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Classified for You, Not Me
Without double-standards would we have any standards for classified information left at all?
President Biden said Tuesday he was “surprised” to learn in November his lawyers found classified documents in his former office at a Washington think tank. Biden’s lawyers discovered a cache of classified documents as they packed up his former office at the Penn Biden Center for Diplomacy and Global Engagement. The tone of the MSM seems to be boys will be boys, and since Biden is being so cooperative with classification authorities after being caught red-handed and after being allowed to hide the story until post-midterms, maybe this has nothing in common with Trump’s cache of classified documents at Mar-a-Lago. Or Hillary’s cache on her private e-mail server. Could there be a double-standard?
Biden had some/several/a bunch of classified documents while Trump had thousands so that’s different. Yes, on Sesame Street four is bigger than three, but with classified documents it is not a meaningful difference. The law is clear each document is a violation, and there are no discounts for having under a certain number. One classified document is enough to seek indictment. But let’s not forget about Hillary, who was allowed not only to carry over 33,000 subpoenaed documents in the form of emails out of secure spaces on her server, but to delete them. Imagine if Biden reported he and his team simply deleted whatever they had found, never mind if Trump had had a bonfire.
Biden’s documents were safe inside a locked closet. Classification law is extremely clear how documents must be stored, specifying for example, how many minutes a safe is expected to withstand against an attempt to cut it open. In the case of the Secure Compartmentalized Information (SCI) level docs Biden, Trump, and Hillary held, details are written into law and regulation as to what type of room, with what type of door, they are to be stored in. “Closet” does not find the definition whether it is at Biden’s place, Mar-a-Lago or Hillary’s home housing her email server.
Nobody saw the documents. Maybe it wasn’t to standard, but they were kept under lock and key. No blood, no foul. Sez who? The reason all those laws and regs regarding classified exist are to safeguard the documents absolutely, so instead of arguing whether the cleaning crew would have had access to them or not, one can say “U.S. Marines guard these documents in the equivalent of a bank vault deep inside the White House 24/7, that’s who sez so. With Hillary, the question of illicit access begs for a starting point, because the end point, an unclassified, insecure out-of-the-box email server connected to the internet itself meant any hacker with moderate skills, including those assigned to attack her official trips to China and Russia, presumably had full access.
Biden’s documents were just old briefing notes, nothing so important. If the documents were labeled Top Secret or SCI when created then that was their classification, no matter what we think of the contents today. The law is clear arguing the level of classification after getting caught is not a viable strategy, and retroactive classification is not an option. “The documents were not important even though they were classified” is simply not a defense after getting caught. It sounds a lot like the infamous “nuclear weapons” docs Trump had were briefing documents as well. News reports state the nuclear documents dealt with the capabilities of one specific country, and thus were likely part of Biden’s broader briefing package ahead of meeting that nation’s leader, or ahead of weighing in on what U.S. opinion might be on an issue concerning nuclear weapons proliferation.
Biden cooperated with the Justice Department and National Archives and Trump Didn’t. It is almost always taken into account at sentencing whether the perp cooperated with law enforcement, and sometimes a reduced sentence is in order. But there is nothing in the law (any law) which says if you cooperate after getting caught whatever you did was not a crime. And again look at Hillary — her response to accusations was to electronically shred (Bleachbit) all the documents in her possession and then destroy the hardware they had been stored on. And no brownie points to a MSM who seem to be trying to present Biden’s cooperation as sign of responsibility — after the fact, of course.
Maybe some of the documents were not clearly marked classified. This one is included for historical purposes because Hillary made such a claim; Biden and Trump have not. Documents are given a classification based on their content and the sources of that content. The marking itself (e.g., Secret) just sums up what there is to say about the content itself. If you remove the Secret moniker by retyping things (as appears the case with Hillary) or just tearing off that part of the document, it does not change the classification.
A matter of trust. Apparently the Justice Department is just going to take Biden’s word that all is well, and all the classified has been found. Something along the same lines with Hillary. Trump of course saw his own home raided by the FBI, armed with automatic weapons, in a frantic search for more evidence, and the alleged documents splayed on the floor and photographed like TV drama crime scene evidence. In the Biden and Hillary cases, it appears the lust for evidence is not quite as strong. We’ll note the Biden documents were found the day before the midterm elections, when the story would have been political dynamite, and held until two months later when they were presented as a nothing burger. Why did the Biden Justice Department hold the news so long? Why did they wait until Republicans announced a possible Church-style investigation to show how cleanish everyone’s hands are, cooperating and all?
Fun Fact. Presidents are allowed to declassify any document while in office, and Trump has issued a disputed claim that before leaving office he declassified all the documents the FBI found when it searched Mar-a-Lago in August. The same privilege of broad declassification does not apply universally to Vice Presidents (Biden’s classified documents are from his time as VP) or Secretaries of State.
The next move lies with Attorney General Merrick Garland, who will decide what if anything is to be done about Joe Biden improperly storing highly classified documents at a think tank while holding no public office. Garland’s predecessor filed no charges against Hillary. Garland himself appointed a Special Prosecutor for the Trump case. Arguments the Biden and Trump cases are different ignore that those differences seem to have no meaning in the law itself and are superficial, appearing to be a big deal to those uninformed as to how classification works, a false unequivalency. Transparency? Timeliness? Garland seems oblivious to the concerns of the newly-elected Republican Congress that a full-on witch hunt is in play to defeat Candidate Trump prior to any election, using the criminal justice system to defeat Trump when the electoral system will not.
Given the real, lawfully meaningful similarity among the three cases, where will the standards of justice fall this time? As a nation of laws, need we test so often who is above the law? The point is that if the FBI is going to take a similar fact sets and ignore one while aggressively pursuing another, it is partial and political. Any further action against Trump must address why Hillary was not searched and prosecuted herself, and if so, why not Biden as well. Fair is fair, after all.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Exposure: Why Mishandling Classified Material Matters
Hillary versus Trump versus Biden. All three kept classified information at their homes. Who wins the battle to have likely done the most damage to national security?
In the end when dealing with the damage done by mishandling classified information it comes down to exposure; who saw it, what was it, when was it seen, and for how long?
The “who” part is clear enough; a document left inadvertently on a desk top in an embassy guarded by Marines might not be seen by anyone. A document left on a park bench and seized by the local police risks direct exposure to the host country intelligence services if not sale to the highest bidder depending on the locale. But never underestimate cleaning staff; spies love ’em. In what other capacity are likely locals allowed to rummage through an embassy at night, picking through the trash, and moving things around on desks to um, dust?
The “what” and how much of it is the real stuff of James Bond. At times “what” is in the eye of the beholder. The Secretary of State’s daily list of telephone calls to make is always highly classified. It might matter very little to a Russian spy that the Secretary is calling the leader of Cyprus on Wednesday but matter an awful lot to the leader of nearby Greece. That is why intelligence services often horsetrade, buying and selling info they pick up along the way about other countries for info they need about theirs.
The “when” aspect is also important as many documents are correctly classified at one point in their history but lose value over time. One classic example is a convoy notification; it matters a lot who knows tomorrow at midnight the convoy will set forth. It matters a whole lot less a month later after everybody in town saw the convoy arrive. “How Long” can matter as well, as the longer a document is exposed the more chances someone unauthorized has to see it.
So those are the ground rules, on to Hillary versus Trump versus Biden!
“Who” between Trump and Biden seems a toss-up, given that as far as we know both kept classified in locked closets (we’ll turn to Hillary and her server below.) An investigator would want to know who had keys to that lock, and if possible, who used them when. What controls if any were in place to prevent duplicates from being made? What kind of lock was used? Was it pickable? Would cleaning staff or painters called in have had time alone to work the lock? Were there any video or access logs that might show the staff spent an inordinate amount of time near the closets? We know nothing about this regarding Trump’s and Biden’s closets. One might also want to get into who packed the boxes containing classified info, on whose orders, and how much exposure did they get en route to those naughty closets. Did the information sit in an unguarded truck stop overnight in 2010? Who would have known? “Who” is more than a name, it is a line of dominoes.
We have a starting on “what” material may have been compromised, and it is not good. Hillary, Trump, and Biden mis-stored information at at least the SCI level (Sensitive Compartmentalized Information, above Top Secret.) SCI means not only is the document classified, even seeing it is restricted to a specific list of people such that merely holding a full Top Secret clearance is not enough. We can say the documents included some real secrets as of their drafting.
Next of concern is the raw number of documents potentially exposed. In Trump’s case we have a decent tally, thanks to the Department of Justice. The initial batch of documents retrieved by the National Archives from Trump in January included more than 150 classified. With the raid, the government recovered over 300 classified documents from Trump. This worked out to over 700 pages of classified material and “special access program materials,” especially clandestine stuff that might include info on the source itself, the gold star of intelligence gathering. If you learn who the spy is inside your own organization you can shoot him, arrest him, find other spies in his ring, or turn him into a double agent to feed bogus information back to your adversary.
Our contest is a bit unfair to Trump, as inventories of what was found at Mar-a-Lago are online for all to see while the Biden media has been very cagey on how many document have been found, using phrases like “several” and “a few dozen.” We’ll have to wait until Biden’s home is raided or the Special Counsel concludes his investigation to know for sure.
In Hillary’s case just coming to a raw number is very hard, as she destroyed her server before it could be placed into evidence. Because her stash was email the secret files were also not all in their original paper cover folders boldly marked Top Secret with bright yellow borders, as in Trump’s case. Hillary also stripped the classification markings off many documents in the process of transferring them from the State Department’s classified network to her own homebrew server setup.
Nonetheless, according to the FBI, from the group of 30,000 e-mails returned to the State Department, 110 contained classified information at the time they were sent or received. Eight of those chains contained information Top Secret at the time they were sent, with some labeled as “special access program materials.” Some 36 chains contained Secret information at the time; and eight contained Confidential information. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the messages were sent, suggesting they were drafts in progress, in the process of being edited before a classification was ultimately assigned.
The “what” is a toss-up for now. Little information exists on specifically what each document trove held, though the WaPo claims one of Trump’s docs detailed a foreign country’s nuclear capability (ironically, the leak from DOJ revealing the document’s contents suggests things were more secure at Mar-a-Lago than after the search) giving him a slight lead in this category. Clinton discussed Top Secret CIA drone info and approved drone strikes via Blackberry.
We do have a winner in the “when” category, albeit via an odd path. Biden’s classified materials date back to his Vice Presidency, and we don’t know when they were moved out of secure storage, so the material goes possibly back to 2009. That’s potentially 14 years of the paper hanging around waiting for someone to discover and make nefarious use of it. In Trump’s case, he left the White House in January 2021 and the classified was pulled out of Mar-a-Lago no later than August 2022, only some 20 months of hiding for no more than four years of material.
Investigations are ongoing in both cases but there is no evidence to date that anyone unauthorized saw the classified documents. We know that after classified was id’ed inside Mar-a-Lago by the National Archives, DOJ asked Trump to provide a better lock, which he did, and later to turn over surveillance tapes of the storage room, which he did. But the clearest evidence of non-exposure is the lack of urgency on the part of all concerned to bust up Trump’s place. Claims he retained classified documents from the White House began circulating even as he moved out in January 2021. The first public evidence of classified in Mar-a-Lago waited until January 2022 when the initial docs were seized, and the recent search warrant tailed that by eight months. If the FBI thought classified material was in imminent danger from one of America’s adversaries they might have acted with a bit more alacrity.
The real money-maker in the classified world is exposure, and here we finally have a clear leader. Hillary wins in that her exposure of classified emails was done consistently over a period of years in real-time. Her server was connected to the internet, meaning for a moderately clever adversary there was literally a wire between her computer with its classified information and the Kremlin. Her server held at least 110 known messages containing classified information, including e-mail chains classified at the Top Secret/Special Access Program level, the highest level of civilian classification, that included the names of CIA and NSA employees. The FBI found classified intelligence improperly stored and transmitted on Clinton’s server may have been “compromised by unauthorized individuals, to include foreign governments or intelligence services, via cyber intrusion or other means.” How could anyone have gained access to the credentials? Clinton’s security certificate was issued by GoDaddy.
We have a winner. Whether anyone unauthorized got a look at Trump’s or Biden’s stash remains unclear, but we know for near-certain Hillary’s was compromised. And by compromised we mean every email the Secretary of State sent wide open and read, an intelligence officer’s dream. Hillary had no physical security on her server, her server was enabled for logging in via web browser, smartphone, Blackberry, and tablet, and she communicated with it on 19 trips abroad including to Russia and China. It would have taken the Russians zero seconds to see she was using an unclassified server, and half a tick or two to hack (hostile actors gained access to the private commercial email accounts of people with whom Secretary Clinton was in regular contact) into it. Extremely valuable to the adversary were the drafts, documents in progress, a literal chance to look over Clinton’s shoulder as she made policy concerning their country.
No search warrant was exercised to seize the server and Hillary’s word was taken when she said there was no chance of compromise. So enjoy the bread and circuses around two old men with irresponsible staffs and or irresponsible ambitions who got caught with classified information improperly stored. The real damage had already been done years earlier by Hillary, who escaped any penalty, not even the embarrassment of a Special Prosecutor.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Klassified Kapers: Hillary v. Trump
Hillary versus Trump in their Klassified Kapers. Both kept classified information at their homes, both appeared to break the law, only one may be legally punished. But which one wins the battle to have done more damage to national security than your average enemy spy?
In the end when dealing with the damage done by mishandling classified information it comes down to exposure; who saw it, what was it, and when was it seen?
The “who” part is clear enough; a document left inadvertently on a desk top in an embassy guarded by Marines might be seen by locally hired cleaning staff at worst. A document left on a park bench and seized by the local police risks direct exposure to the host country intelligence services if not sale to the highest bidder depending on the locale.
The “what” is the real stuff of James Bond and even actual spies. A lot of things are classified, many perhaps overclassified. The Director of the National Security Archive at George Washington University estimates 70 percent of the documents he sees are overclassified. Donald Rumsfeld put it at 50 percent. Just because something is marked Top Secret does not mean the information there really is, but it still might rightly qualify as classified at the Confidential level. It would take a knowledgeable person looking at documents one-by-one to conclude which of the 7 out of 10 were overclassified.
Other times “what” is classified is in the eye of the beholder. The Secretary of State’s daily list of telephone calls to make is always highly classified. It might matter very little to a Russian spy that the Secretary is calling the leader of Cyprus on Wednesday but matter an awful lot to the leader of nearby Greece. That is why intelligence services often horsetrade, buying and selling info they pick up along the way about other countries for info they need about theirs. One of the most deeply-run intel operations against the State Department involved a Euro-ally looking for info on a competitor by listening in to third party U.S. diplomatic sites where the data was treated almost as spam.
The “when” aspect is also important as many documents are correctly classified at one point in their history but lose value over time. One classic example is a convoy notification; it matters a lot who knows tomorrow at midnight the convoy will set forth from A to B. It matters a whole lot less a month later after the whole affair has come and gone and everybody in town saw the convoy arrive.
Lastly, we have the unknown factor in judging our contest. Few countries actively harvesting intelligence are in the mood to tell anyone about it. In fact, just the opposite. Even when caught spies deny everything such that one of counter-intelligence’s main tasks after a bad guy is caught is to try and figure out what he likely gained access to, which documents or information he got. Note the “or” there because it is always information, data, which is classified, not pieces of paper. Much damage can be done with a diplomat’s hand written notes of a meeting, unmarked by a classification such as Secret, compared to a document marked Secret but containing nothing really worth keeping quiet. The marking on a document is only the drafter’s best estimate of what the information on paper really is worth. This all makes it hard to judge the relative impact of one exposure to another, but there are other ways.
So those are the ground rules, on to Hillary versus Trump!
We start the contest with raw number of documents potentially exposed. In Trump’s case we have a decent tally, thanks to the Department of Justice. The initial batch of documents retrieved by the National Archives from Trump in January included more than 150 marked as classified. With the recent search raid, more were found such that the government recovered over 300 documents with classified markings from Trump since he left office. This worked out to over 700 pages of classified material and “special access program materials,” especially clandestine stuff that might include info on the source itself, the gold star of intelligence gathering. If you learn who the spy is inside your own organization you can shoot him, arrest him, find other spies in his ring, or turn him into a double agent to feed bogus information back to your adversary. To be fair, our contest is a bit unfair to Trump, as inventories of what was found at Mar-a-Lago are online for all to see.
In Hillary’s case just coming to a raw number is very hard, as she destroyed her server before it could be placed into evidence and completely deleted (bleached) many, many emails. Because her stash was email the secret files were also not all in their original paper cover folders boldly marked Top Secret with bright yellow borders, as in Trump’s case. Hillary also stripped the classification markings off many documents in the process of transferring them from the State Department’s classified network to her own homebrew server setup. More on that later.
Nonetheless, according to the FBI, from the group of 30,000 e-mails returned to the State Department, 110 were determined by the owning agency to contain classified information at the time they were sent or received. Eight of those chains contained information Top Secret at the time they were sent, with some labeled as “special access program materials.” Some 36 chains contained Secret information at the time; and eight contained Confidential information. Separate from those, about 2,000 additional e-mails were “up-classified” to make them Confidential; the information in those had not been classified at the time the messages were sent, suggesting they were drafts in progress, in the process of being edited before a classification was ultimately assigned.
So in simple terms based on the albeit thin information available publicly, Trump wins the category for having the most raw material, classified documents, outside an officially secured facility.
In this race, the “what” is a toss-up. Little information exists on specifically what each document trove held, though the WaPo claims one of Trump’s docs detailed a foreign country’s nuclear capability (ironically, the leak from DOJ revealing the document’s contents suggests things were more secure at Mar-a-Lago than after the search) giving him a slight lead in this category. Clinton only discussed Top Secret CIA drone info and approved drone strikes via Blackberry.
But the real money-maker in the classified world is exposure, and here we finally have a clear leader. For all the noise around Mar-a-Lago, there is nothing to suggest the classified Trump held was ever exposed; in fact, information available suggests the stuff left the White House to remain boxed up inside a storage room. We know that after classified was id’ed inside Mar-a-Lago by the National Archives, DOJ asked Trump to provide a better lock, which he did, and later to turn over surveillance tapes of the storage room, which he did. But the clearest evidence of non-exposure is the lack of urgency on the part of all concerned to bust up Trump’s Klassified Kaper. Claims he removed classified documents from the White House began circulating even as he moved out in January 2021. The first public evidence of classified in Mar-a-Lago waited until January 2022 when the initial docs were seized, and the recent search warrant tailed that by months. It suggests if the FBI thought classified material was in imminent danger of being exposed to one of America’s adversaries they might have acted with a bit more alacrity.
Not so with Hillary. Her server was connected to the internet, meaning for a moderately clever adversary there was literally a wire between her computer with its classified information and the Kremlin. As the actual Secretary of State Hillary Clinton maintained an unsecured private email server which processed classified material on a daily basis. Her server held at least 110 known messages containing classified information, including e-mail chains classified at the Top Secret/Special Access Program level, the highest level of civilian classification, that included the names of CIA and NSA employees. The FBI found classified intelligence improperly stored and transmitted on Clinton’s server may have been “compromised by unauthorized individuals, to include foreign governments or intelligence services, via cyber intrusion or other means.” How could anyone have gained access to the credentials? Um, Clinton’s digital security certificate was issued by consumer-level GoDaddy.
The last bit seals it: we have a winner. Whether anyone unauthorized got a look at Trump’s stash remains unclear, but we know for near-certain Hillary’s was compromised. And by compromised we mean every email the Secretary of State sent wide open and read, an intelligence officer’s dream. Hillary had no full-time physical security on her server, her server was enabled for logging in via web browser, smartphone, Blackberry, and tablet, and she communicated with it on 19 trips abroad including to Russia and China. It would have taken the Russians zero seconds to see she was using an unclassified server, and half a tick or two to hack (hostile actors gained access to the private commercial email accounts of people with whom Secretary Clinton was in regular contact) into it. Extremely valuable to the adversary were the drafts, documents in progress, a literal chance to look over Clinton’s shoulder as she made policy.
Unknown is the actual process Hillary used to move classified material to and from her server from the main State Department and other systems. If she transferred data the most likely and convenient way, via floppy disk or USB drive, then she likely compromised the State Department systems as well. Her SysAdm for the home server was a State Department Civil Service employee she hired and so suggests a link between State computer hardware and the Secretary’s own. We’ll never know, as no search warrant was exercised to seize the server and Hillary’s word was taken when she said there was no chance of compromise. All we can say is some intelligence officer in Moscow or Beijing was probably promoted to Colonel off this one.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Prosecuting Trump
What would you do if you were Merrick Garland? Would you prosecute Trump? Or would you walk away, concerned about accusations you and the FBI were playing politics?
Step One appears easy, put off any decision until after the midterms. Trump is not a candidate, key issues driving the midterms (inflation, Ukraine, Roe) are not his issues and though Trump is actively stumping for many candidates, initiating any prosecution before the midterms is just too obvious. Nothing else about Mar-a-Lago has had an urgency to it (months passed from the initial voluntary turnover of documents and the forced search) and announcing an indictment now would be a terrible opening move. So if you’re Garland, you have some time.
