be the case if that former Vice President was running for office?

To be sure, the seven freshman Democrats also appear to be accusing President Trump of pressuring Ukraine to help dig up dirt on the Bidens (again, for solely political reasons) by freezing the disbursement of a previously approved military assistance package shortly before his phone call with Zelensky. 

Mr. Trump has admitted doing so, and as has been pointed out, he’s offered different explanations for this decision (which was overturned earlier this month). I agree that sounds fishy. But the reasons themselves (that other U.S. allies were shirking their obligations to help Ukraine, and that continuing Ukrainian corruption could prevent many of the funds from being spent effectively) are anything but ludicrous.

Also interesting:  More than three weeks before the aid freeze was first revealed by the Washington Post – and connected with the Zelensky phone call – ABC News reported that the administration was sitting on the Ukraine military assistance but not as part of any campaign to undermine Biden. Instead, the delay stemmed from a broad debate between Trump administration supporters of foreign aid generally and colleagues who were highly critical. The main reported complaints from Democrats had nothing to do with Biden, either. They centered on the President’s supposedly excessive coziness with Russian leader Vladimir Putin.

And most interesting of all:  Mr. Trump never brought up the frozen aid in his phone conversation with Zelensky. If the seven freshman Democrats are right and the President had blocked spending the funds “for his own personal gain,” why didn’t he even signal this blackmail attempt to its target?        

Ongoing and broadening investigations of all these controversies by Congressional committees and by the Justice Department could well provide definitive answers to all the above questions, and even produce more and/or worse bombshells. Indeed, maybe the phone call document itself has been doctored. But when it comes to impeachment, or even besmirching the Trump record, that’s exactly what should be the main point now. There haven’t been such answers or bombshells yet. And until some start appearing, talking up impeachment will continue looking  like a thoroughly reckless course of action – and one with plenty of boomerang potential.

Im-Politic: Why The New York Times Shouldn’t be Writing the History of Slavery – or Anything Else

Tags

1619 Project, Dean Baquet, history, Im-Politic, Mainstream Media, media bias, race, race relations, racism, Russia, slavery, The New York Times, Trump, Trump-Russia

It’s bad enough that The New York Times all but admitted last week that its news operations lately have been driven by over-arching missions and “visions” centering on specific issues. In the words of Executive Editor Dean Baquet at an internal “town hall” meeting of Times staff, the paper is now shifting from investigating “Did Donald Trump have untoward relationships with the Russians, and was there obstruction of justice?” to focusing on “what it means to be an American in 2019” and more specifically writing “about race and class in a deeper way than we have in years” because “America [has] become so divided by Donald Trump.”

Possibly worse is how The Times has also decided that this mission includes throwing much of its still considerable resources behind what Baquet called “the most ambitious examination of the legacy of slavery ever undertaken in [inaudible] newspaper….”

For although it’s disturbing that a news organization would in effect bet the house on probing an issue – and thereby create overwhelming incentives for its staff to assume continually that any and all appearances of smoke, even from clearly conflicted sources, add to the case of underlying fire – this Times decision at least dovetails generally with commonly used definitions of journalism that have long served the country and its democratic system well.

Not that the press should get into the habit of proactively designating issues as existential priorities well before the outcomes and implications are reasonably clear. But Baquet deserves some slack here given the charges that the President was a Manchurian candidate beholden to Russian dictator Vladimir Putin – unmistakably an earth-shattering story at least potentially. Therefore, it’s hard to blame him for in effect establishing a major priority and allocating his resources accordingly, and it’s nitpicking to insist that he still might have gone somewhat too far.

Two possible and related qualifications to these conclusions, though, should be kept in mind. First, it’s painfully obvious from the meeting transcript linked above (and not disavowed by any participants) that any number of Times staffers are virulently anti-Trump – which logically raises suspicions about whether any of the paper’s reporters or editors cooperated with the equally virulent Trump opponents in the Obama Justice Department and intelligence agencies to keep the story artificially alive through publishing obviously selected leaks selectively, and even through knowingly trafficking in sheer rumor and innuendo.

