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Tuesday, March 26, 2019

DK POSTS THE NUNES MEMO AND ALTERNATIVE REALITY

Sunday, January 28, 2018

Alternative Reality

The real political constellation surrounding that bright star Donald Trump is emerging from the mists.  Michael Wolff's book, Fire and Fury, which I have dipped into (focusing on the latter parts), makes it clear that Trump does not have an organized cadre around him in the White House, but rather a relatively unorganized gaggle of individuals and factions, of whom John Kelly, his Chief of Staff, and his daughter and son-in-law Ivanka Trump (who was careful not to discard the family brand!) and Jared Kushner seem to be the most important.  Trump, the books clear, will always be erratic and unpredictable because he can't bear having anyone outshine him, he always wants to respond to attacks,and he loves surprises.  Thus those around him--including his lawyers--will always be struggling to keep up.

Meanwhile, as I have written before, Trump has struck up an alliance the Koch brothers' network, which in turn dominates the Republicans in Congress and particularly in the House.  The fruits of that alliance are the tax cut, the rollback of EPA regulations, and, most recently, the tariff on solar panels, which will make it harder for our growing domestic solar industry to compete with fuels.  The tax cuts have probably brought a good deal of corporate America on board as well, because they will allow corporations to bring so much money back into the United States.  And the economic boom, as long as it lasts, sill significantly strengthen Trump's position in much of the country.

The threat to the Administration, of course, is Robert Mueller's investigation and what it might reveal about Russian influence on the election and on Trump.  And Trump's new allies in Congress are not taking a hands-off attitude towards tose proceedings. Led by Devin Nunes of the House Intelligence Committee--who showed himself to be a Trump lackey in a much-publicized incident last summer--they are standing this investigation on its head.   Increasingly they and their allies in the media--especially Fox News--are arguing that the whole Russia imbroglio is an FBI conspiracy hatched out of hostility to Trump.

Devin Nunes, apparently, has written a four-page memo, still classified, alleging that rogue FBI agents abused the FISA program to put taps on Trump aids during the campaign.  The details of the accusation have not yet emerged, but this may refer to taps on Carter Page, Paul Manafort, or both of them that the Bureau might have undertaken to uncover Russian connections even before those men became involved in the Trump campaign.  Nunes and others are also arguing that pro-Clinton, anti-Trump FBI agents--whose biases, they claim, are revealed in their text messages--fixed the investigation of Clinton's emails to exonerate her and started the investigation of the Trump campaign to discredit him.  I doubt that Nunez or any of the others in Congress or at Fox really know much about the career of Joe McCarthy, but this technique is very reminiscent of his own.  McCarthy tended to make irresponsible accusations of Communist influence, and then dismiss anyone who complained about them as a witting or unwitting dupe of the Communist conspiracy.  Nunez and Trump are trying to turn any evidence of Russian connections to hm or his campaign as evidence of an FBI conspiracy against him.

A new and very important aspect of the story emerged this week.  In 2016, the Dallas Morning News reports, "Donald Trump and the political action committees for Mitch McConnell, Marco Rubio, Scott Walker, Lindsey Graham, John Kasich and John McCain accepted $7.35 million in contributions from a Ukrainian-born oligarch who is the business partner of two of Russian president Vladimir Putin's favorite oligarchs and a Russian government bank."  In a notorious mid-2016 meeting of Congressional bigwigs that leaked to the public, Republican House whip Kevin McCarthy commented that there were only two people whom he thought Vladimir Putin "owned:" Donald Trump and Representative Dana Rohrabacher.  But with so much at stake for the Russian government in the lifting of American sanctions, an organized effort to buy more influence in the Congress would not be in the least surprising.  Mueller may almost singlehandedly be contenting with a very broad and successful foreign campaign to build up influence in two branches of the government--as well as with those like the Kochs who find themselves allied with Trump for other reasons.

The economy is definitely playing as a winning issue for Trump at this point, and a deal on DACA would fwork powerfully in his favor as well.  Mueller's investigation will however remain a serious threat.  For that reason, Republican cries of an FBI conspiracy will get louder.  This will be a very difficult problem to deal with, since we do not, as we did during Watergate, have any media outlets that a clear majority of the public trusts.  Nor do we have a readily available mechanism to rid ourselves of foreign influence.  It has emerged as a real threat to our democracy.

Friday, February 02, 2018

The Nunes memo

Devin Nunes's memo has been released today with the approval of the White House.  Here are my thoughts about the memo as a document and its significance.  I predict that it will inaugurate a constitutional crisis that may well leave us with an Administration immune from investigation into its ties with a foreign power.

The premise of the memorandum is that the FBI obstained a series of FISA warrants to listen in on the communications of Carter Page, a somewhat mysterious figure who became part of the Trump campaign during 2016, in late 2016.  The memo asserts that the FBI should have told the FISA court that it's request was based on the "Steele dossier" compiled by Christopher Steele (originally at the behest of other Republican candidates, although Nunes naturally leaves that out, but later for the Clinton campaign).  It says that Steele confessed his "bias" against Donald Trump during the campaign, and claims that the FBI paid him for his information as well.  It also says that the FBI terminated its relationship with Steele, whom it had regarded as a trusted source, because of his statements to media outlets during the campaign.