On the other hand waiting until after the midterms can be dangerous if as expected the Republicans do well and take both the House and the Senate. Even with slim majorities Republicans are expected to initiate their own hearings, into Hunter Biden’s laptop and how the FBI played politics with that ahead of the 2020 election. Holding off an indictment until that is underway risks making your case look like retaliation for their case. That’s a bad look for a Department of Justice which claims it is not playing politics. It would look even worse if the Republicans try and cut you off, opening some sort of hearings into the Mar-a-Lago search prior to an indictment. Nope, if you’re Merrick Garland you are caught between a rock and a hard place.
But there is a bigger question: if you are Garland and you indict Trump, can you win? Candidate Trump is already earning a lot of partisan points claiming he is the victim of banana republic politics, and his indictment ahead of 2024 (it matters zero if he has formally announced or not, he is running of course) will allow him to claim he was right all along. An indictment will allow Trump to fire both barrels, one aimed at Garland and the other at the FBI and these, coupled with the dirty tricks a Republican investigation into the FBI and Russiagate will expose will make Trump look very right. He was the victim of partisan use of justice, and the FBI did try to influence both the 2016 election (with Russiagate) and the 2020 (by deep-sixing Hunter Biden’s laptop claiming falsely it was Russian misinformation) and now is taking a swing at 2024 with the Mar-a-Lago documents. If public opinion moves further to Trump’s side, Merrick Garland through his indictment just reelected Trump to the White House as a sympathy candidate. The spooks call that blowback, and it is a real threat in this instance.
Any action against Trump must preserve what is left of faith in the rule of law applied without fear or favor, or risk civil disenfranchisement if not outright civil unrest. Garland will have to address the most obvious precedent case involving former Secretary of State Hillary Clinton, who maintained an unsecured private email server which processed classified material. Her server held e-mail chains classified at the Top Secret/Special Access Program level which included the names of CIA and NSA employees. The FBI found classified intelligence improperly stored on Clinton’s server “was compromised by unauthorized individuals, to include foreign governments or intelligence services, via cyber intrusion or other means.” Clinton and her team destroyed tens of thousands of emails, potential evidence, as well as physical phones and Blackberries which potentially held evidence. She operated the server out of her home kitchen despite the presence of the Secret Service on property who failed to report it. Her purpose in doing all this appeared to have been avoiding Freedom of Information Act requests during her tenure as SecState, and maintaining control over what records became part of the historical archive post-tenure.
Clinton seems to have violated all three statues Trump was searched under. If the FBI is going to take a similar fact sets and ignore one while aggressively pursuing another, it risks being seen as partial and political. Any further action against Trump and certainly any prosecution of him must address why Hillary was not searched and prosecuted herself. Fair is fair, and after all nobody is above the law.
The other fear holding Garland back would be that of losing the case outright in court. Classified documents are typically dealt with either via administrative penalties (an officer is sent home for a few days without pay) or as part of some much larger espionage case where the documents were removed illegally as part of the subject spying for a foreign country. Rarely is a case brought all the way to court for simple possession. Most of the laws Trump may have broken require some sort of intent to harm the United States. In other words, Trump would have had to have taken the documents not just for ego or his library or as some uber-souveniers but with the specific intent to commit harm against the United States. Garland certainly does not have that.
Other factors which typically play into documents cases are also not in Garland’s favor. Despite not being kept in line with General Services Administration standards, the documents appear to have been locked away securely at Mar-a-Lago, the premises itself guarded by the Secret Service. Trump has already turned over surveillance video of the documents storage location, which presumably does not show foreign agents wandering in and out of frame. It is much harder to prosecute a case when no actual harm was shown done to national security.
Another factor in documents cases involves the content of the documents themselves. The uninformed press has made much of the classification markings, but Garland will need to show the actual content of the docs was damaging to the U.S., and that Trump knew that. Overclassification will play a role, as will the age and importance of the information itself; after all, it is that information which is classified, not the piece of paper itself marked Secret. Garland will know Trump will fight him page by page, meaning much of the classified will be exposed in court and/or the trial will move to classified sessions to shield the information but feed the conspiracy machine. One can hear Trump arguing his right to a public trial being taken away.
Hyperbole aside, the critical question returns to whether or not prosecutors could prove specific intent on Trump’s part for the more serious charges. Proving a state of guilty mind — mens rea — would be the crux of any actual prosecution based on the Mar-a-Lago documents. What was Trump thinking at the time, in other words, did he have specific intent to injure the United States or to obstruct some investigation he would have had to have known about? Without knowing the exact nature of the documents this is a tough prediction but even with the documents on display in front of us proving to a court’s satisfaction what Trump wanted to do by keeping the documents would require coworkers and colleagues to testify to what Trump himself had said at the time, and that is unlikely to happen. It is thus unlikely based on what we know at present that Trump would go to jail for any of this.
Take for example the charges of tax evasion now levied again the Trump Organization (i.e., not Trump personally and not part of the Mar-a-Lago case.) Trump Organization CFO Allen Weisselberg, as part of a plea deal, will testify against the Organization but not Trump himself as to why the Organization paid certain compensation in the form of things like school tuitions, cars, and the like, all outside the tax system. It will be a bad day for the Organization but loyal to the end, Weisselberg will not testify as to his boss’ mens rea. It is equally unclear who would be both competent and willing to do so against President of the United States Trump. Blue Check enthusiasm aside, he won’t go to jail over this.
The final questions are probably the most important: DOJ knows what the law says. If knowing the chances of a serious conviction are slight, why would the Justice Department take the Mar-a-Lago case to court? Then again, if knowing the chances for a serious conviction are slight, why would the FBI execute a high-profile search warrant in the first place? To gather evidence unlikely ever to be used? No one is above the law, but that includes politics not trumping clean jurisprudence as well.
And then what? If Garland successfully navigates the politics, if he proves his case in court, and if he secures some sort of conviction against Trump which withstands the inevitable appeal, then what? Trump’s Mar-a-Lago “crimes” are relatively minor. Could Garland call Trump having to do some sort of community service during the 2024 campaign a win? Pay a fine? It seems petty. It sure seems Trump wins politically big-picture whether he wins or loses at Mar-a-Lago. If you were Merrick Garland, what would you do?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Mueller Report, January 6, Mar-a-Lago, and the Abyss
Dear Merrick Garland:
One of the problems with the Abyss is you often don’t realize how close you are to falling in until too late in the game. Watching the seemingly endless January 6 hearings and Mar-a-Lago search throw mud against the political wall in hopes something sticks, it is easy to forget how close we came to impeaching or prosecuting a president based on false information, and in that process wrecking our system of rule of law. Remember what was at stake — the President of the United States was accused of being a Russian agent. Then there was a backup plan to get Trump, an indictment for obstruction of justice based on obstructing a case which could only have exonerated him, based on false info as it was. It is all worth revisiting as the January 6 Committee and the FBI contemplate empty but politically juicy criminal referrals.
As we look at gaps in the January 6 story, older questions remain: why didn’t the Mueller Report say the obvious, that the Steele Dossier and all that flowed from it via Crossfire Hurricane, was based on bogus information created by a politicized FBI, that there was no Russiagate? And why didn’t Trump say the same thing, explicitly (he did deny the allegations) and call the Democrats’ bluff, exposing Russiagate in real time for what it was, a Hillary Clinton paid-for smear exercise that was allowed to get out of control? Imagine the Constitutional issues of an impeachment based on false information, especially if it had been upheld by the Senate or Trump otherwise driven from office?
Special Counsel Robert Mueller, portrayed as the dogged Javert, presented his report on Trump-Russia ties to the public in April 2019. The report tackled two broad questions: did Trump work with Russia to get elected in 2016, and did Trump obstruct justice as the FBI, the Special Counsel, and Congress sought to investigate the first question? Mueller answered questions upon presenting his report to Congress, and then disappeared from public eye. No Late Night, no memoirs, no high brow interviews.
As to the first question, Mueller was very clear “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 US Presidential Election… the report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public.”
But the second question, obstruction, was left open for many of the hopeful. Mueller wrote in Footnote 1091, “A possible remedy through impeachment for abuses of power would not substitute for potential criminal liability after a President leaves office. Impeachment would remove a President from office, but would not address the underlying culpability of the conduct or serve the usual purposes of the criminal law. Indeed, the Impeachment Judgment Clause recognizes that criminal law plays an independent role in addressing an official’s conduct, distinct from the political remedy of impeachment… Impeachment is also a drastic and rarely invoked remedy, and Congress is not restricted to relying only on impeachment.” Mueller also mentioned “the conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of the office accords with our constitutional system of checks and balances and the principle that no person is above the law.” Heard that again recently?
Just about everyone sitting left of political center read that clearly as saying even if Congress could/would not impeach and convict Trump (as the Senate was Republican controlled) they could open a case against him with DOJ that would pend during his term while he had immunity and then whack! come down on Citizen Trump the day he left office. A cardinal rule for prosecutors is to not publicize negative information that does not lead them to indict someone — “the decision does the talking.” James Comey was criticized for doing this with Hillary Clinton during the campaign. Yet most of the Report’s Volume II is just that, descriptions of actions by Trump that allegedly contain elements of obstruction. Some say Mueller wanted to draw a “road map” for a prosecution that would have to take place years separate from his Report.
Following Mueller was an amazing amount of smoke and noise regarding obstruction, but ultimately Trump was not impeached nor after he left office did anyone (SDNY, DOJ) seek to prosecute him as a private citizen for connections to Russia or obstruction. It all just faded away as impeachment over something-something Ukraine was ginned up in a hurry based on a bogus whistleblower and a non-issue quickly forgotten when the Senate righteously failed to convict Trump. We will never know how close the U.S. got to impeaching Trump for obstruction or a prosecution for the same. We do know the temptation was there.
What we know now that we did not know then is that there was no Russiagate. All the stuff of the Steele Dossier, the pee tape, the Moscow meetings, Michael Cohen in Prague, was simply made up. Everything investigated by Steele, Mueller, and the FBI never happened. It was all paid for by Clinton operatives for the purpose of smearing Trump during the campaign and after he won, in an attempt to destroy his administration and possibly drive him to resign or be ridded by the 25th Amendment.
We know know Christopher Steele, paid by the Clinton campaign (after Clinton’s denial, it took a year for congressional investigators to uncover that the dossier was commissioned by the opposition research firm Fusion GPS, working for the Democratic Party and Hillary Clinton’s campaign, paid through the Perkins Coie law firm), seems to have done no investigative work. Instead, his reputation as a former British intelligence officer was purchased to validate a dossier of lies and then traffic them to the FBI and journalists. One of Steele’s key “sources” is the now-arrested Igor Danchenko, a Russian émigré living in the United States whose trial for perjury is scheduled for this autumn (Steele was introduced to the Russian by Fiona Hill, then of the Brookings Institution. Hill would go on to play a key role in the Ukraine impeachment scam.) Danchenko completely made up most of what he told Steele about Trump-Russian collusion.
When he did not make up stuff himself, Danchenko was spoon-fed lies by Charles Dolan, a Clinton campaign regular (Fiona Hill introduced Dolan to Danchenko). Ironically, Dolan had close ties not only to the Clintons but to the Russians as well; he and the public relations firm where he worked represented the Russian government and were registered as foreign agents for Russia. Dolan is credited with, among other things, making up the pee tape. Dolan also fed bogus info to Olga Galkina, another Russian who passed information to Danchenko for inclusion in the Dossier. Galkina noted in e-mails that she was expecting Dolan to get her a job in the Hillary administration.
Mueller mentioned the Steele Dossier in his own Report numerous times, and was well aware the Dossier played a major role in the FBI investigation of Trump. Did Mueller also come to know it was bogus, fake, a fraud, campaign fodder paid for by Clinton? If so, Mueller remained silent and so much for the rule of law. Why? The FBI, internally we now know dubious of many of the Dossier and other claims handed to it by various Clintonites working undercover, stood by its justification for the full investigation. And so much for the rule of law.
“The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign,” said Kevin Brock, the FBI’s former intelligence chief. “And yet they knowingly ran with its false information to obtain legal process against an American citizen. They defrauded not just a federal court, they defrauded the FBI and the American people.” The 2019 Horowitz Report, a look into the FBI’s conduct by the Justice Department Inspector General, also made clear the FBI knew the dossier was bunk and purposefully lied to the FISA court.
What would have happened had some entity brought charges against Trump for obstructing an investigation itself based entirely on false information and false pretenses? At the very least all hell would have broken loose in Washington. For example, would an FBI whistleblower have emerged, concerned his beloved Bureau was about to throw its reputation away on a political assassination while the Bureau et large remained mum co-conspirators?
Would Trump have revealed the mountain of information he for some reason still holds close today? For example, Trump, knowing exactly what he ever did or did not do vis-a-vis Russia, knew the Dossier to be bogus but stuck simply with short-form denials. At what point in a Trump trial would it have come out that nearly 100 percent of the information against him came from the Clinton camp as campaign smear material? Is it even legally possible to be found guilty of obstructing an investigation that could have only found you guilty by employing fraud against you? Obstruction requires a showing of intent and how could Trump intend to obstruct an investigation he knew could not lead to anything because all the basic facts are false?
A prosecutor need also look deeply to ensure he can prove intent as necessary, that an act — perjury, for example, was done with the intent to mislead and was not simply a mistake. That’s the difference between a mistake, error, misstatement and a true lie, what it was intended to accomplish, a crime. The act is easy to prove, the thought pattern, what was in someone’s head, the mental objective behind an action, much less so. Imagine those issues being debated in a divided America during say a presidential election campaign? Rare is the challenge to peoples’ belief in the rule of law. Was the Deep State ready to go that far?
That’s the Abyss. Perhaps future historians of January 6 and Mar-a-Lago will tell us how close we really got to it.
Respectfully,
Peter
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Classified Right Outta Mar-a-Lago
What is a classified document? Trump seems to have lots of them, and the FBI sure wants them back.
In the wake of my first book critical of the State Department’s Iraq Reconstruction program, Diplomatic Security began a deep dive into my life in an attempt to find something over which to prosecute me. A colleague inadvertently passed on a bit of personnel gossip via his official email to my Yahoo! account, and the chase was on.
Diplomatic Security claimed I was in possession of “classified” material at home and referred my case to the Justice Department. The email in question was simply labeled “For Official Use Only,” (FOUO) a standard tag then automatically applied to all email sent by State in the unclassified system (a wholly separate email system existed for true classified — Confidential, Secret, Top Secret — messages.) FOUO was a non-standard “classification” made up by State and was being used to pin me against the wall and force me to resign under threat of prosecution. Luckily someone familiar with classification law at the Department of Justice prevailed, and I was not charged. The so-called secret in the email, that a mutual friend thought someone’s boss was a jerk, stays safe with me to this day.
The classification system for national security documents, while designed to identify documents to protect from people without the proper clearances, including foreign intelligence officers, has been often misused over the decades. It is very easy to slap a classified label on a document — persons using the State Department’s classified email system must classify what they write as either Confidential, Secret or Top Secret. If the document does not fit those categories it does not belong on the “class system” to begin with, though this is often misused as well. State workers who use the class system almost exclusively for their work might pass on a lunch invitation via the same system to avoid jumping from computer to computer.
Many documents correctly classified on creation, such as a military convoy movement time, lose their secretness within a few hours after everyone sees the convoy rumbling down the road. The classified bit was knowing in advance the convoy would depart a certain place at a certain time and after that passed, meh. Lastly, documents are often over classified for ego purposes, the sender feeling more important if his pet project is labeled Secret as opposed to FOUO or simply left unclassified. That all said, some documents deserve their classification and more, particularly those which reveal sources and methods, say the name of our agent deep inside Putin’s inner circle. Stuff like that is rarely ever even put into writing; if the president wants to know he is usually orally briefed.
Classification can also be misused in other ways, say to “hide” a document from future Freedom of Information Act searches and delay its release. Important people like to think they do important things and rightly or wrongly most of what the president or the Secretary of State touches ends up classified at some level. Over classification thus plagues the government, slowing down the legitimate transfer of information.
Except for the president, once classified it is very hard to unclassify or downgrade a document not subject to automatic declassification. Anyone can create a classified document by slapping the word Secret on it, but very few people can later take that document and change it to unclassified. The assumption is the original classifier was correct. The biggest exception of them all is the president himself, who holds the authority to change or declassify documents. This is not done willy-nilly; there is a process to follow which leaves a decision trail and usually includes some sort of consultation with the organization (State, CIA, DOD) which originated the document. The president cannot wave his hand over a storage unit of banker’s boxes and declassify the lot. Also, the president can unilaterally authorize officials from a foreign government to receive classified national security information. It is a very broad mandate, stemming from the fact that the entire classification system is based on Executive Orders more than law. Of course there are also the questions of “legal” and “sensible” that apply to all presidential actions but the latter is up to the voters, not the FBI, to decide.
Classified documents are supposed to be stored in classified containers (safes) or spaces (up to bank-like vaults.) All these rules about classified documents are supposedly taught to you as part of being issued a security clearance, though in practice people like the president or SecState have staffers who take care of producing, storing, and disposing of classified. If a breach occurs, the first question is not nyah nyah nyah you got caught! but what level of document was exposed and how was it exposed. Did you inadvertently leave it out on your desk instead of putting it into a safe inside the guarded embassy during lunch, or did you intentionally publish it to your Instagram? Was it an out-of-date means-little document or a current list of human assets in Ukraine? How much damage was done and what was the intent? Because there’s classified, and then there’s classified, bubby. Those maximum penalties bandied about by the media would typically require a significant exposure with intent to do harm.
People inside government and the military commit security violations all the time, almost all minor and inadvertent. Punishments can be as mild as being told not to do it again, up to loss of pay and forced time off to actual loss of job and even prison. But you gotta work at it to go much further than your own boss and the security team.
We don’t know exactly what documents were found at Mar-a-Lago, and we don’t know what classification they individually held or how they were stored. We do know Trump as president had the authority to declassify any of them, something which will figure into any defense he has to make. We also know the type of document and what it contains matter a lot in any penalty which may follow the FBI raid. We also know what Trump did with the documents is critical. If they never left a dark, locked basement storage area at Mar-a-Lago and were likely not reviewed by anyone since leaving the White House, punishment will be unlikely unless politics interferes.
Since millions of government employees have at one point handled and mishandled classified, there is plenty of precedent out there on action and punishment. For example, one of the most well-known cases is Sandy Berger, former national security adviser to President Bill Clinton, who stole classified documents from a secure reading room at the National Archives. He pleaded guilty in 2005 to a misdemeanor charge of unauthorized removal and retention of classified material (via the Espionage Act, the same charge the media says Trump may face) and was sentenced to probation, community service, and a fine. General David Petraeus received only probation for intentionally sending highly classified military documents via commercial email to his lover/biographer.
Former Secretary of State Hillary Clinton maintained an unsecured private email server which processed classified material on a daily basis. Her server held at least 110 known messages containing classified information, including e-mail chains classified at the Top Secret/Special Access Program level, the highest level of civilian classification, that included the names of CIA and NSA employees. The FBI found classified intelligence improperly stored and transmitted on Clinton’s server “was compromised by unauthorized individuals, to include foreign governments or intelligence services, via cyber intrusion or other means.” Yet Clinton was not prosecuted nor penalized. Any prosecution of Trump would need to address that precedent.
All this needs to be kept in mind when evaluating the FBI raid at Mar-a-Lago. The FBI, its reputation already in tatters post-Russiagate, might also have kept it in mind before deciding to stage another likely losing full-on assault against Trump.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Justice, Albeit Late, at Oberlin College and Gibson’s Bakery
An African-American college student was arrested for shoplifting and a culture war erupted at Oberlin College, Ohio. He’s black now, the term African-American itself becoming offensive to some in the interim, and the war is mostly over. Ultra-liberal Oberlin lost after six years of legal wrangling. Oh, and the college owes $33 million in defamation damages to the surviving white people (two of the plaintiffs died of old age while the trial dragged on) who own a bakery it defamed over racial issues.
It was 2016 and Donald Trump had just been elected president, defeating candidate Clinton. Everyone was certain Trump’s victory was the End of Democracy and was anxious to claim their victimhood in the New Order.
Enter Oberlin College, arguably the most socially liberal school in America. Students protested the inauthenticity of food at the school’s Afrikan (sic) Heritage House and complained the cafeteria sushi and bánh mì were prepared with the wrong ingredients, making a mockery of cultures. There was scrutiny of the curriculum, and a student wanted trigger warnings on Antigone. African-American students wrote a letter to the school’s president with 50 non-negotiable demands for change in Oberlin’s admissions and personnel policies. And all that was seen — in 2016 — as a good thing. Such were the times.
Then on November 9, 2016 (just the day after Donald Trump was elected), three black students from Oberlin College were arrested for attempting to steal wine from nearby Gibson’s Bakery. The shop was as much a part of the traditional Oberlin scene as the statues and college green. The white owner confronted one student, who ran from the store. Outside, the owner detained him, and while waiting for the police was attacked by two other black students. The students eventually entered guilty pleas, and were convicted. They read statements recanting allegations of racism against Gibson’s. Nothing connected the theft with Trump or racism except… racism.
Upon hearing of the arrest Oberlin’s Student Senate immediately declared the incident a case of racial profiling, and without investigating passed a resolution calling for a boycott of the bakery. The college’s administration sent an email to students implying Gibson’s discriminated on the basis of race. Then-Oberlin Dean of Students Meredith Raimondo (she’s now vice president for student affairs at Oglethorpe University) handed out flyers supporting the boycott. As protests kicked into higher gear, Oberlin College provided a break room stocked with coffee and pizza in a nearby school building. Dean Raimondo also agreed to reimburse a student for money spent on gloves given to protesters to combat the cold weather. Raimondo had the college’s food distributer cut off food from the bakery. Gibson’s business suffered.