Second, as I’ve written, given the abundance of Never Trump-ers in the federal bureaucracy and in the D.C. Swamp generally speaking, and given how commonplace leaks of even the most sensitive material had become, long before the release of Special Counsel Mueller’s report, it was becoming increasingly apparent that if no smoking guns had yet been found, chances are they didn’t exist. But there’s no reason to believe that the paucity of genuinely damning evidence ever gave Baquet any second thoughts about his initial decision – which indicates troubling stubbornness at best and even more troubling bias at worst.

But I can’t prove either of the these two points. Moreover, just as I can’t legitimately fault Baquet for per se focusing, at least for a serious period of time, tightly on the Trump-Russia story, I can’t fault him per se for deciding subsequently to devote much of the paper’s attention to race relations. For times change, and news coverage priorities need to change with them – although Baquet’s link of the decision to a Trump record that he plainly views as uniquely and dangerously divisive strongly indicates that he’s prejudging the results awfully early in the game.

The examining slavery thing, however – that’s fundamentally different. It’s the kind of endeavor, after all, that can’t be squared with any longstanding tradition of American journalism. Instead, the “1619 Project” at its heart is nothing less than an effort to change the way Americans view their history, and how it’s been impacted down to the present by slave-holding. (1619 was the year in which the first enslaved African blacks arrived in North America – specifically, near British-held Jamestown, Virginia.  Just FYI, African slaves didn’t arrive in French-held North America until a decade later.) If you’re skeptical about this 1619 project claim, check out how it’s described by The Times:

“The 1619 Project is a major initiative from The New York Times observing the 400^th anniversary of the beginning of American slavery. It aims to reframe the country’s history, understanding 1619 as our true founding, and placing the consequences of slavery and the contributions of black Americans at the very center of the story we tell ourselves about who we are.”

For good measure, the paper tells us that “it is finally time to tell our story truthfully.”

Any thinking person understands the need for continual reassessments of history – and all fields of knowledge – if only because new information is constantly coming to light. In addition, you don’t need to fall prey to “present-ism” (judging or merely viewing past events and works through the prism of contemporary standards) to recognize that standards do change; that they can change for legitimate and considered, as well as for faddish and/or partisan, reasons; and that whenever such circumstances warrant, reassessments are needed. Indeed, these exercises are especially important when engaged in the always hazardous but ultimately needed effort to identify the past’s lessons.

And what thinking, informed person doubts that the nation’s professional historians fully understand this imperative, and that in fact their discipline isn’t in a constant state of reassessment?

But even if these scholars were failing their country and academe’s best traditions and practices, why would any thinking person consider The Times institutionally qualified to fill the gap competently? What evidence has the paper presented that it can carry out satisfactorily a project that even it describes as “unprecedentedly ambitious” and that’s surely more accurately described as “unprecedented” period? And as a result, from where does The Times draw its confidence in declaring that it’s able to “finally…tell our story truthfully.”

My answers to all these questions: “Beats me.”

And if you believe that the paper is up to this task, you really need to read the full transcript of the town hall meeting. For it makes distressingly clear that many of the paper’s staffers have no use for notions like sticking to the facts and enabling readers to make up their own minds – at least not since the civilization-menacing emergence of the Trump presidency. (Or was it the Trump candidacy?) As for views of race and its proper role in Times journalism, take a look at these remarks from one staffer:

“I’m wondering to what extent you [Baquet] think that the fact of racism and white supremacy being sort of the foundation of this country should play into our reporting. Just because it feels to me like it should be a starting point, you know? Like these conversations about what is racist, what isn’t racist. I just feel like racism is in everything. It should be considered in our science reporting, in our culture reporting, in our national reporting. And so, to me, it’s less about the individual instances of racism, and sort of how we’re thinking about racism and white supremacy as the foundation of all of the systems in the country. And I think particularly as we are launching a 1619 Project, I feel like that’s going to open us up to even more criticism from people who are like, ‘OK, well you’re saying this, and you’re producing this big project about this. But are you guys actually considering this in your daily reporting?’”