The problem--which is undoubtedly what has enraged the Democratic minority of the House Intelligence Committee, the FBI, and the Justice Department--is that the memo presents no evidence for any of this at all.  It does not tell us what exactly from the Steele dossier was used to craft the FISA application.  It does not make clear how such information (if there really was any) was corroborated by other information known to the FBI from other sources.  It is entirely  possible, based on the memo, that the Bureau wasn't relying on information from the Steele dossier at all.  I suspect that will emerge in leaks from the Democratic minority and the FBI in the next few days, but it will never catch up with the original story.

The whole theory of evidence that the memo is relying on, however, belongs on Fox News or in a speech by the late Senator Joseph McCarthy, not in a document issued by a House committee.   The premise seems to be that since Michael Steele was being paid by the Clinton campaign and did not want Donald Trump to become President of the United States, the FBI had an obligation to disregard anything he said, rather than to act on it.  It does not occur to the authors of the memo (on which more later) that a person might become very concerned about the election of a certain person as President because one had received credible information to the effect that that person and his campaign were closely connected to a hostile foreign power.   The memo, in short, is presuming that President Trump and his campaign must be innocent, and that therefore anyone who claims otherwise must be guilty of partisan opposition to him.  And that is why I believe, although I cannot prove it, that the ultimate source of the memo is Donald Trump and people very close to him.

There is another layer to the way in which the memo is presented. Because it omits any specific information at all about the warrant or its content, it does not include any classified information.  But if Adam Schiff, the ranking Democrat on the Committee, were to release information refuting the claims and logic of the memo, he probably would be guilty of releasing classified information.  By relying on asserting, rather than demonstrating, its key argument--that the application for the warrant was based on the Steele dossier--the memo makes it harder for anyone to disprove it.

The memo has to be seen in the context of an incident ten months ago involving Nunes, the White House, and the very same investigation, which was described again this week in the New York Times.




"Then, in March, as the investigations into Russian meddling in the 2016 election appeared to be picking up momentum, Mr. Nunes set off a bizarre Washington drama when he made a late-night dash to the White House, and followed up with a morning news conference in which he claimed that he had been given intelligence reports that Mr. Trump and his associates were incidentally swept up in foreign surveillance by American spy agencies during the campaign.

"Furthermore, Mr. Nunes charged, the identities of the Mr. Trump and his associates swept up by the surveillance, which are supposed to be “masked” in intelligence reports, had been unlawfully revealed in classified reports at the order of senior Obama administration officials.

"It turned out that the intelligence cited by Mr. Nunes was given to him by a pair of senior officials at the Trump White House, and that it had selectively cited certain incidents to show wrongdoing where none may have existed. Senator Lindsey Graham, Republican of South Carolina, declared that Mr. Nunes was running an “Inspector Clouseau investigation.”

"The incident prompted an ethics investigation and forced Mr. Nunes to recuse himself from the committee’s Russia investigation, a move that Representative Peter T. King, Republican of New York and a committee member, said almost certainly left Mr. Nunes feeling disappointed."

Rather than doing his job of indepedently overseeing the intelligence community and its relationship with the White House, Nunes was acting as the mouthpiece and shill of the Trump Administration in its efforts to undermine the FBI--efforts which then led to the firing of James Comey.  As it turned out, the ethics investigation cleared Nunes and he witdrew his recusal.  He has now taken a new and bigger step along the same lines. I do not know, but I would not be at all surprised if the "Nunes memo," like the intelligence he claimed to have discovered last March, had come from the Trump White House in the first place.

President Trump, I think, will now use the memo to argue that the investigation of the Russian connection is fundamentally and irrevocably tainted because it began as a partisan withhunt undertaken by the Clinton campaign through Steele.  Indeed, Sarah Huckabee Sanders, his press secretary, has already been saying this for some time.  I think the odds are better than 50-50 that the President will fire Robert Mueller, shut down the independent investigation, and fire Deputy Attorney General Ron Rosenstein, who is rather pointedly dragged into the Nunes memo as well.  That, I suspect, is why leading Republicans in the last week have been saying that there is no need for legislation to protect Robert Mueller: they know he'll be fired soon.  Buoyed by the tax cut, the booming stock market, and continued economic growth, the Republicans, like the President, have talked themselves into the idea that they are on the way to a new era and a great political triumph, and that only an unfair, partisan investigation stands in their way. In addition, it now develops that a great many Republican legislators, including Mitch McConnell,. have received large campaign contributions from Russia-lined interests as well.  They too may have a personal interest in shutting down the investigation of Russian influence.

Outrage will break out among the mainstream media and the Democrats if Trump fires Mueller, but the Administration won't care.  Will such outrage move large numbers of swing voters to vote Democratic next fall and give the Democrats control of at least one house of Congress? I don't know, but I'm skeptical.  The Republicans are betting that the mass of our people are sick of Washington scandals, and they may be right.  Having endured Whitewater, Monicagate, Benghazi, birtherism, the WMD controversy, and so much more, our people may just be tired of it all.  Once again, the Republicans in Washington are trying to even the score.  In 1999 some of them admitted they were impeaching Clinton as revenge for Watergate.  But Clinton was acquitted, and now they may be determined to see that Trump gets away with it too.

The President, I suspect, simply has to stop the investigation because it's bound to reveal damaging information about himself and many of those closest to him.  That is why he, like Nixon, had to begin trying to stop the investigation right away.  Nixon's attempts culminated in the Saturday Night Massacre, after which bipartisan outrage forced him to back down. Trump won't face bipartisan outrage.  In our era of all-out partisanship--the fourth great crisis of American national life--he may prevail.

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