The problem was the bakery did not racially profile anyone. The students had been shoplifting. The college acted against the bakery (“tortious interference with the business relationship” said the court) based on nothing but its underlying anger at Trump’s election. After some weak efforts to claim protection under the First Amendment (the legality of the protests was not in question), demand a mistrial, and blame everything on the students alone, the College dragged the case out for so long two of the Gibson’s owners died while waiting for the verdict.
The case eventually ended up at the Ohio Court of Appeals, who knew a textbook defamation case when it saw one, and quickly fined Oberlin College $33 million in damages. Oberlin can but has not yet appealed the decision further. It was left to Ohio Attorney General Dave Yost to tweet the ruling represented “The cost of woke.” He was mocked on Twitter, of course.
As knee-jerk reactions driven by an anti-Trump political agenda were a mark of the Trump Administration years themselves, so will defamation lawsuits, like the one with Oberlin, be a symbol of the post-Trump era. Defamation is a statement that injures a third party’s reputation, either as libel (written statements) or slander (spoken statements). Proving defamation requires showing four things: 1) a false statement purporting to be fact (Gibson Bakery is racist); 2) publication or communication of that statement to a third person (the flyers and protests); 3) fault (e.g., intent) amounting to at least negligence (Oberlin ignored the shoplifters’ guilty pleas and other facts regarding the underlying crime); and 4) damages (Gibson lost business.)
The Gibson case aside, the most likely source of defamation today is the media, given their reach via “publication.” So why aren’t there more defamation suits? First, the courts in the U.S. traditionally set the bar high to preserve the 1A’s duty to constitutionally-protected opinion. Historically the courts have also granted leeway to anyone, journalist or not, who appears to defame public figures. The idea is that if you put yourself out there, you’re expected to take a few slings and arrows. This is what allows tabloids like the National Enquirer to get away with making up stories about celebrities as their mission statement. But defamation as a business practice was once upon a time what bottom feeders did, not regular practice for the media of record and college deans.
Things may be changing given the free-for-all media environment which relies on defamation to generate clicks. In addition to the big money Oberlin case, two years ago Covington Kid Nick Sandmann successfully sued CNN for defamation to the alleged tune of $25 million. The media falsely accused Sandmann of racism on the National Mall when he and some fellow high school students were confronted by actual racists. Sandmann’s suit charged CNN journalists “maintained a well-known and easily documented biased agenda against President Donald Trump and established a history of impugning individuals perceived to be supporters of the president.” They asserted CNN and the others would have “known the statements to be untrue had they undertaken any reasonable efforts to verify their accuracy before publication.” In other words, they should have committed journalism, the finding of facts, in lieu of packaging what was actually nothing at all into a steamy piece that fit an existing agenda.
In another example, John Paul Mac Isaac came to own Biden’s laptop after the president’s son abandoned it in his repair shop, the Mac Shop, in April 2019. The repair shop owner recently filed a defamation suit against the Daily Beast, CNN, and Politico seeking at least one million dollars in compensatory and an unspecified amount in punitive damages. Those media outlets claimed that Isaac was a liar who stole Biden’s laptop.
The mind set of 2016 seems so long ago. People like AOC and her Squad, Michael Avenatti, and Andrew Cuomo were thought of as likely presidential candidates. Yet justice grinds on. Just check with the people who have to pay for it at Oberlin College.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Revisiting Hunter’s Laptop
You hear? The emails on Hunter Biden’s laptop are real. No less than the New York Times, the official MSM newspaper of the MSM, agrees. Actually, the FBI agreed first, as they’re in the middle of an ongoing criminal investigation into Hunter’s business and tax activities based on the contents of the laptop. Despite massive coverage of the emails in the non-MSM, it was only the FBI’s use of the laptop which finally forced the Times to admit to this year what it said was bull last year. Politico, based on a book by one of its own writers, now, too, admits the emails are real, not Russian disinformation.
Now that we all agree the emails are real, and we can talk about them in polite company, what’s the big deal? Is this just another case of “buh buh her emails!!!”
Well, yes, sort of. As the media went full-spectrum to hide, diminish, downplay, and muddle the story about Hillary Clinton’s emails, so did they do the same with Hunter’s. In Clinton’s case, knowledgeable people, experts in government classification, were forced to endure months of “news” speculating on whether the Secretary of State’s official correspondence might contain something classified, or about whether running one’s own unsecured email server for official business was some sort of legal violation, and then questions about whether deleting 30,000 pieces of potential evidence was “okay.” Despite failing to kill the story (Hillary’s shifting excuses gave it new life at each turn) the media softened its edges enough that when then-FBI Director James Comey disingenuously proclaimed Hillary innocent the public was ready to move on.
In Hunter’s case the emails were buried, not merely diminished, as the MSM came to better understand its super powers. The hallmark was the interplay among the American intelligence services and the MSM, working for the Democratic Party. That interplay, awkward in 2016 with Comey at center stage, matured in 2020. As the NY Post and others broke the story that a laptop full of Hunter Biden’s files indicated a potential pay-for-play scenario involving then-candidate Joe Biden just ahead of the presidential election, almost in real time more than 50 former senior intelligence officials signed a letter claiming the emails “have all the classic earmarks of a Russian information operation.” With absolutely no evidence, the signers said their national security experience made them “deeply suspicious that the Russian government played a significant role in this case.” “If we are right,” they added, “this is Russia trying to influence how Americans vote in this election, and we believe strongly that Americans need to be aware of this.”
The letter was evil brilliance in that it played off earlier prejudices, from 2016, that the Russians sought to manipulate American elections. In fact, most of the key signatories — James Clapper and John Brennan among them — had played key roles in misdirecting public opinion around the DNC server hack and later the whole of Russiagate. In the hands of the MSM the meme quickly morphed into “the laptop is fake,” a parallel to “but her emails!!!”
Something new was introduced, however, the active blocking of information from a large number of Americans. With the letter as “proof” the laptop was disinformation, social media took the handoff. Twitter locked The New York Post‘s account after the Post refused to obey Twitter’s orders to delete its own reporting. Twitter also blocked all references to the laptop story by all users, even banning links to the story in DMs. Facebook announced no discussion of the issue would be allowed pending a “fact check” which never came. MSM labeled the laptop fake, social media blocked the news, and pretty much the public fell in line and voted for Joe Biden without knowing squat about what he and his son Hunter had been up to.
TAC readers were not included in this seething heap of ignorance. TAC, alongside the NY Post and many other non-MSM outlets, understood the emails were worthy of the public’s attention. In the case of TAC, we published a deep dive into the laptop’s contents online in December 2020, and a deeper dive in our print edition. NY Post readers got much of the same information even before the election. As the contents of the laptop become more widely known, it appears the intelligence community-media-Democratic Party was right to hide them before the presidential election: almost half of Americans believe Trump would have won a second term if the media had fully reported on the laptop’s revelations. Another poll showed enough people in battleground states would have changed their minds had they known about the emails to give Trump the electoral votes needed for reelection. If you’re keeping score, hiding the emails marks the second election controlled by the intelligence community-media-Democratic Party.
Given that for better or worse Joe Biden was elected, and is very unlikely to run for a second term, do Hunter’s emails still matter in 2022? Yes. The laptop still has a lot to tell us.
— The emails matter because their handling exposed (again) the way the intelligence community-media-Democratic Party manipulated your vote. You need to understand their techniques ahead of 2024.
— The emails matter because they are just the tip of the iceberg. We already know Hunter did not report much of the income revealed by the emails, and recently paid one million dollars in back taxes with Federal fraud charges pending. There is more to come which may affect who you vote for in 2024.
— The emails matter because they show Hunter did or was planning to kick in money to his father (“10 percent for the big guy,” read one email.) There was co-mingling of their finances, shared bank accounts, and covering each other’s bills, which need to be investigated. In one message, Hunter revealed he was locked out of a bank account because his father was using it. In a text, Hunter complained that he was required to give his father half of his money for some unspecified task.
— The emails matter because they are primary evidence of possibly criminal actions by Hunter that bump into Joe’s official work first as Obama’s VP and now as president. Hunter Biden had extensive deals working in Ukraine and China that conflict-of-interest laws demand to be investigated. Hunter took large sums of money from businesses in Ukraine that were part of his father’s official portfolio as vice president, and took large sums of money from Chinese shell companies with ties to the Chinese oligarchy. Hunter performed no work in return for the money. In the case of China, he appeared to launder money, taking in six figures, skimming off a percentage, then handing the remainder over to a U.S. corporate entity of the Chinese organization. That got around Chinese government currency export regulations. Only an FBI investigation will show if Joe was involved in any of the same.
— The emails matter because they were blackmail fodder, and the FBI must find out if Hunter was tapped by any foreign intelligence service when his father was VP. On the laptop was evidence of Hunter’s filthy life, actions simply screaming to a foreign intelligence service “Blackmail me!” Hunter’s laptop was chocked with video showing him smoking crack. Hunter spent money on escorts, some $21,000 on cam sites, big plays on all sorts of depravities. There was correspondence referencing Hunter’s affair with his dead brother Beau’s widow.
— The emails matter because if Supreme Court Justice Clarence Thomas’ wife’s politics may rise to the level of his impeachment, then Joe Biden’s son’s action may do so also.
— The emails matter, if you keep score this way, because they show Hunter was doing what so many can only imagine they’ll one day have proof Jared, Don, Jr., Ivanka, and Eric did.
— The emails matter because the President of the United States says they do not matter. Joe Biden’s defense is a sweeping: “My son did nothing wrong.” That makes Joe either too ignorant to hold high office, or an accomplice in a cover-up, both 25th Amendment territory. This is especially important because Joe ran on an anti-corruption platform following the Trump family escapades.
— The emails matter because they are not a smoking gun, but a multi-pronged series of leads and pointers which deserve investigation to see if there is a smoking gun. To dismiss them because they are “incomplete” is to fail to understand the difference between evidence and conclusion. And that makes you look sorta dumb shouting about it on Late Night.
Editor’s Note: Though the full text of the emails are not yet available in full online, you can read TAC’s summary, with specific examples, here.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Russiagate: The Smoking Gun, Part II
Part I of this article showed a conspiracy to smear Donald Trump with false allegations of collusion with Russia took place, with Hillary Clinton at its head. Part II today will show the FBI was an active participant in the conspiracy to destroy Trump. The facts are not in dispute. We are left only to decide if the FBI acted incompetently and unprofessionally, or as part of a conspiracy.
The first part of the smoking gun may have been hiding in plain sight for some time now. In June 2018 Inspector General for the Department of Justice Michael Horowitz released his report on the FBI’s Clinton email investigation, including FBI Director Comey’s drafting of a press release announcing no prosecution for Clinton, written before the full investigation was even complete. In a damning passage, Horowitz found it was “extraordinary and insubordinate for Comey to conceal his intentions from his superiors… for the admitted purpose of preventing them from telling him not to make the statement, and to instruct his subordinates in the FBI to do the same.”
Attorney General Loretta Lynch, Comey’s boss, is criticized for meeting privately with Bill Clinton as the FBI investigation into Hillary unfolded. “Lynch’s failure to recognize the appearance problem… and to take action to cut the visit short was an error in judgment.” Lynch then doubled-down, refusing to recuse herself from the Clinton case, creating “public confusion.”
The report also criticizes FBI agents Peter Strzok and Lisa Page, who exchanged texts disparaging Trump before moving from the Clinton email to the Russiagate investigation. Those texts sowed public doubt about the investigation, including one exchange that read, “Page: “[Trump’s] not ever going to become president, right? Strzok: “No. No he’s not. We’ll stop it.” Another Strzok document stated “we know foreign actors obtained access to some Clinton emails, including at least one secret message,” thought that was never prosecuted.
Page and Strzok also discussed cutting back the number of investigators present for Clinton’s in-person interview in light of the fact she might soon be president, and thus their new boss. Someone identified only as Agent One went on to refer to Clinton as “the President” and in a message told a friend “I’m with her.” The FBI also allowed Clinton’s lawyers to attend her interview, even though they were also witnesses to possible crimes committed by Clinton.
If that does not add up to a smoking gun that the FBI conspired pre-dossier to help Hillary Clinton, how about this?
Following Hillary’s exoneration over her emails and mishandling of classified information, the FBI launched its Crossfire Hurricane investigation into Trump-Russia, based in whole or large part on the infamous Christopher Steele dossier. The public now knows the dossier was paid for and stocked with falsehoods by the Clinton campaign. The unanswered questions from that investigation themselves comprise a second smoking gun of FBI conspiracy. For example:
— Why did the FBI not inquire into Steele’s sources and methods, which would have quickly revealed the information was wholly false? Why was the FBI unable to discover Steele (and later, Clinton lawyer Michael Sussmann, who gave false info to the FBI about Trump and Alfa Bank) were double agents working for and paid by the Clinton campaign?
— When the FBI found the target of its first FISA warrant out of the dossier, Carter Page, was actually a paid CIA asset, why did they hide this information from the FISA court instead of dropping Page? Why did this not cause them to question the credibility of Steele, a master spy who couldn’t even identify his source was actually a CIA asset? Steele claimed the Russians offered Page an insanely huge bribe, billions of dollars, to end U.S. sanctions if Trump became president. Page clearly could never have played a significant role in ending sanctions. Why did the FBI find those statements credible enough to pursue the warrant?
— Why did the FBI cite an open-source press article by Michael Isikoff claiming Trump had Russian ties as part of its FISA warrant application against Page without finding out who Isikoff’s source was? The source of course was Christopher Steele, who was interviewed in a hotel room booked by Fusion GPS who was paid by Clinton. The FBI nonetheless claimed an article from Yahoo! corroborated the dossier, a cite unlikely to pass muster on an undergrad term paper. Were they really fooled?
— Why did the FBI not discover the dossier’s false claim Trump lawyer Michael Cohen visited Prague to meet with Russians? Robert Mueller was able to conclusively dismiss the report. Confirming Cohen in Prague would have been a cornerstone of the FBI’s larger case, but the matter was left open until Mueller.
— Why did the FBI not question Sussmann about the source of his DNS data, some of which came directly from inside the White House? Why would a private citizen have such information?
— When Sussmann, claiming to be a concerned citizen with White House DNS data, first approached the FBI, why was he assigned to meet with the FBI’s General Counsel, its lawyer, and not a case agent? Was something other than his information, such possibly FBI collusion with fraud, being validated?
— Why was the CIA investigation referral saying Hillary was behind Russiagate ignored by the FBI? The memo was addressed to Director James Comey, who claims he has no knowledge of it, and Peter Strzok, who should have been the action officer but did nothing?
— Why did Kevin Brock, the FBI’s former intelligence chief, say “The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one, that the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign. And yet they knowingly ran with its false information.”
— Despite the investigation being run by the FBI, why was it CIA Director John Brennan who briefed (LINK) Obama on the Hillary connection in July 2016 and not Comey?
If any of those questions seem kind of obvious, that is the point. The cover stories only had to hold for a short time, enough to infect the media, enough to make things seem plausible for the FBI. Team Clinton and its co-conspirators were so certain they would win the election they felt none of their tricks needed to stay hidden much past victory. The story is waist-deep rotten.
At this point you can believe the multiple ops paid for and run by Clinton people were uncoordinated events, or that they were part of the broad campaign Hillary was an active participant in, and about which John Brennan warned Barack Obama, and which the CIA warned the FBI, not knowing they were in on it. You can believe the FBI acted incompetently and unprofessionally (yet consistently, no breaks went Trump’s way), or as part of a conspiracy.
What you cannot do any more is pretend this did not happen, and that the person most involved came close to being elected president because of it. If you worry about democracy, worry about that.
In preparing this article, it was fascinating to review the many shameful articles written in 2016 and 2017, the crazy days when every hinted rumor was worth a Breaking! designator. But one piece stood out, from Forbes in 2017. Hillary denied paying for the dossier, and the truth — the campaign paid the law firm Perkins and Coie who paid Fusion GPS who paid Orbis who paid Steele — was not known. The Forbes journalist wrote “If ordered and paid for by Hillary Clinton associates, Russia Gate is turned on its head as collusion between Clinton operatives (not Trump’s) and Russian intelligence. Russia Gate becomes Hillary Gate.” The article went on to say how James Comey refused to comment on Fusion GPS and the dossier in May 2017. Comey by then knew the real story and remained silent, even as the press was still running with the idea the dossier had been paid for by anonymous Democratic donors. If only we’d known.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Connecting the Dots of Durham, Russiagate, the FBI, and Clinton
Let’s connect the dots among Durham, Russiagate, the FBI, and Clinton. They show the Clinton campaign ran a sophisticated, multi-prong coordinated intelligence operation against Trump with either the active or tacit support of the FBI.
In the case of prong one, the dossier, the Clinton campaign hired MI6 intelligence officer Christopher Steele. The hiring was through its law firm, Perkins Coie, who hired Fusion GPS, who hired Steele to hide the funding source. The use of the law firm as a cut out allowed Hillary during the campaign to deny she funded the dossier, and the media to claim for a year or more that it was actually the Republicans themselves who paid for it. This set up the he said/she said cover Clinton would use throughout the operation.
Once they had hired Steele, the Clinton campaign and its allies found Russians and others who would feed lies to Steele. Steele was paid to use his credibility to hide the non-credibility of his pushed-sources. They were taken seriously only because Steele was taken seriously, albeit only because he was paid by Clinton to do so. You could not achieve much putting a thug like Igor Danchenko himself on CNN. This is known as embellishing your sources.
Here are some of Steele’s sources and connections. See if they connect any dots: one of Steele’s key sources is the now-Durham indicted Igor Danchenko. Steele was introduced to Danchenko by Fiona Hill. Hill would go on to play a key role driving the Ukraine impeachment. When Danchenko did not make up stuff himself, he was spoon-fed lies by Charles Dolan, a long-time Clinton hack (it was Fiona Hill who introduced Dolan to Danchenko). Dolan had close ties not only to the Clintons but to the Russians as well; he did PR work for the Russian government and was registered as a foreign agent for Russia. Dolan also fed bogus info to Olga Galkina, another Russian who fed info to Danchenko for inclusion in the dossier. Galkina expected Dolan to get her a job in the Hillary administration.
Steele then took his dossier down two tracks. He used his role as a former FBI informant to push the info deep into the Bureau and help trigger the Crossfire Hurricane investigation which would ultimately feed the Mueller Report. When cracks in Steele’s dossier appeared early on, they were taken care of. For example, one of those Trump staffers Steele accused of being a Russian agent, Carter Page, was actually a CIA agent. Yet when the FBI sought a FISA warrant, the FBI deleted his association with CIA from the application. Special Counsel Robert Durham prosecuted the man who did that, Kevin Clinesmith, who was found guilty, albeit years after the warrant was issued. Steele was worth his weight in gold to Clinton: he got the FBI to launch a full-spectrum investigation that included eavesdropping, use of a honey pot dangle, and foreign agents, all of which lead to three years of Mueller and right to the door of impeachment.
Steele’s second track was the media. Steele set himself up as a source to compliant media about the dossier without revealing to them he was the author of the dossier. This information loop made it appear a second entity was confirming the contents of the dossier, when in fact it was Steele surreptitiously confirming himself. It’s an old spy trick, getting inside, becoming your own corroborating source. In intelligence work, for the receiver of information, this is known as cross-contamination, an amateur error the FBI seemed OK with. The scam also generated cover for all the politicians and intelligence operatives. They could go to their bosses and say the New York Times has found a source which confirms what we’re hearing from Steele.
Every element of the dossier job is present in prong two of the broader operation, Clinton’s electronic spying on Trump. As with the dossier, it begins with the statement of work that Trump is connected with Russia and the job is to create something plausible enough to “confirm” that connection. A cut out was again used to fund things, in this case Clinton lawyer Michael Sussmann and again the firm Perkins Coie. Sussmann, with the lure of a big job in the Hillary administration, recruited Rodney Jaffe, a tech guy whose company Neustar had a contract with the Obama administration to provide DNS servers to the White House. Joffe also had connections deep into the DNS community, and used them to gain access to DNS data from Trump Tower and other properties (see what you can do with DNS data.)
Though the DNS data is no more credible than the dossier, Sussmann follows Steele’s playbook. Sussmann first takes his story as an anonymous source to the NYT in late August 2016. He then goes to the FBI and CIA on September 16, 2016, mispresents himself as not working for the Clinton campaign (he is currently under Durham indictment for that) and pitches them the story Trump and the Russian Alfa Bank have set up some sort of backdoor communications. Sussmann later added another unproven tale, that Russian smartphones were connecting regularly with the White House.
Concurrent with Sussmann’s pitch to the FBI, the Alfa story made the press in October 2016 when Slate wrote an anonymous “benevolent posse of computer scientists spurred by a sense of shared idealism” had discovered data showing secret communications between Trump and Alfa. Even after the FBI had largely abandoned the investigation as fruitless, in October 2018 the New Yorker revived it, attributing the story to anonymous “self-appointed guardians of the Internet.” The source for the latter article was Joffe, who did not disclose he was working with Sussmann who was working with Fusion GPS who was working for Clinton. That no Alfa connection was ever found is irrelevant; the story Trump was with the Russians was headlines for months. Despite knowing it was not true as the ultimate source of the false info, Hillary herself pushed it.