His boss’ response (in part)?

“I do think that race and understanding of race should be a part of how we cover the American story. Sometimes news organizations sort of forget that in the moment. But of course it should be. I mean, one reason we all signed off on the 1619 Project and made it so ambitious and expansive was to teach our readers to think a little bit more like that.”

Translation: “You’re right. And the 1619 Project is aimed at persuading Americans to think ‘a little bit more’ like you.” P.S. The transcript records zero pushback against this wildly distorted, reductionist view. That is, like too much of the rest of the Mainstream Media, The New York Times has drifted dangerously far from the notion that journalism amounts to “writing the first draft of history.” It’s going to start writing that history itself. And it’s firmly convinced that it has a monopoly on wisdom.

And that’s fine in principle – if the paper wants to turn itself into something like an opinion publication, a think tank or a lobby group. For a newspaper, however, it represents a bright and dangerous line crossed, and is certain to further erode the public’s confidence in journalists – thereby adding to a list of dangers facing American democracy that’s already far too long.

Im-Politic: ABC’s Stephanopoulos Peddles Fake News on Mueller and Obstruction

Tags

ABC News, Attorney General, Corey Lewandowski, Deputy Attorney General, Don McGahn, election 2016, George Stephanopoulos, Im-Politic, Jeff Sessions, Justice Department, Mueller Report, obstruction of justice, Robert S. Mueller III, Rod Rosenstein, This Week, Trump, Trump-Russia, White House Counsel, William P. Barr

The trade wars and resulting uproar have of course intensified lately due to President Trump’s threats to tariff Mexican imports to improve Mexico’s performance in helping ease the border crisis, and a New York Times report that his administration was mulling imposing levies on Australia in response to a surge in its aluminum exports to the United States.

But those developments – plus a terrific story in the Japanese press on metals tariffs that I’ll be posting about shortly as well – need to take a back seat today on RealityChek to a flagrant piece of fake news concerning the Mueller report’s conclusions propagated by a major broadcast media anchor that urgently needs to be debunked.

The culprit here is George Stephanopoulos, a top aide to Bill Clinton both during his first presidential campaign and his first term in the White House. The fake news involves his claim, made on yesterday’s This Week program, that in his report on Russian election interference and the responses of President Trump and his aides, the former Special Counsel Robert S. Mueller “laid out four incidents in the obstruction of justice section of the report that met all three criteria for obstruction of justice — an obstructive act, connection to an investigation, corrupt intent.”

His clear intimation was that Attorney General William P. Barr overlooked this major evidence and that his own decision (made in conjunction with his then Deputy, Rod Rosenstein, who decided to authorize a Special Counsel investigation of the above matters in the first place) to decline indicting the President was a transparently political effort to let Mr. Trump off the hook.

In fact, however, not only did the Mueller fail to identify four such incidents. The single set of incidents that could possibly qualify as an obstruction charge slam dunk – the President’s alleged efforts to remove Mueller himself as Special Counsel – was awfully weak beer.  Stephanopoulos might have two other groups of incidents in mind as well, but the case for so describing them is even feebler.

Before we proceed, however, keep in mind that in order to produce an obstruction conviction, a prosecutor needs to convince a jury, as with all criminal trials, that the defendant is guilty “beyond a reasonable doubt.” In addition, in order to decide to indict or to recommend an indictment, a government prosecutor must decide that “the admissible evidence will probably be sufficient to obtain and sustain a conviction….”

As I noted in my May 30 post, the Mueller report found “substantial evidence” that Mr. Trump committed obstructive acts in efforts to have Mueller fired (Vol. II, pp. 87 and 88). Ditto for the “connection to an investigation” and “corrupt intent” criteria for obstruction charges. (Vol. II, pp. 88-90).

But as I also noted, “even the substantial evidence [on the allegedly obstructive act count] simply ‘supports a conclusion.’ And there may be less to that conclusion than meets the eye. For couldn’t the presidential order to [then White House Counsel Don] McGahn to call Rosenstein have reflected “…concerns about Special Counsel team conflicts of interest?”

Regarding the critical matter of intent, Mueller wrote (Vol. II, p. 89) that “Substantial evidence indicates that the President’s attempts to remove the Special Counsel were linked to the Special Counsel’s oversight of investigations that involved the President’s conduct – and, most immediately, to reports that the President was being investigated for potential obstruction of justice.”

That verb “indicates,” though, is pretty wishy-washy, especially considering the (properly) tough standards long established by U.S. criminal law and Justice Department policy for bringing an obstruction charge. Why didn’t Mueller write that this substantial evidence “shows” or “demonstrates” that these Mueller-removing actions were linked to his ongoing investigation, which threatened the Trump presidency?

The first of the two other possible slam-dunk groups of incidents entails the President’s efforts to curtail the Mueller investigation (as opposed simply to firing the Special Counsel). This episode centers around Mr. Trump’s decision to send former campaign aide and frequent (unofficial) confidant Corey Lewandowski on a mission to tell then Attorney General Jeff Sessions to end the existing investigation into election 2016 and specific Trump-related matters, and concentrate his efforts on whatever foreign meddling might be threatening upcoming elections.

The second such group of events consist of other attempts made by Mr. Trump to direct Sessions to take over the Special Counsel investigation.

The report’s wording convince me, anyway, that Mueller believed that the Lewandowski-related incidents met the obstructive act and link to an ongoing investigation standards. Plenty of evidence is presented regarding intent as well.

But at this juncture, it’s necessary to point to other intent-related considerations that we know were influencing Mueller’s evaluation of these events. Specifically, as Mr. Trump has continually observed, the Special Counsel (Vol, I, p. 9) found no underlying crime (that candidate Trump or any member of his campaign either acted “as an unregistered agent of the Russian government or other Russian principal” or “conspired with representatives of the Russian government to interfere in the 2016 election”). Nor, even though this activity would not constitute a crime, did the investigation “establish that members of the Trump Campaign” even “coordinated with the Russian government in its election interference activities.” (Vol, 1, p. 2).

Although, as Barr noted in his March 24 letter to Congress announcing his decision not to indict Mr. Trump, the absence of an underlying crime does not preclude charging a defendant with obstruction, this absence “bears upon the President’s intent with respect to obstruction.” In other words, as I wrote on May 30, and as Barr made clear in a May 17 interview, Mr. Trump’s actions reflected his belief – which was both sincere and factually grounded – that he was being framed.

And guess what? Mueller agrees! On Vol. I, p. 7, his report states:

“[U]nlike cases in which a subject engages in obstruction of justice to cover up a crime, the evidence we obtained did not establish that the President was involved in an underlying crime related to Russian election interference. Although the obstruction statutes do not require proof of such a crime, the absence of that evidence affects the analysis of the President’s intent and requires consideration of other possible motives for his conduct.”

As for the Trump efforts to ensure that his then Attorney General take over the Mueller investigation, the report doesn’t even come to any identifiable conclusion about whether any obstructive acts were committed. (Vol. II, p. 112)

The only other group of incidents that might legitimately qualify for the “slam dunk” category centered on Trump’s order to McGahn to deny that he had asked him to firer Mueller.

At the same time, Mueller’s conclusion as to whether any obstructive act was committed here is anything but clear, either. As the report notes (Vol II, p. 118):

“The President’s repeated efforts to get McGahn to create a record denying that the President had directed him to remove the Special Counsel would qualify as an obstructive act if it had the natural tendency to constrain McGahn from testifying truthfully or to undermine his credibility as a potential witness if he testified consistently with his memory, rather than with what the record said.”