There will be more. But what is clear even at this point is the Clinton campaign used textbook modern espionage techniques to build a wholly-false narrative about Trump and the Russians. They deployed this campaign against Trump the candidate and still got beaten. Clinton then kept it alive, in part with the FBI and Crossfire Hurricane as a proxy, even after Trump took office. Was that simple vengeance, or part of some even more elaborate campaign that would somehow end with Hillary in the Oval Office?
We also know the FBI was likely either in the conspiracy, or at best a willful idiot alongside it. Signs the dossier was garbage appeared instantly, and even the slightest investigative efforts by the FBI would have revealed how weak Steele’s sources and methods were, and that Steele was being paid by Clinton. Indeed, when the FBI found one crack, that Carter Page was an American CIA agent, they simply covered that up. The same with Sussmann and his DNS data; it would have been obvious White House DNS data could have only come from inside the White House, yet there are no signs the FBI questioned how Sussmann, supposedly a private citizen, came to possess it. And was the FBI really unable to determine Sussmann was paid by Clinton? It is chilling to remember FBI agents and illicit lovers Peter Strzok and Lisa Page exchanged texts saying “Page: ‘Trump’s not ever going to become president, right?’ Strzok: ‘No. No he’s not. We’ll stop it.’”
“The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one, that the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign,” said Kevin Brock, the FBI’s former intelligence chief. “And yet they knowingly ran with its false information.”
A sophisticated, multi-prong coordinated intelligence campaign was run with either the active or tacit support of the FBI. It suggests why Robert Mueller walked so close to the edge of indictment and backed off. If his indictments failed under court scrutiny, the person in charge of all this would have been exposed. Beyond Clinton and Trump, Mueller was protecting someone in his beloved FBI. This goes deep.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Requiem for the U.S. Department of State, Part I of II
Saying “Mike Pompeo” out loud feels odd, like mouthing the name of an old girlfriend, or shouting out your GMail password. It just feels wrong in your mouth, because what’s Mike or the State Department done lately? As the Trump administration wraps up its first term focused on domestic issues, it occurs the United States has passed almost four years without a foreign policy, and without the need for a Secretary of State or a department of diplomats behind him.
On his first anniversary in the job Pompeo told assembled diplomats “We needed everyone in their place, working on the mission, if we were going to achieve this mission on behalf of the president” but never actually said what that mission was. A Google query shows “Searches related to Mike Pompeo Achievements” include “mike pompeo weight – mike pompeo net worth.” One can easily imagine Pompeo, even pre-COVID, slipping out the side door at Foggy Bottom shouting “I’ll be working from home, check with my deputy if anything comes up” while his wife is waiting in the car for him, Ferris Bueller-style.We had high hopes for Mike. He and John Bolton (as National Security Advisor) were the Bad Boys who were supposed to start wars with Iran and North Korea, outdo Cheney and even challenge the legend himself, Henry “Bloody Hands” Kissinger. Pompeo watched as not much happened between the U.S. and North Korea. He watched as the ending of the Iran nuclear treaty caused not much to happen. John Bolton, who liberals expected to see on a throne in Tehran rolling a mullah’s bloody head around his lap, instead sits by the phone hoping a think tank will offer him an intern to listen to his stories, or maybe Dancing with the Stars will ring needing a last-minute. That show on Fox?
Prior to Pompeo, the Secretary of State was Rex Tillerson. Tillerson couldn’t even come up with an elevator speech of his accomplishments when asked, listing as he left office North Korean sanctions which achieved nothing, alongside his own mea culpas for failing to make progress in Afghanistan and Syria and Iraq, where with a straight face he noted there was “more to be done.” A bit hard to blame him, as Trump chose a policy of stasis, not wanting to withdraw the last trooper and forever be the man who lost Afghanistan. Imagine if the U.S. had followed similar political caution and still garrisoned Vietnam?
Commentators wrote Tillerson would be remembered as the worst secretary of state in history. Wrong. He made no significant blunders, gave away nothing. He just didn’t do much at all. His actual only real accomplishment was a humiliating apology tour of Africa meeting with leaders on the periphery of U.S. foreign affairs grouchy over the president calling their nations sh*tholes.
It would be easy to blame Trump, his open mic night style of making decisions, his decrees by Twitter, sucking all of the diplomatic air out of the room and suffocating up-and-coming diplomats like Mike and Rex before they even had a chance to try on their plumed hats. Unlike his predecessors, Trump never took advantage of his get-one-free foreign incursion along the lines of invading Grenada, occupying Lebanon, or an adventure in Somalia, never mind the big ticket items like Iraq Wars I-III. Sure, Trump did bomb Syria (who hasn’t?) and nipped at Iran, but the tumescence was over before the media could even declare the end of the world again.
One can imagine meetings with friendly foreign nations in the Age of Trump: “Anything new from your side? No, you? Nah, something on Twitter from POTUS about armageddon, misspelled. Say, Crimea still giving you trouble? A little, whatever, you watching Tiger King? Pretty funny. Quite.”
So turn the page backwards to John Kerry, Obama’s second term Secretary of State. Kerry imagined himself a Kennedy-esque man of action, Flashman at the ready, and had the State Department keep an online tally of how many miles he had traveled doing diplomatic stuff. The Nation called him “One of the Most Significant Secretaries of State in the Last 50 Years,” heady company when you realize the list includes Acheson, Dulles, Rusk, and Kissinger.
OK, but… Kerry’s signature accomplishment, the Iran Nuclear Agreement, faded quickly. As negotiated the thing was only for ten years anyway, and would be about half over even if Trump had not walked away. And that’s giving Kerry full marks for getting an agreement where the National Security Council did much of the heavy lifting, and one which the Iranians wanted badly enough to help their economy they were willing to trade away a lot of Wonka tickets. Kerry’s work with the TPP and Paris Agreement also showed good effort. We’ll put them up on the fridge next to the one song Ringo got onto each Beatles album. Kerry’s muscular efforts came to little substance (albeit through little fault of his own) but the legacy business is harsh.
After that, you have John Kerry helping muck up Syria. Kerry floundering in the Ukraine and Crimea. Kerry failing to move the ball forward in Iraq, Afghanistan, North Korea, Palestine, or blunting China as it assumed a pivotal role in Asia in every way except militarily (they’re working on it.)
That Nation article praising Kerry also cites as achievements “the military retaking of Mosul, the sponsorship of an Oceans Conference, the strengthening of the Gulf Cooperation Council…” all of which mean what in 2020? Kerry did sing Happy Birthday to Vladimir Putin at the APEC conference in the midst of a U.S. government shutdown. Kerry’s most significant achievement was leaving many Democratic voters secretly wondering whether the country dodged a bullet in 2004 when George W. Bush beat Kerry to take on a dismal second term.
But Hillary! Never mind “one of,” Google chair Eric Schmidt called her “the most significant Secretary of State since Dean Acheson” (suck it, Kerry.) Secretary of State was only the first half of the prize Hillary got for clearing the way for Obama in 2008 (Barack shooing Joe Biden aside for her in 2016 was the second) and Clinton made the most of it. For herself. Ignoring America’s real foreign policy needs (or was she being ignored?) she turned the State Department into an arm of her Foundation, projecting “soft power” on things like women’s issues and AIDS to match her eventual platform, all the while generating B-roll for the campaign like a chunky Angelina Jolie. She also had the Department obsessively document her constant travels, with formal photos of Secretary Clinton alongside world leaders as well as selfies of Hil letting her hair down among her own diplomats. “Texts from Hillary” predated Instagram. Not a pair of dry panties to be found over at the Council on Foreign Relations.
But in the tally of history, Hillary Clinton accomplished… not much. Time Magazine listed her key accomplishments as “the liberation of Libya, establishment of diplomatic ties with Burma and the assembly of a coalition against Iran.” In a summary piece, USA Today singled out “Clinton convinced Chinese leaders to free blind dissident Chen Guang Cheng,” who returned the favor by joining an American think tank opposing abortion and gay marriage.
From the horse’s mouth, quoting Hillary Herself, key accomplishments were “hosting town halls with global youth, raising awareness for religious minorities, protecting Internet freedom and advancing rights for women and the LGBT community around the world.” Not resume items as momentous as forever changing the Cold War balance of power by opening China like Henry Kissinger or assembling the first Gulf War coalition like James Baker. Meanwhile, the world owes Hillary for her significant contributions to the failed state of Libya and the subsequent refugee flow, the human misery of Syria, the missed chances of the Arab Spring, and failing to end other wars she helped start or voted for.
A generation before Hillary we have Colin Powell and Condi Rice, whose only accomplishments as Secretary were to march America into the desert and abandon her there (Colin) and march the State Department into the desert with the guaranteed-to-fail mission to create democracy in Iraq and Afghanistan and abandon her there (Condi.)
The good news is the U.S. is experiencing a peace of a sorts not by sweating out the sins of diplomacy, but just by not going around the world throwing matches into buckets of gasoline. Trump has made little use of his Secretaries of State and their Department. No recent president made much use of those diplomats either, so they are unlikely to be missed.
The next Secretary, whether working for Trump or Biden, will find themself in charge of a Cabinet agency is search of a mission. They may very well end up somewhere between the traditional ceremonial role of the Vice President, attending conferences and funerals, or perhaps simply overseeing a network of embassies to serve as America’s concierge abroad, arranging official visits for fact-finding Members of Congress, and hosting senior Washington policy makers in town to do the heavy lifting of international relations.
If the U.S. government had to downsize into a smaller capital, the State Department would likely end up on the curb, alongside those boxes of the kids’ elementary school drawings. Cute, sentimental, good times, but why did we keep them all these years?
How did this happen? In Part II of this article, we’ll look at the factors internal to State and the United States, and those external, global changes, that left the Department adrift.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
State Department Shoots Itself in the Foot at Impeachment Hearings
The State Department, where I worked 24 years as a Foreign Service Officer (FSO) and diplomat, reminds me a lot of my current hometown, New York City. Both places spend an inordinate amount of time telling outsiders how great they are while ignoring the obvious garbage piled up around them. It’s almost as if they’re trying to tell themselves more than others everything is OK.Like NYC convincing itself the Broadway lights mean you won’t notice the wicked homeless problem and decaying infrastructure, the State Department fully misunderstands how it really appears to others. Across Facebook groups and internal channels, FSOs this week are sending each other little messages tagged #FSProud quoting Ambassador Marie Yovanovitch’s the closing soliloquy from her impeachment testimony. Yovanovitch’s testimony otherwise read like the HR complaint from hell, as if she was auditioning for a Disgruntled Employee poster child position to cap off her career. She had already been fired by the time the alleged impeachable act took place — during Trump’s July 25 phone call — and was stuck in a placeholder job far removed from Ukrainian policy. She witnessed nothing of the “high crimes and misdemeanors” the House is investigating, and basically used her time to complain she knew more than her boss did so he fired her.
At the end of her testimony Yovanovitch unfurled a large metaphorical flag and wrapped herself and the entire Foreign Service in it. Her lines had nothing to do with Ukraine, and were boilerplate recruiting prose about how FSOs are non-partisan servants of the Constitution, how everyone lives in harm’s way, yada yada. She name checked diplomats from forty freaking years ago held hostage in Iran, and rolled in a couple of CIA contractors when tallying up the “State” death toll in Benghazi. She omitted the we-don’t-talk-about-that-one-death of FSO Anne Smedinghoff in Afghanistan, whose 25-year-old life was destroyed participating in a propaganda photo-op.
This is the false idol image the State Department holds dear of itself, and people inside the organization today proudly christened Ambassador Yovanovitch as its queen. Vanity Fair summed it up better than the long-winded FSOs bleating across social media: “A hero is born as Yovanovitch gives voice to widespread rage at State. ‘I think people are feeling huge pride in Masha,’ says a former ambassador.” Yovanovitch uses her Russian nickname, Masha, without media comment because of course she does.
And that’s the good part. Alongside Yovanovitch, bureaucrat-in-a-bow-tie George Kent issued pronouncements against Trump people he never met who ignored his tweedy advice. Ambassador Bill Taylor leaked hoarded text messages with Trump political appointees. Taylor’s deputy, David Holmes, appeared deus ex machina (Holmes had a photo of Yovanovitch as his Facebook page cover photo until recently!) to claim back in the summer he somehow overheard both sides of a phone conversation between Trump and political appointee ambassador Sondland. Holmes eavesdropped on a presidential call and dumped it in the Democrats’ lap and now he’s non-partisan #FSProud, too.
Interesting the major political events (scandals?) of the last few years have all criss-crossed the State Department: Clinton’s emails and Foundation shenanigans, the Steele Dossier and many things Russiagate, and now impeachment and Ukraine. And never mind two major Democratic presidential candidates-in-waiting, Clinton and Kerry, had a home there. That’s an awful lot of partisanship for an organization bragging about being non-partisan.
Gawd, I need to wash my hands. I am #FSProud that in my 24 years as a diplomat I never perjured myself, or claimed to or actually eavesdropped on someone else’s phone call, then spoon fed the info months later to my boss on TV to take down a president mid-campaign, all the while accepting cheers that I was non-partisan, and thinking my role as a snitch/boot licker was going to help people vision my organization as honorable.
FSOs see themselves as Marvel superheroes who will take down the Bad Orange Man. The organization flirted with the role before; a 2016 mid-election “dissent” was designed to force the winner into war in Syria. Then another “dissent” by State strayed close to insubordination opposing Trump’s so-called “Muslim Ban.” Everyone remembers the Department’s slow-walking the release of Hillary Clinton’s emails (after helping hide the existence of her private server for years.) The State Department turned a blind eye to Secretary Clinton’s nepotism hiring her campaign aides as State employees (remember Huma?), and use of America’s oldest cabinet position to create B-roll of herself helping women around the globe ahead of her soiled campaign. Hillary of course was handed the Secretary job itself by Barack Obama as a treat for dropping out of the race in 2008.
Maybe the State Department’s overt support for Candidate Clinton did not make clear enough what happens when the organization betrays itself to politics.
While FSOs are gleefully allowing themselves to be used today to impeach Trump, they fail to remember nobody likes a snitch. No matter which side you are on, in the end nobody will trust you, Democrat or Republican, after seeing what you really are. What White House staffer of any party will interact openly with his diplomats, knowing they are saving his texts and listening in on his calls, waiting? State thinks it is a pitbull waiting to bite on its master’s command when in fact it is an organization that has betrayed its golden nonpartisan glow and is out of control. Hey, in your high school, did anyone want to have the kids who lived to be hall monitors and teacher’s pet as their lunch buddies?
The real problems go much deeper, and are either the cause of or a reflection of the current state of things, or a little of both. A Government Accountability Office report showed more than one fourth of all Foreign Service positions were either unfilled or filled with below-grade employees. At the senior levels 36 percent of positions were vacant or filled with people of lower rank and experience pressed into service. At the crucial midranks, the number was 26 percent unfilled.
The thing is the report is from 2012, and showed similar results to one written in 2008. The State Department has danced with irrelevancy for a long time and its efforts to be The Resistance as a cure today feel more like desperation than heroism. State’s somnolent response, even during the legendary Clinton and Kerry years, to what should have been a crisis call (speculate on what the response might be to a report the military was understaffed by 36 percent) tells the tale. As the world changes, State still has roughly the same number of Portuguese speakers as it does Russian among its FSOs. No other Western country uses private citizens as ambassadors over career diplomats anywhere near the extent the United States does, doling out about a third of the posts as political patronage mainly because what they do doesn’t matter. The Secretary of State hands out lapel buttons reading “Swagger“; imagine a new Secretary of Defense doing the same and then being laughed out of office.
FSOs wade in the shallowest waters of the Deep State. Since the 1950s the heavy lifting of foreign policy, the stuff that ends up in history books, mostly moved into the White House and National Security Council. The increasing role of the military in America’s foreign relations further sidelined State. The regional sweep of the AFRICOM and CENTCOM generals, for example, paints State’s landlocked ambassadors weak.
State’s sad little attempt during the Bush years to stake out a new role in nation building failed in Iraq, failed in Afghanistan, and failed in Haiti. The organization’s Clinton-Kerry era joblet promoting democracy through social media was a flop. Trade policy has its own bureaucracy outside Foggy Bottom. What was left for State was reporting, its on-the-ground viewpoint that informs policy makers. Even there the intelligence community has eaten State’s sandwiches with the crusts cut off lunch — why hear what some FSO thinks the Prime Minister will do when the NSA can provide the White House with real time audio of him explaining it in bed to his mistress? The uber revelation from the 2010 Wikileaks dump of documents was most of State’s vaunted reporting is of little practical value. State struggled through the Chelsea Manning trial to convince someone actual harm was done to national security by the disclosures. Some nine years later there hasn’t even been a good book written from them.
That leaves for the understaffed Department of State pretty much only the role of concierge abroad, the one Ambassadors Taylor, Yovanovitch and their lickspittles Kent and Holmes complained about as their real point during the impeachment hearings. Read their testimony and you learn they had no contact with principals Trump, Giuliani, and Pompeo (which is why they were useless “witnesses,” they didn’t see anything first hand) and bleated about being cut out of the loop, left off calls, not being on the inside. They testified instead based on overheard calls and off screen voices. Taylor complained he had to contact the NSC, not State, to find out if policy had changed, and whined Pompeo ignored his reports.
Meanwhile, America’s VIPs need their hands held abroad, their motorcades organized, and their receptions handled, all tasks that fall squarely on the Department of State. That is what was really being said underneath it all at the impeachment hearings. It is old news, but it found a greedy audience as it was repurposed to take a whack at Trump. State thinks this is its moment to shine, but all that is happening is a light is being shined on the organization’s partisaness and pettiness in reaction to its own irrelevance.
Nice bow tie on George Kent though, shows he’s “with it.”
BONUS:
One of The Blob’s greatest accomplishments has been to convince a large number of Americans everything pre-Trump was normal and everything since is extraordinary. That sets up the idea that extraordinary means are needed to deal with unique threats, and that sets up throwing away the rules because when the Republic is at stake ends justify the means.No one here is claiming any virtue for Trump. He is a bad president. But he is not uniquely bad such that he is a threat to democracy, etc. That is a myth which is used to justify things that can become threats to the democracy.Dems want to impeach over… not much because not much is what they have. Ukraine really is not important. Most of us never heard the names outside of Foggy Bottom of the State Dept people now raised to heroic status. But if this process is normalized then it will come back again, against a president “you” do like.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Five Questions for Joe Biden
I was inadvertently left off the list of pundits encouraged to submit questions for the last Democratic debate; meh, my questions were all for Tulsi Gabbard anyway. But in the spirit of open inquiry, I put together some queries directed at the front runner, Joe Biden, anyway.Q: Joe, how’s the asthma?
Reason why I’m asking is you received five student draft deferments during the Vietnam War draft, the same number as Donald Trump and Dick Cheney, and in 1968, when your student status was wrapping up, you were medically reclassified as “not available” due to asthma as a teenager. In your autobiography, you described your active youth, you being a lifeguard and playing high school football and all. You also lied (note Biden lies are usually called gaffes) about being on the University of Delaware football team. Was all that hard with asthma? Were you diagnosed for asthma in 1968 by a podiatrist? Your vice presidential physicals mention multiple aneurysms. Asthma, no.
Let me read you a quote, Joe. “You have somebody who thinks it’s alright to have somebody go in his place into a deadly war and is willing to pretend to be disabled to do it. That is an assault on the honor of this country.” Pete Buttigieg said that about President Bonespurs. Senator Tammy Duckworth, who was wounded in Iraq, called Trump a “coward” over the draft. Do you agree with those quotes?
Q: Joe, can you explain your recent financial success?
In 2008 you earned $165,200 salary as a senator, supplemented with $20,500 as an adjunct professor at Widener University Law School. You got an advance of $112,500 for your book Promises to Keep. Your wife Jill taught at a community college while you were Vice President. You two reported a combined income of $396,000 in 2016, your last year in the Obama administration.
Then you and Jill made more than $15 million since leaving the Obama administration, mostly via a new book deal. In fact, you and your wife made nearly twice as much in 2017 than in the previous 19 years combined.
Now we know about inflation and everything, but you were given $10 million for your 2017 memoir, Promise Me, Dad, roughly ten times what your first book pulled in. Jill was paid more than $3 million for her book, Where the Light Enters in 2018, same publisher as you, Joe.
We all know how publishing works: The publisher, Flatiron, pays you, the author, an advance. Profits from book sales are subtracted from that advance. For a publisher to be successful, they need to sell more than they paid out for the advance, and because of this successful publishers like Flatiron get pretty good at estimating those numbers. Forbes reports your new book sold 300,000 copies against that $10 million, meaning you, Joe, took home about $33 per copy on a book Amazon is selling for only $13.99. Of course it is more complicated , but off the cuff do you feel you pocketing $33 on a $13.99 sale is a good deal for you?
And speaking of which, a friend passes along her respect. Hillary Clinton only earned around $5 million from her campaign book.
Your teaching pay went up nicely as well. You got $20,500 for teaching when you entered the White House. After you left the office, the University of Pennsylvania gave you $775,000 to teach, and then was nice enough to offer you indefinite leave of absence from actually teaching anything while you campaign. And you got signed for that gig only a month after leaving the White House. Side question: did you post your resume on Monster or Indeed.com?