There is some evidence that at the time the New York Times and Washington Post stories [reporting that such developments took place] were published in late January 2018, the President believed the stories were wrong and that he had never told McGahn to have Rosenstein remove the Special Counsel.”

In other words, the report is acknowledging these could have represented another group of Trump actions motivated by the sincere belief that he was being framed.

At the same time, the report states that “Other evidence cuts against that understanding of the President’s conduct.”

In sum, it’s obvious that contending that Mueller concluded that Mr. Trump was robustly indictable for even one of these sets of incidents rests on the shakiest of ground. Contending that the report found four such sets is nothing less than fiction. And the insinuation of a Barr cover-up is completely beyond the pale. Indeed, taken together, and given the various legal hurdles he needed to overcome to make a legitimate indictment recommendation, it’s obvious why – aside from the Justice Department policy barring the indictment of a sitting President – Mueller didn’t report to Barr that solid grounds existed even for a single obstruction charge.

In fact, as I also noted on May 30, the following was the most obstruction-friendly conclusion contained in the Mueller report – and it covers the above events related to the attempted Mueller firing:

“[T]here [is] a sufficient factual and legal basis to further investigate potential obstruction-of -justice issues involving the President.” (Vol. I, p. 12)

I.e., after a 2-year probe conducted by as many as 19 lawyers with the assistance of “approximately 40 FBI agents, intelligence analysts, forensic accountants, a paralegal, and professional staff ” that “issued more than 2,800 subpoenas under the auspices of a grand jury sitting in the District of Columbia; executed nearly 500 search-and-seizure warrants; obtained more than 230 orders for communications records under 18 U.S.C. § 2703(d); obtained almost 50 orders authorizing use of pen registers; made 13 requests to foreign governments pursuant to Mutual Legal Assistance Treaties; and interviewed approximately 500 witnesses, including almost 80 before a grand jury,” Mueller simply determined that reasons existed for continuing to investigate. (Vol. I, p. 13) And P.S.: He didn’t call them “substantial.”

If Stephanopoulos simply made a mistake by claiming that Mueller found four full-blown instances of Trump obstruction of justice, that’s fine – as long as he admits the error. Until he does, however, he’ll be as guilty of trafficking in fake news as he seems to believe Mr. Trump is guilty of obstruction.

Im-Politic: Mueller’s Sin of Omission on Obstruction

Tags

Attorney General, collusion, Don McGahn, election 2016, FBI, Im-Politic, impeachment, indictment, James Comey, Jeff Sessions, Justice Department, Michael Flynn, Mueller Report, obstruction of justice, Robert S. Mueller III, Rod Rosenstein, Russia, Special Counsel, Trump, Trump-Russia, William P. Barr

There’s no longer any legitimate doubt: Nearly six weeks after its release, almost no one with any influence on American public policy or public opinion has actually read the publicly available version of the Mueller report on Russian election interference and possible presidential obstruction of justice. And most of those who have read it either didn’t understand it, or are trafficking in misleading descriptions. P.S. Based on his brief farewell remarks yesterday, that list includes Special Counsel Robert S. Mueller III himself.

Those are the only logical conclusions that can be drawn from the continuing insistence that, to quote Mueller, President Trump would have been charged in the report with the crime of obstructing justice but for “long-standing Department policy, [that] a President cannot be charged with a federal crime while he is in office. That is unconstitutional….The Special Counsel’s Office is part of the Department of Justice and, by regulation, it was bound by that Department policy. Charging the President with a crime was therefore not an option we could consider.”

Was Department policy a major determinant of Mueller’s non-indictment decision? Of course. And Mueller made that clear both in his reports and in his brief public statement. But was it the only determinant? And, by implication, given Mueller’s declaration that his report’s findings did not “exonerate” the President on this score, did Attorney General William P. Barr behave improperly by issuing his own determination that, even leaving aside Justice’s presidential indictment policy, Mueller’s investigation did not produce evidence “sufficient to establish” presidential obstruction?

The answer to both questions is clearly “No.” And it’s not even necessary to rely on Barr’s denial, in his March 24 letter announcing the decision reached by he and then Deputy Attorney General Rod Rosenstein, that the determination “was made without regard to, and was not based on, the constitutional considerations that surround the indictment and criminal prosecution of a sitting president.”

It’s not even necessary to believe Barr’s May 1 testimony to the Senate Judiciary Committee that, at a March 5 meeting with Mueller, “in response to our questioning, [Mueller stated] that he emphatically was not saying that but for the [Justice Department policy] he would have found obstruction. He said that in the future the facts of the case against the president might be such that a special counsel would recommend abandoning the OLC opinion, but this is not such a case.”

These Barr statements can be ignored because Mueller’s April 18 report itself not only gathered abundant evidence bearing on the obstruction charge. It declared that it was inconclusive. To quote from the report (Volume II, p. 8. All subsequent page references are to this Volume unless otherwise noted.) “The evidence we obtained about the President’s actions and intent presents difficult issues that would need to be resolved if we were making a traditional prosecutorial judgment.” And the report’s detailed discussions of ten Trump-era potential obstruction of justice episodes makes clear that the difficulties arose precisely because his team found significant evidence on both sides of the issue.

As a result, the most obstruction-friendly conclusion that Mueller and his aides reached was that “there was a sufficient factual and legal basis to further investigate potential obstruction-of -justice issues involving the President.” (p. 12). In other words, an indictment decision was anything but a slam dunk. And after a protracted probe involving the questioning of literally hundreds of witnesses, all that the Special Counsel could state with high confidence was that a case can be made.

Moreover, the report spent so much time weighing the kind of evidence that would be used in a normal obstruction case that an entire section was devoted to summarizing “the law interpreting the elements of potentially relevant obstruction statutes in an ordinary case. This discussion does not address the unique constitutional issues that arise in an inquiry into official acts by the President.” (p. 9)

The obstacles to indicting Mr. Trump for obstructing justice came through loud and clear in the Mueller report’s analysis of what’s often portrayed as the leading candidate for such a charge – the President’s alleged order to his then White House Counsel Don McGahn to fire Mueller. According to the Mueller Report (on p. 87):

“A threshold question is whether the President in fact directed McGahn to have the Special Counsel removed. After news organizations reported that in June 2017 the President had ordered McGahn to have the Special Counsel removed, the President publicly disputed these accounts, and privately told McGahn that he had simply wanted McGahn to bring conflicts of interest to the Department of Justice’s attention….Some of the President’s specific language that McGahn recalled from the calls is consistent with that explanation. Substantial evidence, however, supports the conclusion that the President went further and in fact directed McGahn to call Rosenstein to have the Special Counsel removed.”

It’s perfectly valid to note that the “substantial evidence” cited here surely outweighed in Mueller’s mind the evidence about presidential language recalled by McGahn – evidence that wasn’t even given an adjective. Yet readers are told that even the substantial evidence simply “supports a conclusion.” And there may be less to that conclusion than meets the eye. For couldn’t the presidential order to McGahn to call Rosenstein have reflected the same concerns about Special Counsel team conflicts of interest?

On the question of intent, which matters greatly in obstruction cases, Mueller wrote (p. 89) that “Substantial evidence indicates that the President’s attempts to remove the Special Counsel were linked to the Special Counsel’s oversight of investigations that involved the President’s conduct- and, most immediately, to reports that the President was being investigated for potential obstruction of justice.

I’m not a lawyer, but could someone please explain to me why that “substantial evidence” is so all-fired incriminating? And as for this claim (p. 90) – “There also is evidence that the President knew that he should not have made those calls to McGahn” – that doesn’t exactly strike me as “Lock him up” material.