What role do you think your being the likely nominee played in how much you were paid? It’s almost as if people are giving you free money to be your friend. Is there a definition of corruption which might encompass that?
Another friend sends his respect, too, Joe. He’s jealous almost no one talks about how you charge the Secret Service $2200 a month rent for a cottage on your property so they can protect you! He wants to ask if you jokingly call the cottage “Biden Tower.”
Q: The cost of higher education is a major 2020 campaign issue. How much have you contributed to raising the price? No, no, sorry, that’s not fair. Joe, can you name a speaker you think is worth $180,000?
The reason I ask is because Education Next calls you the “Higher Education Millionaire” based on the fees you and your wife collected from various schools. Those include Drew University $190,000, Lake Michigan College $182,679, Vanderbilt University $180,000, University of Buffalo $179,489, Southern Connecticut State University $124,515, Long Island University $100,000, Brown University $92,642, and Jill at Foothill-De Anza Community College District $66,400, Stanford University $37,853 and Loyola University of Chicago $36,000. Jill had some more speaking engagements and other gigs as well, for a total income of $560,000. There’s a full accounting here.
And hey, Joe, did you know your 30 minute speech at the University of Buffalo was partially funded by “voluntary” student government ticket purchases? Anyway, at a total cost to the school of $230,000, that works out to about $7,600 a minute for your time in Buffalo. By comparison, a high-class escort there runs, albeit at a one hour minimum, about $400 (link NSFW.)
Overall you are quite a talker, Joe. Since leaving office you made $1.8 million on book tour events and $2.4 million over 19 speaking engagements.
Actually you were paid a lot more for your speaking than those disclosed fees would have us believe. Your gassing at the University of Buffalo, for example, included $10,000 for travel expenses. Your speech at Southwestern Michigan in October 2018 included $50,000 in travel expenses. Do you order a lot of room service, or are you padding your speaking fees with exaggerated travel expenses that you do not have to claim as income for tax purposes?
Now we all remember Old Man Bernie chastising Candidate Clinton in 2016 for the large sums of money she received for private speaking engagements, what some called “Pay to Play” as powerful organizations, donors, and lobbyists paid jumbo fees to a candidate for a speech in lieu of simply bribing them directly by handing cash over in a paper bag. Can you explain how what you and Jill are doing is different?
Q: Joe, do you remember the tax loophole you and Obama tried to close, S Corporations? Since leaving office you and your wife laundered money through S Corps to save millions in taxes ordinary Americans have to pay. Why the change of heart, Joe?
In 2012 you said paying higher taxes on higher incomes was patriotic. You told us “We’re not supposed to have a system with one set of rules for the wealthy and one set of rules for everyone else.” Along those lines, you and Obama sought to end a well-known dodge, the use of S Corporations to avoid paying Social Security and Medicare taxes.
You remember, Joe: By creating a paper S Corporation, an individual receives money for things like book advances and speaking fees not directly, which would cause him to have to pay Social Security and Medicare taxes as with salaries, but laundered as divestitures from a corporation he owns. As corporate money, nasty personal taxes are fully avoided, and the corporation can claim nearly unlimited “business expenses” to be deducted against those profits, as well as benefit from other tax rules which favor companies over individual earners.
So Joe, it seems after trying to close that S-Corp loophole while in the White House you and Jill are now fans. In fact, your lucrative deals are funneled to you through two S-Corps, CelticCapri for Joe and Giacoppa for Jill. Your S-Corp is registered at 1201 North Orange in Wilmington, Delaware. That’s a popular block; right nearby is 1209 North Orange, the legal address of 285,000 separate businesses. Delaware, in fact, is ground zero for corporate tax shell companies; Michael Cohen had his there for Trump’s use as well.
Delaware has more (paper) corporate entities than people. Joe, you of course were one of Delaware’s senators for decades. So you knew how things worked when you established your his-and-her S-Corps only days after leaving the White House. As a corporate entity, S-Corps can also make political contributions. Joe, your own S-Corp did so, neatly donating money to your own political PAC, American Possibilities.
So Joe, the question is: is everything regarding your taxes a load of malarkey?
Q: Final question, because I know you’re getting tired. How do you intend to debate Trump when corruption, tax fudging, and skipping out on military service come up?
Are you just going to rely on the MSM not to ask about those things? Or are you going to go with Trump’s sleaze is worse than yours and you’re the lesser of two evils candidate because that worked out so well as a strategy in 2016?
Bonus Sixth Question! Joe, name a couple of substantive accomplishments for your eight years as Vice President.Cat got your tongue? The Obama White House official archives include some of these as your accomplishments, Joe. Ring any bells?
You led the Administration’s Skills Initiative to improve effectiveness of federal workforce training. Big one. You chaired the Middle-Class Task Force, which was “a guiding force in the Administration’s efforts to improve the livelihoods of middle-class families.” How’d that work out? You “unveiled” It’s On Us, a campaign to engage students and bystanders in preventing sexual assault. You also lead a national “Cancer Moonshot” to dramatically accelerate efforts to prevent, diagnose, and treat cancer. Any luck with that? You “engaged the leadership in both Japan and the Republic of Korea to improve relations among two of the United States’ closest allies.” That’s going well, right? Do you plan to feature any of these accomplishments in your debate presentation?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Mueller: End Game, Das Reckoning Gotterdammerung Fin Apocalypse
The short version? Mueller is done. His report unambiguously states there was no collusion or obstruction. He was allowed to follow every lead unfettered in an investigation of breathtaking depth.
It cannot be clearer. The report summary states “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 US Presidential Election… the report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public.”Robert Mueller did not charge any Americans with collusion, coordination or criminal conspiracy between the Trump campaign and Russia. The special counsel also considered whether members of the Trump campaign “coordinated,” a much lower standard defined as an “agreement, tacit or express,” with Russian election interference activities. They did not.
Everything – everything – else we have been told since the summer of 2016 falls, depending on your conscience and view of humanity, into the realm of lies, falsehoods, propaganda, exaggerations, political manipulation, stupid reporting, fake news, bad judgment, simple bull or in the best light, hasty conclusions.
As with Dorothy’s ruby slippers, the proof of no collusion has always been with us. There was a guilty plea from Michael Flynn, Trump’s national security adviser, on one count of perjury unrelated to Russiagate. Flynn lied about a legal meeting with the Russian ambassador. Rick Gates, deputy campaign manager, plead guilty to conspiracy and false statements unrelated to Russiagate. George Papadopoulos, a ZZZ-level adviser, plead guilty to making false statements about legal contact with Russians. Michael Cohen, Trump’s lawyer, plead guilty to lying to Congress about a legal Moscow real estate project. Paul Manafort, very briefly Trump’s campaign chair, plead guilty to conspiracy charges unrelated to Russiagate and which for the most part occurred before he even joined the campaign. Roger Stone, who never officially worked for Trump, awaits a trial that will happen long after Mueller turns the last lights off in his office.
Mueller did indict some Russia citizens for hacking, indictments which in no way tied them to anything Trump, and which will never see trial. Joseph Mifsud, the Russian professor who supposedly told Papadopoulos Moscow had “thousands of Hillary’s emails” was never charged. Carter Page, subject of FISA surveillance and a key actor in the Steele dossier, was also never charged with anything. After hours of testimony about that infamous June 2016 Trump Tower meeting to discuss Hillary’s email, and other meeting around the Moscow hotel, no one was indicted for perjury.
The short version of Russiagate? There was no Russiagate.
What Will Happen Next is already happening. Democrats are throwing up smoke demanding the full Mueller report be made public “rushing to judgment” on Mueller’s black and white conclusions. Speaker Pelosi announced whatever AG Barr would release as a summary of the Mueller report would not be enough even before he released the summary. One Dem on CNN warned they would need the FBI agents’ actual handwritten field notes.Adam Schiff said “Congress is going to need the underlying evidence because some of that evidence may go to the compromise of the president or people around him that poses a real threat to our national security.” Schiff believes his committee is likely to discover things missed by Mueller, whose report indicates his team interviewed about 500 witnesses, obtained more than 2,800 subpoenas and warrants, executed 500 search warrants, obtained 230 orders for communications records, and made 13 requests to foreign governments for evidence.
Mueller may still be called to testify in front of Congress, as nothing will ever be enough for #TheResistance cosplayers now in charge. Overnight, Mueller’s findings, made by Mueller the folk hero, the dogged Javert, the Marine on his last patrol suddenly aren’t worth puppy poo unless we can all look over his shoulder and line-by-line second guess him. Joy Reid for her part has already accused Mueller of covering up the crime of the century.
The New York Times headline “As Mueller Report Lands, Prosecutorial Focus Moves to New York” says the rest — we’re movin’ on! Whatever impeachment/indictment fantasies diehard Dem have left are being transferred from Mueller to the Southern District of New York. The SDNY’s powers, we are reminded with the tenacity of a bored child in the back seat, are outside of Trump’s control, the Wakanda of justice.
The new holy land is called Obstruction of Justice, though pressing a case Trump obstructed justice in a process that ultimately exonerated him will be a tough sell. In a sentence likely to fuel discussion for months, the Attorney General quotes Mueller “While this report does not conclude that the President committed a crime, it also does not exonerate him.”It sounds dramatic, but in fact means while taking no position on whether obstruction took place, Mueller concluded he did not find enough evidence to prosecute. Mueller in the report specifically turns any decision to pursue obstruction further over to the Attorney General; Attorney General Barr and Deputy Attorney General Rod Rosenstein meanwhile have already determined the evidence does not support prosecution of the president for obstruction of justice.
Mueller also specifically noted obstruction of justice requires proof of intent, and wrote since he found Trump, et al, did not conspire with Russia, there can be no intent to obstruct an investigation Trump knew could not lead to anything. The case is thus closed judicially (Mueller essentially telegraphed the defense strategy), though Democrats will likely Quixotically poke at pursuing it.
This is developing as a major talking point among those seeking to dilute how clear this is. So, in simple language:
— Mueller had to see if he had enough evidence to prosecute obstruction. He did not find sufficient evidence. The choices are sufficient to prosecute, sufficient to exonerate, or neither. He chose neither. That’s where his job ends. Insufficient to exonerate does not equal “guilty.”
— At that point any future decisions go to the AG and DAG. They have already said there is not enough evidence to prosecute, the exact same decision Mueller made. They confirmed Mueller saying there was not sufficient evidence to prosecute.
— Mueller then telegraphs the real point: Mueller found no collusion. Trump of course knew he did nothing wrong with Russia (dammit, that is proven now). So how can anyone show Trump intended to block an investigation he knew would find nothing wrong? You’re going to try and impeach him for supposedly trying to block an investigation he knew would find him innocent?
–Since no intent, there can be no prosecution. The rest does not matter.
— Ok, ok, even s l o w e r. Mueller makes clear the Trump campaign did not conspired, collude or coordinate with the Russians. It is impossible to show a corrupt motive to obstruct an investigation into a crime that did not occur.
— Also, grownups charged, appointed and/or elected are doing their jobs. The Constitution does not require concurrence from Twitter, or for you to shout “Release the report!” that those people have already read so you can look over their shoulder and come to a conclusion based on your undergraduate degree in Spanish. The report should of course be released for historians and scholars, but not simply to second guess its conclusions on social media like dumbasses.
That leaves corruption. Politico has already published a list of 25 “new” things to investigate about Trump, trying to restock the warehouse of broken impeachment dreams (secret: it’s filled with sealed indictments no one will ever see.) The pivot will be from treason to corruption; see the Cohen hearings as Exhibit One. Campaign finance minutia, real estate assessment questions, tax cheating from the 1980s, a failed Buffalo Bills purchase years ago… how much credibility will any of that now have with a public realizing it has been bamboozled on Russia?
Will Dems really try to make the case maybe sorta fudging a loan application to a German bank years ago based on differing interpretations of “goodwill and brand value” before running for office is an impeachable offense in 2019? That is what the Founders had in mind when they wrote the rules for driving an elected president out of office?
Then there’s the argument (which Mueller did not make) the investigation had to spare Trump because dang it, some nancyboy spoiled everything by saying a sitting president can’t be indicted. But one can’t conspire alone; even if Trump got a Get Out of Jail Free card, Mueller didn’t take down anyone around him. Same with all the perjury charges which weren’t filed over the Moscow Hotel or Stormy or any meeting(s) with Russians. If Mueller couldn’t indict Trump for the conspiracy so many insist still exists, why didn’t Mueller at least indict someone besides Trump for lying to cover it up?
At some point even the Congresswoman with the most Twitter followers is going to have to admit there is no there, there. By digging the hole they are standing in even deeper Dems will only make it more obvious to everyone but Sam Bee’s interns they have nothing. Expect to hear “this is not the end, it is only the end of the beginning” more often most people check their phones, even as it sounds more needy than encouraging, like an ex- who doesn’t get it is over checking in to see if you want to meet for coffee.
Someone at the DNC might also ask how this unabashed desire to see blood drawn from someone surnamed Trump will play out with potential 2020 purple voters. It is entirely possible voters are weary and would like to see somebody actually address immigration, healthcare, and economic inequality now that we’ve settled the Russian question.
That is what is and likely will happen. What should happen is a reckoning.Even as the story fell apart over time like a cardboard box in the rain, a large number of Americans, and nearly all of the MSM, still believed the president of the United States was a Russia intelligence asset, in Clinton’s own words, “Putin’s puppet.” How did that happen?
A mass media which bought the lies over non-existent weapons of mass destruction in Iraq and then promised “never again!” did it again. The New York Times, WaPo, CNN, MSNBC, et al, reported falsehoods to drive a partisan narrative. They gleefully created a serial killer’s emptywheel-like bulletin board covered blurry photos of everyone in Russiagate connected by strands of yarn.
Another generation of journalists soiled themselves. They elevated mongerers like Seth Abramson, Malcolm Nance, and Lawrence Tribe, who vomited nonsense all over Twitter each afternoon before appearing before millions on CNN. They institutionalized unsourced gossip as their ledes — how often were we told the walls were closing in? That it was Mueller time? How many times was the public put on red alert Trump/Sessions/Rosenstein/Whitaker/Barr was going to fire the special prosecutor? The mass media featured only stories which furthered the collusion tall tale and silenced those skeptical of the prevailing narrative, the core failure from the Iraq War.
The short version: There were no WMDs in Iraq. That was a lie, the media promoted it shamelessly while silencing skeptical voices. Mueller indicted zero Americans for working with Russia to influence the election. Russiagate was a lie, the media promoted it shamelessly while silencing skeptical voices.
Same for the politicians, alongside Hayden, Brennan, Clapper, and Comey, who told Americans the president they elected was a spy working against the United States. None of that was accidental or by mistake. It was a narrative they desperately wanted to be true so they could politically profit regardless of what it did to the nation. And today the whitewashing is already ongoing. Keep an eye out for Tweets containing the word “regardless” to trend.
And someone should contact the ghost of Consortium News’ Robert Parry, one of the earliest and most consistent skeptics of Russiagate, and tell him he was right all along. That might be the most justice we see out of all this.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
What Kavanaugh Tells Us about the Midterms
While Democrats refight the 2016 election, Republicans confirmed their second Supreme Court judge.
The soiled Kavanaugh confirmation process put Democratic strategy for the 2018 midterms in plain view. The question is will what hasn’t worked to date do any better for the Dems a month from now?
This week’s FBI investigation was never going to turn up much beyond incomplete recollections. Apart from liberal Twitter, all of whom are apparently trauma memory experts (last week they were scholars of perjury law), most people in Normal America have a hard time conjuring up long ago details. It is even harder to remember things that never happened. The FBI had done background investigations six times on Kavanaugh over a period of decades without uncovering any of what people said this week, so in reality, the investigation lasted 30 years. Democrats knew unless the FBI miraculously turned up a blue dress with semen stains on it, the facts by themselves were never going to be enough.
The investigation, like Trump’s taxes and Russiagate, was really just a way to turn a scar into a scab to pick at, enough of something to propel the story into another week. Then if no new smoking gun-let drops into the media’s lap, the script says claim the process itself was unfair – Putin stole the election, gerrymandering cheated the vote, the FBI wasn’t allowed to interview enough witnesses.
The real plan was always to force the confirmation into the mold Democrats think will win them the House, the same gambit they thought would deliver a landslide in 2016. And so Kavanaugh’s complex judicial record was discarded in favor of Clinton-esque, er, progressive, talking points: the election, um, sorry, the confirmation is all about respect for women, fighting misogyny, defeating privilege, too many White Men, Trump is evil, we can’t have an accused rapist in the White House, sorry, on the Supreme Court! Disqualification via demonization. The Kavanaugh hearings were an updated version of what was supposed to be the 2016 game-changer, the “pussy grabbing tape.” The Dems would give America another shot at having had it with the patriarchy.
It didn’t work. Despite endless bleating the hearings were a “job interview” (imagine the lawsuit after a Microsoft hiring manager pivoted from coding skills to accusing someone of being a drunk) the hashtags were not enough. Judicial temperament problems? The issue never came up in Kavanaugh’s long career. Even so, few courtroom situations turn a judge into a Senators’ punching bag; maybe a little righteous anger was called for? Some may even remember how Democratic voters abandoned presidential candidate Mike Dukakis when he was too dispassionate in his reaction to a question about someone assaulting his wife.
Things devolved too quickly from concern over Roe v. Wade to an attempt to catch Kavanaugh out on yearbook nomenclature. Dems convinced themselves it was conclusive when Maddow labeled Kavanaugh a liar over what “Devil’s Triangle” really meant in a suburban Maryland boy’s school in 1982. They imagined people would believe wrongly stating the drinking age in Maryland decades ago was perjury and not just a mistake. They thought people would care more if the pool of “victims” (i.e., anyone who saw Kavanaugh with a brewski) increased exponentially. Most everything serious was lost in a cloud of stupid.
It is a hard ask to get people concerned about health care as a life-or-death issue to take you seriously as a party when all you seem to care about is high school butt sex. Jester Michael Avenatti pushed things further into farce with an “accuser” whose credibility failed sitcom standards. Susan Collins specifically cited Avenatti’s actions as part of her decision to vote yes on Kavanaugh. Yet Democrats still see Avenatti as a useful idiot, a kamikaze working alongside them, without understanding he demeans the seriousness of everything he touches as a tabloid Midas.
It was little surprise the absurdity of it all was missed by the Dems. One Democratic strategist stated “identity politics has really become the ecology you’re operating in. Economics aren’t as dispositive as they used to be.” That makes sense only to a party banking its midterm strategy on voters not noticing the economy is doing pretty well. It follows pretending constant predictions of trade wars and real wars haven’t all turned out to be crying wolf. It starts to make sense America would go along with the idea a guy claiming he wasn’t a drunk in college means he’s a liar unfit to serve on the Supreme Court.
There were issues in Kavanaugh’s judicial history worth debating. Concern over Roe runs deep. But the Democrats spent little thought on that, failing to grasp while American demographics may be changing, they haven’t yet changed.
The only constituency re-energized over Kavanaugh is suburban liberal white women (accuser Ford could not have been more a Clintonite if Murphy Brown was reanimated out of the 1980s via a horcrux from Hillary herself), a group favoring the Democrats anyway. Apparently this group can also be counted on to ignore the likelihood a Democrat Senator outed Ford when she wanted to remain anonymous, and to overlook attempts to slut-shame high school girl Renate Schroeder on the grounds that if she was a pass-around then Kavanaugh was a non-virgin who screwed tramps like that. Same for the tsunami of criticism directed at Susan Collins, labeled a traitor to her gender to the point where people are donating money to her unknown opponent of the future. No one on CNN praised her as a courageous woman who made a thoughtful decision.
There seems little inside the Kavanaugh fight to specifically drive minorities, already understood as reluctant voters, to the polls. Millennial voters share a low historic turnout rate. If you can’t get a lot more than 1 out of 4 in a demographic to show up things are unlikely to work out (71% of Americans over 65 vote, skewing Republican, and the Kavanaugh saga could easily energize them into an even higher turnout). There seems little-to-no Democratic plan to shift these historical trends other than Trump rage, and the warm feelings of consensual hallucination embodied in social media aside, that failed again this week to affect a #RealWorld event.
“Purple” men moving to the Democrat side? One of the things which damaged the women’s movement in the 1980s and helped the Equal Rights Amendment (ERA; remember that?) to fail was an overemphasis on men as the enemy, a feature of the Kavanaugh process. Many women walked away from the feminist groups supporting the ERA, knowing the mantras “all men are rapists” and “Republicans hate women” just weren’t true.
This is what is happening now, when people who support Trump based on economics end up labeled fascists, people who support Kavanaugh based on his judicial history are rape apologists (or traitors), and people who support free speech are Nazis. Same as post-Parkland, when people who support the 2A were slandered as child killers. It’s deplorable. No one supports rapists or child killers. But few voters are willing to trust Democrats that see them as people who do.
The point of politics is to change people’s minds, not declare them unfit to walk among decent folk. Kavanaugh proved the Democrats (and their partnered media) are still unaware while this may be the year of #MeToo in Washington, New York, and Hollywood, it’s still just 2018 in West Virginia.
The Democrats failed in 2016 when they tried to make the election a referendum on Trump’s behavior. They failed again this week with the same strategy, even after elevating Kavanaugh to a psychopathic POTUS mini-me. With no tailwind from Russiagate, Democrats move toward November with little more than more of the same, throwing in some mumbled threats to impeach Kavanaugh off the Supreme Court (will that be before or after they impeach Trump?) if they take the House.