Muddying the waters even further are the aspects of possible obstruction-related episodes for which the Mueller Report presents no judgment on the evidence in terms of adjectives or other descriptions.

For example, regarding the President’s conduct with respect to the investigation of his (quickly fired) national security adviser Michael Flynn during the transition period, the report simply states (pp. 46-47):

“As part of our investigation, we examined whether the President had a personal stake in the outcome of an investigation into Flynn-for example, whether the President was aware of Flynn’s communications with [Russian Ambassador to the United States Sergey] Kislyak close in time to when they occurred, such that the President knew that Flynn had lied to senior White House officials and that those lies had been passed on to the public. Some evidence suggests that the President knew about the existence and content of Flynn’s calls when they occurred, but the evidence is inconclusive and could not be relied upon to establish the President’s knowledge….

“Our investigation accordingly did not produce evidence that established that the President knew about Flynn’s discussions of sanctions before the Department of Justice notified the White House of those discussions in late January 2017. The evidence also does not establish that Flynn otherwise possessed information damaging to the President that would give the President a personal incentive to end the FBI’s inquiry into Flynn’s conduct.

“Evidence does establish that the President connected the Flynn investigation to the FBI’s broader Russia investigation and that he believed, as he told Christie, that terminating Flynn would end “the whole Russia thing.”

No bottom line is presented.

Similarly (p. 154), the report’s discussion of the “nexus” issues raised by presidential conduct toward his former lawyer and all-around fixer Michael Cohen (focusing on the obstruction-relevant possibility that an individual being investigated knew that certain actions could bear on certain official proceedings ranging from judicial or grand jury actions to Congressional probes) simply observed:

“The President’s relevant conduct towards Cohen occurred when the President knew the Special Counsel’s Office, Congress, and the U.S. Attorney’s Office for the Southern District of New York were investigating Cohen’s conduct. The President acknowledged through his public statements and tweets that Cohen potentially could cooperate with the government investigations.”

One powerful overall conclusion, though, can easily be reached after reading the entire Mueller Report, and it bears on the crucial obstruction-related consideration of whether an individual acted with corrupt intent. As Barr observed in a May 17 interview with Fox News, Mr. Trump’s actions sprang from the genuine – legally non-corrupt – conviction that Mueller’s investigation of his record, along with the Obama administration’s surveillance of his campaign and the presidential transition, was a “witch hunt and a hoax.”

Continued Barr:

“[A]t the time, he was saying he was innocent and that he was being falsely accused. And if you’re falsely accused, you would think [it] was a witch hunt. … He has been hammered for allegedly conspiring with the Russians. And we now know that was simply false…. I think if I had been falsely accused, I’d be comfortable saying it was a witch hunt.”

At least as important, the Mueller Report itself supports this interpretation in many instances. For example:

“[U]nlike cases in which a subject engages in obstruction of justice to cover up a crime, the evidence we obtained did not establish that the President was involved in an underlying crime related to Russian election interference. Although the obstruction statutes do not require proof of such a crime, the absence of that evidence affects the analysis of the President’s intent and requires consideration of other possible motives for his conduct.” (p. 7)

“Multiple witnesses recalled that the President viewed the Russia investigations as a challenge to the legitimacy of his election.” (p. 47)

“[Then Attorney General Jeff] Sessions said he had the impression that the President feared that the investigation could spin out of control and disrupt his ability to govern, which Sessions could have helped avert if he were still overseeing it. (p. 51)

“On Saturday, March 25, 2017…the President called [Director of Intelligence Daniel] Coats and again complained about the Russia investigations, saying words to the effect of, “I can’t do anything with Russia, there’s things I’d like to do with Russia, with trade, with ISIS, they’re all over me with this.” (p. 56)

“In addition to the specific comments made to Coats, [the CIA Director Mike] Pompeo, and [then National Security Agency Director Admiral Michael] Rogers, the President spoke on other occasions in the presence of intelligence community officials about the Russia investigation and stated that it interfered with his ability to conduct foreign relations.” (p. 57)