It’s bad enough to pick the wrong hill to die on. Even worse to do it three times.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
John Brennan is 2018’s Poster Boy
It is not a pretty face, but one scarred from an evil past, repackaged by the madness of “resistance.” Accusing Trump recklessly, implying he knows more than he lets on, leading the rubes down the path saying soon — soon! — Mueller’s redemption will be here.
John Brennan is the face of American politics in 2018.
Coming out of a hole as far into the Deep State as one can dwell while still having eyes that work in sunlight, Brennan burst above ground to become a Hero of the Resistance on CNN. But before all that, Brennan was Director of the Central Intelligence Agency. He was Obama’s first-term counter terror advisor, the guy who helped the president decide who to kill each week with drones, including American citizens. He spent 25 years at CIA, and helped shape the violent policies of the post-9/11 Bush era. Brennan was a fan of torture and extrajudicial killing to the point where a 2012 profile was titled “The Seven Deadly Sins of John Brennan.” Another writer called Brennan “the most lethal bureaucrat of all time, or at least since Henry Kissinger.” Today a New York Times puff piece on Brennan just shushes all that away as a “troubling inheritance.”So in a political world overcome with madness, it is John Brennan who helps lead the resistance. On Twitter this past week Brennan cartoonishly declaimed “Donald Trump’s press conference performance in Helsinki rises to and exceeds the threshold of ‘high crimes and misdemeanors.’ It was nothing short of treasonous. Not only were Trump’s comments imbecilic, he is wholly in the pocket of Putin.”
Because it is 2018, Brennan was never asked to explain exactly how a press conference exceeds the gray threshold of high crimes and misdemeanors the Constitution sets for impeachment of a president, nor was he ever asked to lay a few cards worth of evidence on the table showing just what Putin has on Trump. No, Brennan is a man of his times, all bluster and noise, knowing as long as he says what some significant part of the country apparently believes — the president of the United States is either willfully or via blackmail under the control of the Kremlin — he will never be challenged. So it is all maniacal calls for impeachment of a president insufficiently patriotic, wrapped with Brennan’s own unshakable belief in his own perfect righteousness.
In that way Brennan squats alongside Nancy Pelosi and Cory Booker, both of whom said Trump is controlled by Russia, columnists Charles Blow and Tom Friedman in the New York Times who called Trump a traitor, an article in New York Magazine (which is fast headed to becoming the Zapruder film of Russiagate) speculating Trump met Putin as his intelligence handler, former counter-terrorism coordinator Richard A. Clarke speculating Trump was meeting with Putin to receive his next set of orders, and another former intelligence officer warning “we’re on the cusp of losing the American constitutional republic forever.”Brennan’s bleating has the interesting side effect of directing attention away from who was watching the front door as the Russians walked in to cause what one MSNBC analyst called Pearl Harbor and Kristallnacht. During the 2016 election when the Russiagate stuff was taking place, Brennan was head of the CIA. His evil twin, James Clapper, who also coughs up Trump attacks for nickels these days, was Director of National Intelligence. James Comey headed the FBI, following Last Man in the Line of Resistance Robert Mueller into the job. The noise from that crowd is loud enough to drown out any questions about where these guys were when they had the chance, sorry, the duty, to stop the Russians, out Trump as the Manchurian Candidate, and save the Republic.
The de minimis excuse, “everybody believed Hillary would win” is a blatant example of collusion: things that now rise to treason, if not acts of war against the United States, didn’t matter then because Clinton’s victory would sweep it all under the rug. Brennan’s continued public role screams whatever the Russians did only were crimes because they contributed to Clinton’s loss. Thus only after Clinton lost did it become necessary to create a crisis that might yet be inflated big enough (it wasn’t just the Russians as originally thought, it was Trump working with them) to justify impeachment. Absent that, Brennan would have simply disappeared alongside former CIA Directors into academia, or the lucrative consulting business. Brennan is now a public figure with a big mouth because he has to be. That mouth has to cover his ass.
Brennan’s all-impeachment, all-the-time barking is the latest chapter in a straight line of whole-of-government effort to overturn the election. Remember how recounts were called for amid (fake) allegations of vote tampering? Constitutional scholars proposed various Hail Mary Electoral College scenarios to unseat Trump. Lawsuits were filed claiming the hereto-largely unheard of Emoluments Clause made it illegal for Trump to even assume office. The media repurposed itself to the goal of impeaching the president. On cue, leaks begin pouring out implying the Trump campaign worked with the Russian government. It is now a rare day when the top stories are not apocalyptic, all unsourced, rocketed from Rawstory to HuffPo to the New York Times in the morning, the other way around for the scoop-of-the-day in the afternoon. Brennan fans the media’s flames as they do his, with a knowing wink saying “You wait and see. Soon it will be Mueller time.”But despite all the hard evidence of treason only Brennan and his harpy journalists seem to see, everyone is content to have a colluding Russian agent running the United States for a year and half. You’d think it’d be urgent close this case. Instead, Brennan heads an industry created to admonish us to wait out an investigative process underway through two administrations. And yet if Trump has really been a Russian asset since his 1987 trip to Moscow as many insist, why haven’t the FBI, CIA, IRS, Treasury or the NSA cottoned to that in the intervening years and now instead we’re waiting on Mueller in Year Two to prove it? At some point you might think people like Brennan would have to account for why no one has found what they insist is there. The IRS, for example, has watched Trump for decades (they’ve seen the tax docs even if Wolf Blitzer hasn’t), as have Democratic and Republican opposition researchers, the New Jersey Gaming Commission, and various New York City real estate commissions. Multiple KGB/RSS agents and others have defected, or report to us. The whole Soviet Union collapsed since some claim Trump became a Russian asset.
If Trump is under Russian influence, he is most dangerous man in American history. Under such conditions, you’d think Brennan, et al, would show some alacrity outside Twitter and the Sunday talk shows. So why isn’t Washington on fire? Why hasn’t Mueller indicted someone for treason? If this is Pearl Harbor, why is the investigation moving at the pace of a mortgage application? Why is everyone allowing a Russian asset placed in charge of the American nuclear arsenal to stay in power even one more minute?You’d think Brennan would be saying it is now time to set aside chasing indictments of Russian military officers that will never see the inside of a courtroom, to stop wasting months on decades-old financial crimes unconnected to the Trump campaign, and quit delaying the real stuff over a clumsy series of perjury cases. “Patriots: Where are you???” Brennan asked in a recent tweet. If Brennan himself is a patriot, why doesn’t he leak the details, and save America?
Because there is one step darker that some seem ready to consider. Reuters writes “Trump is haunted by the fear that a cabal of national-security officers is conspiring in secret to overthrow him… Trump has made real enemies in the realm of American national security. He has struck blows against their empire. One way or another, the empire will strike back.” James Clapper is confirming New York Times reports Trump was shown evidence of Putin’s election attacks and did nothing, even denying them. In response to Helsinki, Tennessee Congressman Steve Cohen asked “Where are our military folks ? The Commander in Chief is in the hands of our enemy!”
Treason, traitor, coup, the empire striking back. Those are just words, right? The simpler answer is probably the correct one. Maybe that is, the lessons of Whitewater and Benghazi learned, the point is a perpetual investigation, tickled to life when needed politically and then allowed to fall back to sleep between outrage sessions. Because maybe deep inside, Brennan (Clapper, Hayden, Comey, et al) really does know, knows this is all like flying saucers and cell phone cameras. At some point the whole alien conspiracy meme fell apart, because somehow when everyone had a camera with them 24/7/365, there were no more sightings and we all had to sorta admit our fears had gotten the best of us, that the threat was inside us all along.
BONUS: This question on today’s test is an essay worth 100 points: Explain how Christopher Steele paid by the Democrats to knowingly seek a pee tape made by Russian intel as blackmail, differs from someone seeking DNC emails exposing corruption from an anon source who might be Russian intel. For extra credit, list all the ways both American presidential parties appear to have sought blackmail info from the Russians.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Was It All Just Pilot Error? IG Report Says No Political Bias Found in FBI Investigation of Clinton Email
What everyone will agree on: Comey and the FBI interfered with the election. What everyone will not agree on: Everything else.
It will be easy to miss the most important point amid the partisan bleating over what the Department of Justice Office of Inspector General report on the FBI’s Clinton email investigation really means. While each side will find the evidence they want to find that the FBI, with James Comey as Director, helped/hurt Hillary Clinton’s and/or maybe Donald Trump’s campaign, the real takeaway is this: the FBI influenced the election of a president.
In January 2017 the Inspector General (IG) for the Department of Justice, Michael Horowitz (who previously worked on the 2012 study of the Obama-era gun operation Fast and Furious), opened his probe into the FBI’s Clinton email investigation, including statements by Comey made about that investigation at critical moments in the presidential campaign. Horowitz’s focus was always to be on how the FBI did its work, not to re-litigate the case against Clinton. Nor did the IG plan to look into anything Russiagate.
In a damning passage, the 568 page report found it “extraordinary and insubordinate for Comey to conceal his intentions from his superiors… for the admitted purpose of preventing them from telling him not to make the statement, and to instruct his subordinates in the FBI to do the same… by departing so clearly and dramatically from FBI and department norms, the decisions negatively impacted the perception of the FBI and the department as fair administrators of justice.” Comey’s drafting of a press release announcing no prosecution for Clinton, written before the full investigation was even completed, is given a light touch though in the report, along the lines of roughly preparing for the conclusion based on early indications. We also learned Comey ironically used private email for government business.
Attorney General Loretta Lynch herself is criticized for not being more sensitive to public perceptions when she agreed to meet privately with Bill Clinton aboard an airplane as the FBI investigation into Hillary unfolded. “Lynch’s failure to recognize the appearance problem… and to take action to cut the visit short was an error in judgment.” Her statements later about her decision not to recuse further “created public confusion and didn’t adequately address the situation.”
The report also criticizes in depth FBI agents Peter Strzok and Lisa Page, who exchanged texts disparaging Trump, and then moved from the Clinton email to the Russiagate investigations. Those texts “brought discredit” to the FBI and sowed public doubt about the investigation, including one exchange that read “Lisa Page: “[Trump’s] not ever going to become president, right? Rights?! Peter Strzok: “No. No he’s not. We’ll stop it.” Another Strzok document stated “we know foreign actors obtained access” to some Clinton emails, including at least one secret message.”
Page and Strzok also discussed cutting back the number of investigators present for Clinton’s in-person interview in light of the fact she might soon be president, their new boss. Someone identified only as Agent One went on to refer to Clinton as “the President” and in a message told a friend “I’m with her.” The FBI also allowed Clinton’s lawyers to attend the interview, even though they were also considered witnesses to a potential set of crimes committed by Clinton.
Page and Strzok were among five FBI officials the report found expressed hostility toward Trump before his election as president, and who have been referred to the FBI’s internal disciple system for possible action. The report otherwise makes only wishy-washy recommendations, things like “adopting a policy addressing the appropriateness of Department employees discussing the conduct of uncharged individuals in public statements.”
Attorney General Jeff Sessions indicated he will review the report for possible prosecutions. The IG previously referred former FBI Deputy Director Andrew McCabe for possible prosecution after an earlier report found McCabe leaked to the press and later “lacked candor” when speaking to Comey and federal investigators. Sessions fired McCabe him in March 2018.
But at the end of it all, the details really don’t matter, because the report found no political bias, no purposeful efforts or strategy to sway the election. In aviation disaster terms, it was all pilot error. An accident of sorts, as opposed to the pilot boarding drunk, but the plane crashed and killed 300 people anyway.
The report is already being welcomed by Democrats — who feel Comey had shattered Clinton’s chances of winning the election by reopening the email probe just days before the election — and by Republicans, who feel Comey let Clinton off easy. Many are now celebrating it was only gross incompetence, unethical behavior, serial bad judgment, and insubordination that led the FBI to help determine the election. No Constitutional crisis. A lot of details in those 568 pages to yet fully parse, but at first glance there is not much worthy of prosecution (though IG Horowitz will testify in front of Congress on Monday and may reveal more information.) Each side will point to the IG’s conclusion of “no bias” to shut down calls for this or that in a tsunami of blaming each other. In that sense, the IG just poured a can of jet fuel onto the fires of the 2016 election and walked away to watch it burn.
One concrete outcome, however, is to weaken a line of prosecution Special Counsel Robert Mueller may be pursuing. To say Comey acted incompetently during the election, albeit in ways that appear to have helped Trump, does not add to the argument he is otherwise competent, on Russia or any other topic. An FBI director willing to play in politics with an investigation is simply that, an FBI director who has abandoned the core principles of his job and can’t be trusted. Defend him because it was all good natured bad judgment doesn’t add anything healthy to the question of competency.
Mueller has just seen a key witness degraded — any defense lawyer will characterize his testimony as tainted now — and a possible example of obstruction weakened. As justification for firing Comey, the White House initially pointed to an earlier Justice Department memo criticizing Comey for many of the same actions now highlighted by the IG (adding later concerns about the handling of Russiagate.) The report thus underscores one of the stated reasons for Comey’s dismissal. Firing someone for incompetence isn’t obstructing justice; it’s the boss’ job.
It will be too easy, however, to miss the most important conclusion of the report: there is no longer a way to claim America’s internal intelligence agency, the FBI, did not play a role in the 2016 election. There is only to argue which side they favored and whether they meddled via clumsiness, as a coordinated action, or as a chaotic cluster of competing pro- and anti- Clinton/Trump factions inside the Bureau. And that’s the tally before anyone brings up the FBI’s use of a human informant inside the Trump campaign, the FBI’s use of both FISA warrants and pseudo-legal warrantless surveillance against key members of the Trump team, the FBI’s use of opposition research from the Steele Dossier, and so on.
The only good news is the Deep State seems less competent than we originally feared. But even if one fully accepts the IG report’s conclusion all this — and there’s a lot — was not intentional, at a minimum it makes clear to those watching ahead of 2020 what tools are available and the impact they can have. While we continue to look for the bad guy abroad, we have already met the enemy and he is us.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
R.I.P. Rex Tillerson
For those who decried Rex Tillerson’s 14 month tenure as Secretary of State, those who wanted a more aggressive advocate in foreign affairs, those who wanted more of the empty slots filled at Foggy Bottom, be careful what you wish for. Because you now have Mike Pompeo.
Rex Tillerson will not, as some claim, be remembered as the worst Secretary of State in history. He made no significant blunders or gaffes, gave away nothing to the determinant of the United States. He just didn’t do much at all.
Understanding Tillerson’s place in history requires understanding the State Department is an agency without primary agency. Under Cold War administrations it focused on arms control. During the Bush and early Obama years, State was sent off to rebuild Iraq and Afghanistan. Hillary Clinton switched the organization over to “soft power” programs. John Kerry started on Syria as a signature aim but ended up focused singularly on the Iran nuclear deal. Tillerson never articulated any goals for his organization beyond some verbiage about structural reform that will never again see daylight. Tillerson will more accurately be remembered not as the worst of secretaries, but as the most pointless.
Tillerson never understood the traditional way of engaging State’s bureaucracy is for a new secretary to fill key positions with political appointees, who will task the rank and file below them. Tillerson left too many slots vacant too long, and found himself without allies inside Foggy Bottom as his relationship with Trump failed to gel. Left on their own, his diplomats found ways to make trouble for him, including leaking dissent memos on the administration’s approach to child soldiers and Trump’s executive orders banning travelers from some Muslim countries. Alongside all that, the media offered Tillerson no rest, proclaiming in near-apocalyptic terms the end of diplomacy, the dismantling of the State Department, and announcing with dulled regularity the loss of U.S. standing in the world.
It’s kind of amazing in a way Tillerson lasted as long as he did, though the end was the kind of inglorious mess all too common now in Washington. Tillerson was caught flat-footed with the announcement of an impending summit with North Korea, and his clumsy attempt to sound relevant commenting only handed the media another chance to claim chaos in the administration. Tillerson made his remarks in the midst of a humiliating apology tour of Africa, where he was tasked to be the punching bag for leaders on the periphery of U.S. foreign policy angry over the president calling their nations sh*tholes.
Tillerson, his Africa trip caught short denying him even the chance to lay a wreath at the memorial to victims of the 1998 U.S. embassy bombings in Nairobi and Dar es Salaam, took a final shot at Trump on his way out the door, getting ahead of the more neutral White House statement by saying the nerve agent used to poison a Russian spy and his daughter in the UK “clearly came from Russia” and the episode “certainly will trigger a response.”
Good times.
But as the old saying warns, be careful what you wish for. Mike Pompeo as Secretary of State will be no Rex Tillerson.Pompeo is a West point grad, a Tea Party pro-war conservative, a three-time Congressman from Kansas elected to the House of Representatives in 2010 with the support of Charles and David Koch. He is remembered for grilling of Hillary Clinton over Benghazi. As a member of the House intelligence committee, he supported the NSA’s bulk data collection program and opposed shutting Guantanamo. He defended the CIA alongside the Senate torture report, declaring “These men and women are not torturers, they are patriots.”
Among Pompeo’s most significant foreign policy stances is his long-standing opposition to the 2015 agreement among the U.S., Iran, and European and Asian powers that lifted economic sanctions in exchange for Tehran accepting curbs on its nuclear program. “I look forward to rolling back this disastrous deal with the world’s largest state sponsor of terrorism,” Pompeo said during his CIA confirmation process. As head of the Department of State, which sees as one of its few Obama-era legacy successes that nuclear agreement, Pompeo will encounter diplomats who were displeased by the bland Tillerson repelled by him. Anybody expecting the rehabilitation of the State Department is in for a long wait. A toxic relationship with the rank and file? You ain’t seen nothing yet.
But what his diplomats think of him may not matter to Pompeo. Unlike Tillerson, who as a stranger to Washington failed to understand the need to seed the bureaucracy with allies, Pompeo is likely to move quickly to insert people who mirror his ideological stances into the State Department. His ties with conservative organizations suggest he’ll have a pool of like-minded people to draw from, and his close relationship with Trump implies he won’t run into the resistance Tillerson often did in getting his choices blessed.
While decisions on the Iran nuclear agreement hover in the near distance, Pompeo will find the impending summit among Trump, Kim Jong-un and South Korean president Moon Jae-in as item number one on his to-do list. Absent a bit of obligatory institutional defense of the CIA’s work on Russia, Pompeo has made a point of locking his public statements in line with Trump’s. Pompeo’s most recent comments on North Korea emphasize this: “We’ve gotten more than any previous administration — an agreement to not continue testing nuclear weapons and their missile program, the things that would put them capable of getting across the threshold… at the same time [Kim] has agreed to have a conversation about denuclearization.”
Pompeo will however need to walk back earlier remarks hinting at regime change in North Korea. Security is Kim Jong-un’s primary goal for negotiations with the U.S., and a guarantee of his own position will be non-negotiable. Trump can expect no progress on denuclearization without deflecting Pompeo’s July 2017 statement the North Korean people “would love to see” Kim removed from power, and that he remained hopeful the U.S. would figure out a way to make that happen.
But those are details. We already know what kind of Secretary of State Mike Pompeo will be. Given his firm stances on issues such as the Iranian nuclear deal, informed by a staunch political philosophy formed out of his Tea Party days, and backed up by his Washington experience and closeness to Trump, it is very unlikely Pompeo will be an inconsequential secretary in the Tillerson mold.The new worry is someone in a position that often served previous presidents by presenting dissenting opinions being filled by a man who will in lock-step amplify and support Trump’s own views. Don’t forget it was Pompeo who made the Sunday show rounds to defend the president’s response to the white nationalist rally in Charlottesville last August, even as other administration officials stayed silent. Critics who focused on a perceived lack of consistency in foreign policy hurting America’s global credibility will need to prepare for a policy machine that fully mirrors the intent of Donald Trump.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Media and the Myths of Trump
Donald Trump’s victory was so loathsome to journalists that instead of acknowledging their cultural and partisan blindness lead to them misreport the election, they doubled down, growing two overlapping myths to delegitimize the presidency they never wanted to happen.The two myths are Trump did not really win the election, and that once in office Trump is so unfit to serve that he is a danger to the nation and must be removed as a people’s act of literal self-defense. Psychiatrists call this denial; political scientists may call it a kill shot to democracy.
The myth Trump did not actually win exploded outward like the Big Bang from November 8, 2016. There were the Jill Stein recounts, and false claims of voter fraud, gerrymandering, and racist voter suppression that lead to an “unfair” win. This all morphed into what stands as one of the most ignorant themes ever expressed in American politics, that because Clinton “won” the popular vote she was somehow entitled to the Oval Office. Reporting on all this came close to claiming the Constitution itself conspired against Hillary. “We’re in uncharted waters,” proclaimed CNN’s Anderson Cooper; the network also featured an ex-CIA officer calling for a new election, what in CIA-speak is better known as an overthrow.
Instead of dismissing such unconsitutional nonsense, the media featured elaborate justifications, and coined the term “Hamilton Electors” to tie the quixotic effort to one of the few Founding Fathers voters knew via song. An online petition to declare Clinton president that in normal times would have been seen as a crank call was instead promoted into gaining the largest response in Change.org history. Editorials called for the Electoral College vote to be unconstitutionally postponed. Once-cogent pundits like Lawrence Tribe and Robert Reich were handed mainstream platforms to morph themselves into human cottage industries proclaiming the impeach-ability of various Tweets and statements.