“The evidence shows that the President was focused on the Russia investigation’s implications for his presidency- and, specifically, on dispelling any suggestion that he was under investigation or had links to Russia.” (p. 61)

“Evidence indicates that the President was angered by both the existence of the Russia investigation and the public reporting that he was under investigation, which he knew was not true based on [then FBI Director James] Comey’s representations. The President complained to advisors that if people thought Russia helped him with the election, it would detract from what he had accomplished.” (p. 61)

President Trump “told Comey that ‘he was trying to run the country and the cloud of this Russia business was making that difficult.'” (p. 61)

“The President…told McGahn that the perception that the President was under investigation was hurting his ability to carry out his presidential duties and deal with foreign leaders.” (p. 62)

“According to [then White House adviser Stephen K.] Bannon, the President said the same thing each time: ‘He [Comey] told me three times I’m not under investigation. He’s a showboater. He’s a grandstander. I don’t know any Russians. There was no collusion.'”

“We also considered why it was important to the President that Corney announce publicly that he was not under investigation. Some evidence indicates that the President believed that the erroneous perception he was under investigation harmed his ability to manage domestic and foreign affairs, particularly in dealings with Russia.” (p. 76)

“The President wanted Sessions to disregard his recusal from the investigation, which had followed from a formal DOJ ethics review, and have Sessions declare that he knew ‘for a fact’ that “there were no Russians involved with the campaign” because he ‘was there.’ The President further directed that Sessions should explain that the President should not be subject to an investigation ‘because he hasn’t done anything wrong.'” (p. 97)

“[T]he President knew that the Russia investigation was focused in part on his campaign, and he perceived allegations of Russian interference to cast doubt on the legitimacy of his election.” (p. 97)

“[T]he evidence does not establish that the President was involved in an underlying crime related to Russian election interference. But the evidence does point to a range of other possible personal motives animating the President’s conduct. These include concerns that continued investigation would call into question the legitimacy of his election….” (p. 157)

As I wrote in an April 21 post, I believe that, because he had no reason to believe that a nearly complete version of his report (whose only required audience was the Attorney General) would be made public, Mueller acted perfectly appropriately in including a judgment that his investigation did not exonerate Mr. Trump on the obstruction question. For he was trying to impart information to Barr.

But Mueller has done the country a grave disservice by stressing the Constitutional barriers to indicting the President on this score. His report plainly demonstrates that he and his staff spent enormous amounts of time probing the traditional legal bases for an obstruction charge, and found considerable evidence to support decisions both to indict and not indict had Justice Department policy permitted such a step to be considered. And his farewell remarks yesterday were an inexcusable missed opportunity to clarify these matters.

As for Barr’s decision to file no obstruction charges, he and Rosenstein just as plainly saw the amount of evidence supporting such a conclusion, and quite reasonably judged that the obstruction allegations could not be proved “beyond a reasonable doubt” had Justice’s reading of the Constitution permitted a case to be brought. Moreover, as Barr’s May 17 press interview demonstrates, he believed that the President’s relevant words and deeds stemmed from his conviction that he was being framed – a conviction borne out by Mueller’s findings not only that the evidence was “not sufficient to support criminal charges” on any grounds against any Trump campaign officials who had contacts with the Russian government, but that no members of the campaign had “coordinated with the Russian government in its election interference activities.” (Vol I, pp. 9,2)

Now that Mueller’s investigation is finally, officially, totally over, Congress, of course, has every Constitutional right to launch impeachment proceedings. For impeachment charges can properly include deeds that are not strictly speaking crimes. But it’s crucial to note that, from a legal standpoint, Mr. Trump is now in the clear. And although technical objections like Mueller’s can be raised to the President’s “no collusion, no obstruction claims,” his own report shows that they’re more than accurate enough.