Even today, the New York Times’ White House correspondent beats the fan fiction drum for the importance of the popular vote. Her paper continues to focus on the urgent need to do away with the Electoral College after 220 years, the system that put Obama and Clinton and Carter into office, before the next time Trump runs. In what under normal times would be dismissed as a conspiracy theory, Huffington Post features interviews saying the election may not be “legitimate,” over a year later.The efforts to somehow keep Trump from office continued right up to the swearing in ceremony, itself boycotted by Democrats who did not want to “normalize” the election.
It was at that point the second myth came to the fore: Trump was unfit to serve. The uber-disqualification is that Trump is literally a Russian agent (“Is Donald Trump Working for Russia?” asked New York magazine, in a headline that would have made reporters blush during the McCarthy Red Scares), directly under the control of the Kremlin, who holds power over him via some sort of pornographic pee tape no one has seen, or sweetheart real estate loans no one has seen, or in return for buying Trump the election demonstrated by evidence no one has seen.
Alongside the “Trump is a Russian agent” disqualifier are a handful of memes never before seen in American politics. Trump’s hotels make his presidency illegal under the Emoluments Clause, a Constitutional snippet that generally escaped notice for 220 years (that Obama might get a $60 million book advance to write about things he did in office but only paid out, alongside six figure speaking engagements, after he left office, or that foreign governments donated to the Clinton Foundation while Hillary was Secretary of State, are not discussed.) Trump’s tax returns, available to the IRS for decades, are a media strawman; only if the people of Twitter examine those old 1040s can democracy be saved, IRS auditors and their technical knowledge be damned. Maxine Waters, a Member of Congress, said Trump should be impeached because he is boorish and crude.
Waters’ statements and other similar, albeit slightly more coherent ones, are addendums to the myth, the idea that Trump is on borrowed time. The media fans the flames of Mueller, expecting the smoking gun that has so far eluded the CIA, NSA, FBI, IRS, and NYT to emerge any day. The 25th Amendment, created after the Kennedy assassination to codify the line of succession should the president become incapacitated, has been crowd-sourced into some sort of psychological failsafe mechanism whereby the Vice President, et al, will wake up one morning, realize the Washington Post has been right all along, and force Trump out of office.
Ensuring that Trump is to appear as unqualified, the media focuses on “evidence” of that. Looking at his trip to Asia, the main story out of the Japan leg was some silliness over Trump overfeeding fish, not what was discussed with the Japanese regarding North Korea. CBS News’ White House Correspondent purposefully pulled a quote about Japanese auto manufacturing out of context to make Trump appear uninformed, whereas the full statement paints the opposite picture. From China, the theme was Trump was “rolled,” cajoled into, well, something, via a VIP visit to the Forbidden City. The main point of the APEC meeting in the Philippines? A silly photo. His speech in Korea, focusing on the problems with the North, was largely reported based on a irrelevant cherry-picked sentence about a Trump golf course. Back at home, the New York Times headlined Trump taking an awkward drink of water.
Running alongside such spot reporting is a steady stream of anonymous source-based predictions war is imminent in Iran or North Korea, and that DeVos, Mueller, Sessions, Kushner, Tillerson, Mattis, and Kelly will be fired or resign. That such things haven’t happened in a year is irrelevant; the media says without evidence they still might. A silly Trump tweet criticizing a reporter becomes “evidence” the President has abandoned the First Amendment. Journalists, who as a group once took pride in their objectivity, now openly proclaim their “not Trump” political allegiance.
Routine tussles of government, the stuff of our system, are overstated to a rube-like public such that courts doing what they are supposed to do, ruling on the President’s immigration orders, are inflated into “constitutional crisis.” It’s not a crisis if the system functions as it was created to do.
Journalistic standards of evidence, typically requiring multiple sources and/or on-the-record witnesses, are replaced by the egregious use of anonymous sources that are little more than gossip from interns. Watch the mushroom-level growth of headlines with colons, such as Revealed:, Sources: or Reported: and passive constructions such as “I’m told…” that get around the fact that the story is not really based on facts.
Reporters compete with one another to show how aghast they are at the “latest.” Newsweek is gleeful at the possibility Trump won’t finish his term. CNN talks of deposing the president. Politico runs an innuendo-heavy but fact-free piece claiming the KGB, seeing into the future, compromised Trump in 1987.
The sum of such snarky, non-substantive reporting is clear: America is on the lip of chaos, Trump is not leading America, he is accomplishing nothing of substance, he is unfit.
But the most unprecedented element of myth is the steady stream of reporting the President of the United States is so mentally ill that his continued presence in the White House is a suicide plan for America. Never before have mainstream media so freely and casually declared the President to be medically, legally, insane, and all based on little but fear and a few Tweets. The media has normalized this into common knowledge; as an example, an article pitch I made to a global media outlet explaining why war was not imminent in Korea was rejected because I could not “prove” Trump was not insane (The American Conservative bravely published my story.)
The myth is buttressed by medically unethical remote diagnosis, such as that of Dr. John Gartner, former assistant professor of psychiatry at Johns Hopkins University Medical School. “I don’t think people have any idea how close we are the point of no return,” Gartner said. “I think that there is an 80% chance he’s going to push that nuclear button. Why? Number one, Trump is a malignant narcissist. As far as I know, I cannot recall a single malignant narcissist in history who did not start a major war.” Gartner concludes “the noose is tightening around their necks and unlike Richard Nixon, Trump and his cabal are not going to leave gracefully. Donald Trump is going to be really like Bonnie and Clyde; he’s going to shoot his way out.”
Though the nation’s nuclear command and control procedures have for better or worse been left relatively unchanged since the Truman administration, it is only now, under the guise that Trump is insane, that the media and some Members of Congress are promoting the idea that change is needed. Media outlets champion the idea the military could refuse to launch missiles, advocating insubordination, essentially a coup, as the best hope our nation will survive. Such paranoia exceeds the worst of Cold War fears.
Along the way the myths have created their own new normals; it is now perfectly acceptable to call out the President with schoolyard-taunts: Trump has small hands, a joke about Cheeto Jesus, the orange man-child, homophobic jokes about Putin and bromance, that sort of thing. Writers like Charles Blow in the New York Times build whole columns out of lists (“ignorant… churlish… tacky”) of personal insults.
For the first time in our nation’s history powerful mainstream forces are trying to change the results of an election. Shocked by Trump’s victory, many in the media wanted to stop him from entering the White House. Failing that, they delegitimize the president in the manufactured-from-thin-air belief that he is such a threat that it is necessary to destroy democracy in America to save it.
At some point Trump will leave office. CNN and others would be expected to return to their originally scheduled programming at that time. The problem is once you let the genie of trying to overturn an election loose, you won’t be able to stop it. It’s foolish to think this process won’t be used again in 2020, or 2024. The clumsiness of the Obama birth certificate conspiracy to delegitimize a president is nothing compared to the approach being tried with Trump. People are getting more skillful at the game, learning more about the tools available. A new political weapon has been unsheathed. America is playing with fire.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Russians Only Mattered Because Hillary Lost
I’m going to ask you to try a thought experiment.
Shut off the part of your mind that thinks Trump is bad (or good) and focus instead on the process in America that brought us to the present state of affairs. Because what unfolded in America is bigger than Trump, and will survive Trump to influence the next presidential election, and the one after that, and…
Elections in America, 2016
Here’s what an election looked like in America.
— Bill Clinton met with then-Attorney General Loretta Lynch on June 27, 2016. Days later, on July 5, Lynch’s subordinate, FBI Director James Comey, announced candidate Hillary Clinton was not under investigation for security violations relating to her personal email server, extraordinary financial contributions by foreign governments to the Clinton Foundation many saw as quid pro quo, or anything else. Clinton is then nominated, with the last barrier to her move into the White House, the possibility of indictment, removed on schedule. Timing and coincidence are everything it seems.
— According to the Washington Post, in late summer 2016 the CIA presented Obama with evidence that Russia, on Putin’s personal orders, was trying to influence the U.S. election. The accusations were the country obtained emails showing the Democratic National Committee (DNC) heavily favored Clinton over Sanders. The Russians also used social media to push a number of stories about Clinton that were false/exaggerated/true but negative.
— According to the Post, so as not to appear to be supporting Trump, who at this same time was publicly stating the election was rigged against him, Obama did nothing regarding the Russian activities beyond allegedly telling Putin to stop doing them. This was largely predicated on the certainty that Clinton was going to win in November.
— The DNC refused DHS/FBI cyber security assistance. The DNC did not allow DHS/FBI to physically inspect its computer hardware.
The state of things as of late summer-early autumn 2016 was that Russia activities were just not that big of a deal. Clinton seemed comfortably headed to the White House. If this was a crisis, nobody acted like it.
Clinton Lost
The Russians’ activities at the worst consisted of those DNC emails and social media. The DNC emails’ primary content seemed to be confirmation that the organization favored Clinton over Sanders, not exactly news to Sanders’ supporters.
Social media, the other side to Russia’s efforts, is confirmational; it tends to reach people who already believe what they are reading. Much of the Russian influence on the election was ascribed to RT.com, the Russian cable television channel. RT has very limited viewership among American households and arguably limited credibility among American voters. Quick now — what channel is RT on your cable box?
The November election approached. Obama took no significant action. Democrats didn’t balk until November 1, almost a month after the information became publicly known, and only as polls started to show Trump pulling ahead. Hillary lost.
A Whole-of-Government Effort
A whole-of-government effort nearly immediately unfolded to overturn the election.
Recounts were called for amid allegations of vote tampering. Constitutional scholars proposed various Electoral College wishful-thinking scenarios to unseat Trump. Lawsuits were filed claiming the hereto-largely unheard of Emoluments Clause made it illegal for Trump to even assume office. Leaks begin pouring out, focused on information sourced from signals intercept material available only to limited persons inside the intelligence community (IC), implying the Trump campaign worked with the Russian government.
(Here’s more on the IC, Russia, and Trump.)
Serious people in the United States government claimed outright the person elected president was a Russian agent, placed in the White House to follow instructions from Moscow. His very presence in the Oval Office was a treasonous act.
The American mainstream media reset itself to the goal of enabling the impeachment of the president, spinning up the process even before Trump took the oath of office. It is now a rare day when the top stories are not bombastic accusations, based on a whole litany of anonymous sources, so-called reports, according to people familiar withs, government officials who have seen the documents, and so forth. No bit of gossip is too small, no accusation too grand, and it is all presented unsourced, rocketed from Rawstory to HuffPo to the New York Times in the morning, the other way around for the scoop-of-the-day in the afternoon.
What was largely ignored by the White House in the summer of 2016 on the assumption Clinton would win became in the autumn after she lost, in the words of the Washington Post, “in political terms, Russia’s interference was the crime of the century, an unprecedented and largely successful destabilizing attack on American democracy.”
In other words, whatever the Russians did only mattered and only was a crime because it contributed to Clinton’s loss. The hacking itself is immaterial; what matters is the way it affected the White House’s and media’s favored candidate.
Only after Clinton lost did it become necessary to demonize the Russian threat and create a crisis that might be inflated big enough to justify impeachment.
Minority Rulez
Even among intelligent people well-versed in how government really works the thinking seems to be “well, it’s justified to get rid of Trump.”
Trump is a terrible president. It is unlikely the United States will be a better place four years from now. But the problem isn’t so much Trump as it is the longer game. We’ve had crappy presidents before and mumbled through.
Try as hard as you can to forget Trump is, well, Trump. Focus instead on the sheer amount of high-level manipulation, collusion if you will to use a popular term, involved in the recent election. What role did the FBI and the intelligence community play in the election? Why did they play any role at all? Why did the White House take little-to-know action against Russia, and shield what they knew from the American people, as long as their favored candidate was in the lead? What role is the media playing now in fanning the flames? Name a media source you consider impartial anymore.
What is the broader significance of a relative minority of people inside government and the media seeking to overturn the results of an election?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Moving Forward to 2018? The Danger of Undead Hillary
I’m wondering how successful the Democratic meme of “Trump voters, now you’ll get what you deserve” will be.
Media regularly now run stories “telling” Trump voters how bad their decision was. Many outlets unlikely to be read by Trump voters produce elaborate charts and expert commentary about how whatever Trump is doing with taxes or the economy will negatively affect voters in Red states the most. The implication is hah, hah, suckers, you voted for more jobs and you’ll get nothing! Tag-on articles also include dubious surveys showing vast numbers of Trump voters agree with statements like “Even though Trump policies will definitely kill my mother in front of my eyes, I’d still vote for him.” That’s a two-fer: you were dumb to vote for him once, Cletus, and you still won’t admit how freaking dumb you are.
The highbrow version of those nasty little stories is the literal glee of too many progressives over how poorly Republican health care plans will work out. Following their defeat in the House over so-called “Trumpcare,” Democrats as one pivoted to saying their loss was their gain, as Americans will suffer and maybe even die as a result of the new rules, and finally realize how wrong they were to vote Republican.
So a serious question: do party leaders really think this will translate into votes for Democratic candidates in a few years? That badgering people to admit they were wrong is a good tactic (we all know how much anyone likes to admit they were wrong)? That mocking voters for their 2016 choice will bring them to your side in 2018? That hoping enough suffer under even worse health care policy to vote for the party that stood by chortling and watched it happen?
Alongside this very odd strategy of gain through others’ pain is the issue of Undead Hillary. The two are connected.
The standard for a losing candidate is to quietly go away. Mike Dukakis (Remember him? No? That’s my point) is the perfect example. For those losers who don’t want to simply write a memoir and fade away playing golf, they can also respectfully reemerge after some time has passed as an elder statesman (Walter Mondale) or as a specific issue spokesperson quietly tolerated at the sidelines of the moving-on-now party (Al Gore and climate change.)
The problem for Democrats is that Hillary Clinton is not yet convinced, nor are many of her supporters, that she really lost the election. They act in some ways as if the campaign is still ongoing.
By basically continuing to run a version of the same full-on negative strategy they did in 2016 (Trump is dangerous, evil, stupid, a threat, Putin c*ck holster), there seems to be this poorly-formed notion that somehow Trump will disappear (Emoluments Clause, impeachment for something, whatever) and that it will then be Clinton, not Pence, waking up the next morning in the White House.
In other words, until the Democrats can stand up as a party and say “We lost. There were a variety of factors but at least some sizable part of the electorate wanted what Trump offered and did not want what we offered” they will continue to push Undead Hillary forward as if she and her negative campaign still represent a hope back into power.Until then, no alternatives. No new ideas. No positivity. Indeed, a near-ghoulish sense of “Well, America, you didn’t chose our Clinton so enjoy life in hell as a penalty” pervades. It seems a very unconvincing way forward for a party that currently controls no part of government.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Putin Paranoia
Things about America we’ve learned since November.
Our nation, the republic, democracy, our very system of government is more fragile than at any other time in American history. So fragile that everything has, or is in near-immediate danger of, collapsing, after only a two month jog from near-perfect to the edge of dystopia.The cause of this is Vladimir Putin, who is an evil genius, spymaster, mastermind, brilliant, super criminal, chessmaster, but also a thug and dictator.
Only a few months ago, stuff like this lurked in the dank corners of the Internet, usually web sites that were designed in the 1990s, or on late night talk radio, or on six hour YouTube video rants. These were the same sources who found the Illuminati, Mossad, childhood vaccines, and chemtrails responsible for the impending end of our nation. We called this stuff conspiracy theories and if rational people mentioned them at all, it was as a punchline, with a shake of the head and a muttered “How can people believe this crap?”Good times. But they are over.
We now live in a media world where what used to be crazy is now mainstream. Today’s example is from Salon, with a piece subtitled “The Soviet Union never attacked America as blatantly as Putin has — and we’re in danger of losing democracy.”
The article gets right to it, announcing this is
…the first time in modern history in which Russia has directly attacked the United States — on American soil no less, and precision-aimed at what matters most: the very integrity of our democratic process.”
How was this done? By hacking our election, hacking being a word that no longer means anything but something something computers I don’t really understand but it’s bad. Like when your mom calls you up and says her laptop was hacked because it lost the wifi link to the printer (just restart it, mom…)
Anyway, how was this hacking done? Social media. Russia ‘bots. Fake news. RT.com which no one watches. The upshot according to Salon? Millions of Americans
…were manipulated into acting as unwitting foot soldiers for Vladimir Putin’s invasion… Americans were suckered by and acted in accordance with Putin’s plot… [because] Americans are deeply vulnerable to digital manipulation and weaponized social media hoaxes.
More about how stupid our nation is in the face of Putin’s brilliance? Here you go, same article:
The blind acceptance of Russian propaganda, because it happened to include “facts” that some of us were starved to read, is what turned otherwise decent though gullible Americans into Putin’s infantry, virally blitzing the Kremlin’s message through the trenches of the political internet, attacking and converting more voters with zombie lies. Trench by trench, Facebook group by Facebook group, Americans executed Putin’s attacks for him.
And then oh-my-God things really start to fall into place to somehow explain Hillary Clinton’s inexplicable loss:
The hacking of the DNC and Podesta aside, the effort to trick Americans into being recruited as Russian cyber-soldiers began by turning Democrats who supported Bernie Sanders against the predicted front-runner, Hillary Clinton. Using “bots” and human resources, Putin lobbed fake news and ridiculous conspiracy theories into social media. Voters who were predisposed to distrust Clinton willingly shared these stories, poisoning everyone who inexplicably wanted to be poisoned.
Knowing what we know now, it’s no longer a stretch to report that Trump was placed in office by Putin. But it only happened because millions of Americans unknowingly volunteered to serve as enemy combatants, undermining and betraying their own country.
So there it is, laid out in black and white: Americans were duped by Putin into destroying our own democracy by exercising our right to vote in a way Salon doesn’t like. Basically, our precious bodily fluids are at grave risk. Brilliant, evil, but brilliant.
BONUS: So in summary, some substantial number of Americans clearly and truly believe Putin engineered the results of our last election, not by manipulating actual ballot counts, but via influencing social media in a way that influenced some 50% of Americans to vote a certain way. And that the entire universe of factors that went into the election (advertising, endorsements, emails, you choose) did not have as significant an effect as Facebook and RT. And that as a result, the President of the United States is under the direct and immediate control of Putin and has and will continue to purposefully act against the interests of the U.S.
Seriously, that is some whack paranoid sh*t right there.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Sexism is OK (As Long as it’s Aimed at Melania, Apparently)
She doesn’t sleep with him. They have separate beds, according to one anonymous source. And him?
He has had a lot of women, some public and much, much younger, some only rumored about (but we know.) One of the most talked-about involved him, an older, powerful man, bedding a younger woman infatuated with him, and likely controlled by him.And it’s apparently OK to talk about all this, and shame the dutiful wife, even by feminists. At least as long as it is about Melania Trump, and not, for heaven’s sake, about that other White House power “couple.”
Christina Cauterucci, writing in left-of-center Slate, headlines the anonymous-sourced based news that Donald and Melania sleep in separate beds. See, that implies they don’t… you know… have sex.
Now normally a) where people sleep is not news in any way; b) where people sleep is their private business and c) a woman in 2017 should not be shamed or commented on in the media for whatever choices she makes regarding her married life, and certainly not for her (implied and unconfirmed) choices regarding sex. What is it, 1950 at Slate?
It apparently is 1950. Because writer Cauterucci says all that shaming is actually OK, because it’s Trump. She writes:
…with this particular president, [it] does matter. Trump used a big-powerful-rich-daddy persona to win the presidency, and he painted that persona with the help of the ever-younger string of women he’s married and claimed to sleep with. All three of his marriages generated press “leaks” that suggested Trump was great at sex and had a lot of it with his respective wives, sometimes multiple times a day. The implication to anyone with eyes is that a past-his-prime man uses money and power to get sex and arm candy service from traditionally beautiful women. The report turns that implication on its head.
Um, OK?
But I really don’t get any of this. If one assumes all those pejorative statements about Trump are true, why does his sleeping arrangement with his spouse matter in any way? Is the writer, what, reverse slut-shaming Trump, maybe stud-shaming, mocking him for not be the swordsman she feels he’s claimed he is and that matters somehow? Is the point of mocking Trump and his wife to suggest he is not a stallion and, what next, should be impeached?
No, no, here’s the point buried near the end of the piece:
Trump’s marriage is not, like the Obamas’, a seeming match of life partners who fully respect one another’s intellects… Trump’s ignorance on policy and other issues of national importance is a point of pride for him, but when someone threatens his manly-man persona in public, it hurts.
BONUS: The same article gets in a few sex digs on Pence, too. Here you go:
An unofficial study of my personal opinions reveals that 100 percent of hetero couples who call one another “mother” and “father,” as Mike Pence and his wife do, sleep in separate twin beds with the sheets firmly tucked in on all sides, in formal pajamas and nightcaps, crucifix affixed on the wall where it can be seen from any potential sexual vantage point.
Bada bing, Sexy time!
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
We Could Have Had Biden
Joe Biden would have beaten him.
Think about why Trump won. He was by sheer accident the more or less least worst choice. Despite his behavior, he kept failing upward, right into the White House.
A large portion of this election was about income disparity, cultural and economic displacement, a sense that the country had abandoned too much of its center. I don’t know how many of those people voted for Trump per se, but some percentage voted against for Hillary Clinton (spare me the popular vote bit, we’re dealing with the reality of the system which was here in 2016 and will be here in 2020.)Biden has always been able to speak to many of those who voted for Trump. His roots are in Pennsylvania, his background blue collar. His son served in uniform. He has dealt with personal tragedy and understands it in others. He talks and displays real empathy in a way Hillary could never do, and embarrassed herself when she tried. Biden in the Midwest would have exposed Trump as a fake populist because Biden would have come across as a real one.
A significant number of voters “like” or dislike a candidate; some of an election is a popularity contest, and everyone likes and trusts Biden. Clinton could never get past herself on that. She was the kid on the debate team; Joe was class clown.
Think Comey hurt Hillary somehow? Think the Democratic National Committee emails showing Clinton’s dirty tricks against Bernie hurt her? Think the Clinton Foundation, quid pro quo, pay-to-play, the server and coverup, Bill’s sexcapades, Huma, Weiner, health questions, maybe even Benghazi, think any of that cost her votes (it did)? Well, none of that would have touched Biden. Most of America still wouldn’t know who Comey is. Putin could have leaked all the emails in the world and… nothing. Trump could not have played off hiding his tax returns with Clinton hiding her Goldman-Sachs speeches.
Trump would have had to talk policy and issues. Nothing for Congress to investigate, no scandals. Nothing for the right wing media to feed on. Nothing for the left wing media to have to keep defending.
Meanwhile, the strengths Clinton had — experience in government, claimed foreign policy skills, whatever good will could be inherited from Obama — would all be there for Biden. Without any baggage. Biden was in the room when bin Laden was killed, too, for whatever that is worth.
It’s likely Biden would have run a more respectful campaign against Bernie than Clinton did, as he would have been driven, but without being obsessed by fear of failure. He might have run a positive general election campaign, not one that was a continuous flow of hit pieces on Trump that left voters unsure what Hillary had to offer herself.
That might have brought more Bernie voters out who chose instead to stay home on election day. Biden would have been able to choose a vice president such as Elizabeth Warren that would not have been seen inside the party as a threat to Clinton. Biden, himself a once forever Senator, might even have chosen Bernie as his VP. Imagine a VP choice that inspired, instead of a cynical move like disposable drone Tim Kaine selected just to (barely) grab Virginia’s electoral votes.
There was much talk abut why Biden didn’t run, centering around the death of his son Beau. It was a major factor. However, sources are clear that pressure was applied to Biden the old-time party man to stand aside, that this was Hillary’s turn, arrangements had been made, deals done. Biden could have whatever else he wanted (other than VP…), choice of cabinet jobs, an emeritus position as ambassador somewhere, appointment to a presidential commission created for him, just name it, Joe.
Biden said post-election “The family was broken, and I was more broken than I thought I was. How broken? I don’t know what I’d do if I was in a debate and someone said, ‘You’re doing this because of your son,’ I might have walked over and kicked his ass.”
And in that moment the election would have been over.
Many Americans outside the coastal media were unconcerned about an old tape of Trump being crude, and did not see his statements as “sexual assault.” They were skeptical about decades old allegations of sexual harassment that seemed to appear on cue just before a debate. But you don’t mess with someone’s dead son, a veteran at that, and had Trump insulted Beau and Joe Biden slugged Trump live on TV, every American who supported Trump would have understood what a bully was and every one of them knows what to do about bullies.
In the end, you win this way:
— Pull votes away from the other guy (blue collar Biden)
— Secure your base (experienced, Obama-Dem Biden) and
— Don’t lose voters (baggage-free Biden.)
Clinton failed on all three counts, and it is now President Trump.
The point here is not just a thought experiment, a political argument to hash out over beers. There’ll be another election in 2020, and Trump will run against another Democrat. If the Democrats can’t understand what election they are running in, and can’t objectively weigh out their candidates’ strengths and weaknesses instead of assuming succession based on internal party logic, they will lose again to Trump.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
We Are Still Alive (Non-Hacked Russian Stooge and Terrorism Edition)
This is a version of last year’s January 1 article, updated to reflect the new fears of the World’s Most Frightened Nation.I survived. America, and the world, and you, survived. We awoke the first day of 2017 to find that once again, using the extraordinary power of fear, we again held off the terrorists. And Putin. And Trump, nationalists, racists, hackers, alt-Right fascists, CNN, persons of all colors, genders, shapes, sizes, and goddamn religions.
Fear Classic: Terrorism
Hard as it is to persuade a constantly re-frightened American public, there have been less than 100 Americans killed inside the Homeland by so-called Islamic terrorism since 9/11.
Argue the number, hell, go ahead and double or triple it, and it still a tragic, sad, but undeniable drop in the bucket. Throw in a few mysterious “foiled plots” the government never seems to have many specifics on to share and tack on some more to the terror body count. No matter how hard you drive, you just can’t get the number of Americans killed or even in clear danger of being killed to a very large number.
And do spare the tired trope of “well, security measures such as at our airports have saved us from who knows how many attacks.” Leaving aside the idea that the argument itself demands a kind of negative logic (the “who knows” part) to even make sense, a test by the Department of Homeland’s own Inspector General’s Office, posing as travelers, showed 95 percent of contraband, including weapons and explosives, got through during clandestine testings. If a failure rate of 95 percent did not have planes falling from the sky, one must conclude security does little to affect terrorism.
CNN on the Eve told us that almost two million people were in Times Square to see in the New Year, along with 7,000 cops and 65 giant trucks filled with sand to stop the 2016 fad (actually two cases, in Europe) of car/truck driving terrorists. More Americans died of alcohol poisoning (booze terror!) last night than terrorism.
A shout-out here also to a benevolent Allah, who mercifully did not tell any terrorists that while Times Square was secured on the Eve, the rest of the large crowds elsewhere in New York were pretty much not, and a suicide bomber could have ridden in on a camel. Same as the days after New Year’s, when there is the usual lack of any serious security everywhere but at Trump Tower. Luckily ISIS couldn’t figure any of that out. Whew.
Our New Fears for 2017
And despite the new fears, actually two old ones recombined, our such as it is democracy is still hanging around. The new fears are quite creative, lopping together that old standby, The Red Menace and its global evil genius Vlad Putin, and “hacking,” the computer thingie that scares old peoples and is why you need to go home every Thanksgiving and reboot grandpa’s PC so he can play Solitaire again.
We endured the fear-mongering of the autumn that our Very Way of Life was at risk, because John Podesta’s emails were released and because the Electoral College was full of meanie rats who wouldn’t do something something Hamilton and elect Hillary like the script said they should. If only the Russians and FBI and Clinton Foundation and email server and Bernie Sanders and the nine votes cast for Jill Stein and the recounts that actually cost Clinton a few votes and 62 million Americans hadn’t interfered, we would be entering 2017 basking in the warm and eternal glow of Dear Leader Hillary Clinton leading us from bondage. Dammit.
Trump has also failed (so far!) to start any wars with China, Planet Mongo, or Russia by breaking up with Putin and refusing to give the ring back. He has not instituted Sharia law or martial law or the Nuremberg laws or rounded up people who write liberal tweets or made all LGBTQ people marry illegal aliens and wear boring clothing to NASCAR races. That may come, it’s early in 2017, but so far, not yet.
But don’t believe me. “We should be absolutely terrified in 2017—perhaps more than at any other point in the 20th century,” said Robin Kelley, historian of social movements in the U.S. at the University of California Los Angeles.
Or maybe, believe me. It is all panic-mongering, designed to keep us in a state of fear. Fearful people are easy to manipulate. So stop being afraid.
BONUS: Many have written in to ask what I get in return for being a Russian puppet. To be honest, not much, mostly just a hobby. I do get to crash on Snowden’s pull-out when I’m in Moscow for reeducation sessions, and that saves me a few bucks.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
You Opened the Box…
Once you let the genie out of the bottle, you can’t stuff him back in.
Attempts to overturn the results of our election, or to delegitimize a president before he even takes office, are attempts to overturn the system of transfer of power that has served America since its earliest days. There is no measure of exaggeration here; Americans are questioning the results of the election because roughly half don’t like the guy who won.
Somehow things are… special this year. In most elections, a good-sized group of us see our candidate lose, grumble, and move on to some degree. I don’t think Trump will be a good president, but I also do not think he will burn civil rights to the ground, destroy life on the planet, sell Alaska back to Russia, or invade China with Omarosa some drunk weekend.
In what in another era would be left for conspiracy theorists to contemplate, for the first time in our nation’s history powerful mainstream forces are trying to change the results of an election. Shocked by Trump’s victory, and fearing his presidency, they want to stop him from entering the White House. The belief seems to be that he is such a threat that it is necessary to destroy a part of democracy in America to save it.
Some efforts are silly, online petitions demanding, somehow, Clinton become president (here’s one asking the Supreme Court to invalidate the election,) or bleating that her popular vote victory matters somehow within the existing electoral process. Others call for a magic do-over, a new election.
Political scientists claim they maybe have found untested ways for the Electoral College to vote for Clinton, or to postpone a vote.
But after that it gets very serious. America’s foreign intelligence service, the CIA, via anonymous leaks to the New York Times, NBC, and the Washington Post, declared Russia actively and purposefully interceded in our election in favor of Donald Trump. Trump was elected, in part, by the work of Russian cyber blackops.
It is important to unpack what the accusations driving this are: someone working for the Russian government broke into the Democratic National Committee servers and Clinton campaign head John Podesta’s Gmail account, delivered those emails (which the Clinton campaign by and large said were bogus or altered) to places like Wikileaks, and that the emails few voters read influenced the election such that Trump, not Clinton, won the electoral vote. Trump’s strengths as a candidate and Clinton weaknesses were not significant enough on their own to have swayed the electoral count 74 votes in Trump’s favor. At the same time, for these accusations to matter, President Trump will act in favor of Russian interests (choosing hard liner John Bolton as number two at the State Department already seems counter to that) and against those of the United States.
The accusations against Trump can rise to the level of treason (some are speculating Trump was a willing participant in any Russian ops), a capital crime, the most serious crime an American can commit against his country.
All is supposed to be revealed in the form of some sort of investigation.
Leaving how clever use of redactions can present “evidence” in misleading ways, intelligence assessments are rarely black and white, especially when seeking to explain why an action took place, its ultimate political goal. An intelligence service can conclude with reasonable confidence (for example) that Country X executed 12 dissidents last week. It is much harder to say why, or why now, or why those 12, or why not a different group, or what those executions mean in the longer game of local politics. So while technical means may be able to point to a hacker with connections to Russia (though hackers include in their tradecraft leaving false clues), moving from whether any hacks were standard information gathering as engaged in by all sides, or an active part of a campaign to change the course of our election, is a tough job. So those who expect a black and white report on what they Russians did, why they did it, and how it affected the election, are very unlikely to get it.
So what will be done?
The current focus is on the Electoral College voting on Monday, December 19 to put Hillary Clinton into the White House. That would require breaking with some 224 years of practice, moving against the will of about half of American voters who acted in good faith under the current system believing their vote would be assessed by the rules and practices in place, and destroying the orderly transfer of power that marks a democracy.
But if Trump prevails in the Electoral College, what next? There is no Constitutional allowance for a “second election.” Bomb Moscow? Keep Barack Obama in power? Dispatch a lynch mob to Trump Tower?
Well, of course not. Probably.
Instead we will enter a new administration with a delegitimized president, under the shadow of multiple conspiracy theories, accusations, hearings, investigations and likely threats to of impeachment proceedings. Every decision President Trump makes, as with his every Cabinet choice now, will be weighed against the accusations. America’s Russia policy (in Europe, the Middle East, Asia) will be held hostage to rumors and leaks. A divided America will become more divided.
The Bush-Gore election of 2000 was contested right into the Supreme Court. The differences, however, are significant. The post-election fight took place between two men still candidates, to decide a winner. Trump is the President Elect, and the process, whatever it is, seeks to overturn, not decide, that result. In Bush-Gore, once the Court declared a winner, the results were accepted, albeit reluctantly by some, and America moved on. Lastly, the struggle between Bush and Gore took place in open court, not via leaks and classified documents.
There is also the argument, basically a variation of “if you have nothing to hide you have nothing to fear” that Americans should be willing to submit to post-election recounts and investigations, themselves often inconclusive or subject to another round of questions, to “prove” nothing went amiss. There is danger in confusing a potential body blow to the electoral process, seeking to overturn a completed election, with casting it all as benign verification.
An additional danger is in the McCarthy-esque conflating of opposition to these efforts with a lack of patriotism, and by invalid extension, support for America’s enemies. To remain skeptical is to stand against the United States. To question the CIA is to disrespect our intelligence professionals. Journalists who do not support the accusations are said to be either active Russian agents of influence or “useful idiots” too dumb to know they are being manipulated.
The real impact of all this will be felt long past Trump’s tenure.
Democrats, Republicans, and players such as the CIA will have four years to consider how this process of delegitimizing a President Elect could work more effectively next time. The people who support extra-Constitutional steps now because of Donald Trump will find those same step will be available in later elections, to use against a candidate they favor. Voting can potentially become only a preliminary gesture, with real struggle only starting after the election itself.
Many are deeply upset Hillary Clinton lost. Many are unsure, even fearful, of a Trump presidency. But once you let the genie of trying to overturn an election loose, you won’t be able to stop it next time.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Electoral College: A Civics Lesson
We have and have had for 224 years an Electoral College system. The popular vote is not and has never been how we elect a president.
This is the 6th time in U.S. history the candidate chosen has lost the popular vote, nothing new. The country has muddled on, with some of those presidents being better than others.
In addition, because of the electoral college system, candidates campaign for electoral votes, not the popular vote. That is the basis for their strategizing how to allot their limited time and resources.
So, for example, knowing he had little chance to win Democratic strongholds California and New York, Trump did not campaign extensively there even though they are big states. That’s how Clinton won the popular vote, because her campaign aimed at those (big) states where she thought she would win the electoral vote. The size of the popular vote garnered is more a reflection of the way the system works than it is a gauge of popularity.
You just got woke to the electoral college system after napping through high school civics class? Good for you. You don’t like it? Also cool. Now read up on how the Constitution gets changed. It is a long, slow process, and intended to be that way just to avoid knee jerk reaction such as are underway today. So best to contact your legislators today and get them started doing something abut the Electoral College no one has otherwise done in over two centuries.
There is no system or method for overturning an election, and people are very wrong to talk about trying to do so based on claimed Russian meddling. For that to have validity someone would have to show conclusively and without doubt (we’re talking about dismantling a 224 year old system here, folks, not simple WMDs):
The hack took place –> The Russian government did it –> The Clinton campaign lied when they said the hacked emails were frauds and/or altered –> The hack itself was more important than the contents of the emails –> That any of this, if true, truly changed the results of the election in favor of Trump.
That’s a pretty big bite. If you can’t prove that, you have no case to even think about negating the system, throw away the votes of some 62 million people, and plunging the nation into chaos that it may or may not ever recover from.
And while there may be untried methods to make it possible for the Electoral College to vote for Clinton, can vote isn’t the same as should vote. An awful lot of people voted themselves in anticipation that their votes would be reflected by their electors. That was the system they entered the game under, not something along the lines of “let’s see how this voting thing plays out on November 8 and if don’t like it let’s try something else.” You think disenfranchising all those voters is just gonna happen without any problems?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
A Brief History of the Election OMG PUTIN IS TAKING CONTROL OF THIS ARTICLE!!!!!!!!!!!
Media ignore Clinton’s weaknesses and Trump’s strengths for 18 months to epically blow election predictions.
No calls for recounts.
Clinton concedes.
No calls for recounts.
Despite over 200 years of the electoral college system, and this being the fifth presidential election where the winner did not receive the majority of the popular vote, Clinton supporters begin bleating about her winning the popular vote so, whatever, she should become president. Many seem surprised to learn of this “electoral” system;
No calls for recounts.
Clinton supporters hold street protests.
No calls for recounts.
Effort made to talk electors out of voting for Trump fails to gain traction.
No calls for recounts.
Two weeks after the election in the midst of the Trump transition OMG the Russians hacked the election Putin is controlling America with RT.com thought waves and fake news so we gotta recount it but only so faith in American democracy is restored.
Jill Stein, who received zero electoral votes and has absolutely nothing to gain from a recount somehow raises more money in a few days than in her entire previous campaign.
We gotta have a recount!
Clinton campaign joins in demand for a recount.
(Standby for cries that the recount, which will show Clinton still losing, is itself crooked as it was done by the same local election officials under the same mind control of the Soviet Bear)
BONUS:
My point is nowadays (i.e., 1950) any criticism of the Clinton is taken as de facto “evidence” of Russian agency. The Catch-22 is that if it cannot be shown that you work directly for the Russians, it is said you are a “useful idiot” too dumb to realize you are secondarily under their influence. Everybody is thus part of the Soviet global threat.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
By the Numbers: The Recount Scenarios (It is a Long Shot)
Green Party candidate Jill Stein (Disclosure: I voted for Stein) is calling for a recount in key states, and has raised some $3 million for that purpose. Her funding page estimates the total cost, including lawyers, will be $6-7 million.
There is a lot of media being generated by all this, but I haven’t found anyone who did some math. Here it is.
DeadlinesThe deadlines in the three key states Stein is seeking recounts for are fast approaching. This Friday, November 25, is the deadline for requesting a recount in Wisconsin, where Trump’s winning margin stands at 0.7%. In Pennsylvania, where his margin is 1.2%, the deadline falls on Monday. In Michigan, where the Trump lead is 0.3%, the deadline is Wednesday, November 30.
Because of the numbers (below) if Stein fails to file in all three states for a recount, there is no way for Clinton to win.
To date, no other candidate has publicly called for a recount. It has been over two weeks since the election.
The NumbersAs for electoral votes, Pennsylvania has 20, Michigan 16, and Wisconsin 10. Trump won 290 Electoral College votes to Clinton’s 232. If all three states’ votes went fully to Clinton, and all electors voted “faithfully,” Trump would lose the electoral vote.
A recount could yield more votes for candidates other than Clinton; the presumption is that any “hacking” unfairly favored Trump. Scenarios, such as Wisconsin only going to Clinton, would not change the final election outcome. If Michigan and Wisconsin alone went to Clinton, neither candidate would have the required 270 electoral votes to win.
Current vote counts show Trump leading by about 27,000 votes in Wisconsin, over 68,000 in Pennsylvania, and more than 10,000 in Michigan. In some ways not massive leads, but they’d all have to go Clinton’s way.
If no candidate receives a majority of Electoral votes, the House of Representatives elects the President from the three Presidential candidates who received the most Electoral votes. Each state delegation has one vote. Thus a tie is technically possible. In reality, the state-by-state party tilt is decidedly Republican.
There are clearly scenarios through which Clinton could win, but they seem long shots.
The Outcome?So for the recount to change the results of the presidential election, the only reasonable scenario would be for all three contested states to shift their vote totals from advantage Trump to advantage Clinton. That would almost certainly trigger additional calls for re-recounts, as well as possible Supreme Court actions as with Bush v. Gore in 2000, or perhaps simply mass chaos across the U.S. It is unclear how long all this would take.
BONUS:
Recounts are not free.Wisconsin states that if the vote difference is less than 2% (as it is), then the fee is $5 per ward. There appear to be 70 wards in the state, meaning the filing fee is $350, not the $1.1 million Stein is requesting for the state without legal fees. I cannot account for the discrepancy.
The fees for the Michigan and Pennsylvania recounts are $500,000 and $600,000, respectively. These match with the amount requested.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Let’s Get Uncomfortable, Election Edition
For the people now protesting, good for you to make your views known. It is important.
May I also suggest you use the remaining time to protest Obama’s refusal to prosecute torture, curtail the NSA, fail to close Gitmo, his jailing of whistleblowers, his decision not to use his Justice Department to aggressively prosecute police killers of young Black men under existing civil rights laws, his claiming of the power to assassinate Americans with drones, and his war on journalists via gutting of FOIA?Because silence on those issues means Trump inherits all of that power.
May I also suggest volunteering for some of: homeless shelters, LGBTQ and vet’s crisis lines, Planned Parenthood, Congresspeople who will work for these causes, ACLU, Occupy (who addresses the economic inequality that drove many Trump voters) and the like?And make a long term commitment, because many of those groups are used to people showing up for a few days after some bad event happens and then disappearing soon after.
Please also unsubscribe from media that fed you false narratives for 18 months about those damn emails, the Clinton Foundation, pay-for-play, etc., leading to the election “surprise.” Check the election results. Apparently they all did matter and you should seek out new information sources so you are not fooled again.
To educate yourself during the coming years, consider foreign media. Look at the range of choices and start reading. Many present a much more dispassionate and balanced view of America than our own corporate infotainment. FYI, the “Daily Show” is satire and comedy, light commentary at best. It is not news. A warning, though, that some of what you read will be challenging and make you think outside your own bubble.
Stop embarrassing yourselves by claiming “well, Hillary won the popular vote.” True but irrelevant. We’ve had the albeit imperfect electoral college system for some 220 years. The fact that you recently discovered it when your preferred candidate lost does not impress. This election is the fifth time in U.S. history a candidate won the popular vote but lost the election.
May I also suggest you read the full text of Roe v. Wade (not just Wikipedia!) so you are prepared to rebut in detail the various state-allowed restrictions, particularly the balancing tests, because that is where the attacks may likely come.
Nothing wrong with “solidarity” and “raising awareness,” but stopping there, like wearing safety pins, like changing your Facebook profile photo, feels good, but working for real change hurts.‘Cause talk is cheap.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
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