If You Don’t Obstruct Justice, Did You Obstruct Justice?
Podcast: #MeToo and Mueller
John Podhoretz 2018-01-29Grammys. Mueller. Trump. Rosenstein. Memo. Nunes. Midterms. Polls. You know, the usual stuff. Podcast. Podhoretz. Rothman. Ahmari. Greenwald. Give a listen.
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If You Don’t Obstruct Justice, Did You Obstruct Justice?
Must-Reads from Magazine
The State of the Trump is… Strong?
Podcast: Immigration, the FBI, and 2018.
John Podhoretz 2018-02-01The successful State of the Union, combined with good economic news and a politically clever immigration proposal, might be heralding a significant change in Donald Trump’s political fortunes. We talk about that, and the latest in the Russia-memo mess, on this week’s final podcast. Give a listen.
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The Concerns in the ‘Memo’ Are Serious, but the Handling of It Isn’t
Serious issues deserve serious people.
Noah Rothman 2018-01-31
With the rhetorical temperature on both sides of the aisle reaching a boiling point over the MacGuffin known as the “memo,” it’s easy to forget how grave the alleged offenses that got us to this point truly are.
We know the Trump campaign was surveilled by law enforcement after the Obama-era Justice Department secured a warrant in a secretive court that handles matters related to foreign espionage. We know that this investigation captured intelligence from both foreign sources and campaign officials. We know that a summary of those intelligence products was improperly related to reporters, and the names of the campaign officials who were caught up in the monitoring of foreign intelligence officials were improperly “unmasked” in public reports.
Those are serious matters, and they should not concern Republicans alone. Given what we know about Donald Trump’s national security advisor, Mike Flynn, the administration and the country are better off with him out of the White House. Yet the way in which he was undone—a leak revealing he had been on an undisclosed call with Russian ambassador to the U.S. Sergey Kislyak that included the contents of that classified intercept—set a terrifying precedent. Weeks later, another Washington Post story revealed that Attorney General Jeff Sessions apparently misled Congress concerning his contacts with Russian officials over the course of 2016. Communications intercepted by “U.S. spy agencies” revealed Kislyak had told his superiors in Moscow he had had two conversations with the future attorney general, contrary to what Sessions told U.S. officials.
These revelations claimed scalps; Flynn resigned and Sessions recused himself from campaign-related investigations. Some might think those scalps were worth the risk to the integrity of America’s intelligence agencies, but Democrats would be naïve to think that this new standard of conduct won’t target them or their allies in the near future. If the ends can justify the means, it won’t be long before the ends become superficial and political.
It is a tragedy that, for now, the only elected officials who seem at all concerned with these events are Republicans. It is an even greater heartbreak, however, that the Republicans who supposedly champion these concerns have sacrificed their integrity in pursuit of a political narrative favorable to the president.
It was the issue of unmasking that got the ball rolling down a conspiratorial mud hill. House Intelligence Committee Chairman Devin Nunes was one of the GOP’s most vocal advocates for getting to the bottom of the “unmasking” issue in early 2017. But, in the process of litigating that issue, he went to the mattresses to defend Donald Trump’s claim that Trump personally had been surveilled by Obama-era law enforcement. Amid that misguided campaign, it was revealed that Nunes had misled the press about his role in allowing the White House to use him as a conduit for their preferred messaging. Nunes was compelled to recuse himself from his committee’s investigations into the Trump campaign’s links to Russia. That recusal was necessary but also a shame. Nunes had been right: there was a FISA warrant targeting campaign officials, and it was apparently misused. Nunes’ decision to allow himself to be misused by the White House robbed advocates of good governance of their champion.
Flash forward. Now Nunes seems to have un-recused himself from campaign-related investigations. He has styled himself a purveyor of hard truths. Due to the arcane rules of secrecy surrounding classified intelligence, however, he is not at liberty to reveal the sordid details surrounding the procurement of that warrant. Instead, he’s embarked on a whisper campaign alleging grotesque yet unspecific abuses of power in law enforcement. It’s bad, he insists; precisely how bad, he is leaving up to your imagination.
On Wednesday, the committee Nunes chairs executed a never-before-seen maneuver that allows for the unilateral declassification of the classified intelligence in the “memo.” The whole point of this exercise was theoretically to clear the air, but the process of revealing this dispatch to the public has had the precise opposite effect.
On Wednesday night, sources told the Washington Post that both FBI Director Christopher Wray and Deputy Attorney General Rod Rosenstein had made a last-ditch plea to the White House—which is now at liberty to release that memo—to keep it under wraps. These two Trump appointees, neither of whom had anything to do with the alleged abuses, warned that the document does not accurately describe investigative practices and that its release could set a dangerous precedent. Bloomberg confirmed the report, but these warnings went unheeded. Lacking any other recourse, the FBI went public in a statement “attributed to the FBI.” The Bureau expressed “grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.”
Whatever impact Nunes and his committee hoped to have with the release of this memo has now been blunted by the FBI’s intervention. Even if the White House subjects this memo to an interagency review and redacts anything that could jeopardize sources and methods, there is now ample reason to view the document as partisan, deliberately fragmentary, and suspicious.
Anyone invested in the good workings of the American government has observed this slow-motion car wreck unfold in horror. The intelligence gathered as a result of this warrant was abused. According to the office of the inspector general, the FBI’s handling of Hillary Clinton’s case was improper. Unmasking is a serious issue. FISA abuse is a serious issue. Those who care about these issues should be furious with their self-styled champions who have cheapened their concerns for trite and fleeting partisan gain. But they’re not, because they’re not serious.
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The White House Didn’t Ignore the Russia Sanctions Law
Why won't Trump tout his record on Russia?
Noah Rothman 2018-01-30
Senator Claire McCaskill called it a “constitutional crisis.” Congressmen Raja Krishnamoorthi and Ted Lieu claimed that the president is bucking the will of Congress expressed in signed legislation. In a statement, the House Foreign Affairs Committee’s top Democrat, Eliot Engel, said the Trump administration had the opportunity to “follow the law” but balked. “They chose instead,” he insisted, “to let Russia off the hook again.”
Those are strong words—reckless words if they are misapplied. Democrats deployed them amid reports that the Trump administration would not impose new sanctions on Russian entities in accordance with a bipartisan act of Congress. Donald Trump has not earned the benefit of the doubt when it comes to Russia, and the administration’s justification for holding back on sanctions is derisory. The sanctions bill itself, the administration insisted, has already served as a “deterrent” for bad actors. Nevertheless, Moscow continues its destabilizing behavior abroad and anti-democratic agitation at home.
But has the president flagrantly ignored the law and inaugurated a crisis of constitutional legitimacy, and done so to curry favor with a hostile power, as Trump’s Democratic critics have alleged? The answer won’t surprise you.
The Trump administration was required by the Countering America’s Adversaries Through Sanctions Act to give Congress both a classified and unclassified list of Putin allies and oligarchs that could be targeted for potential sanctions, which they did. The law also required the administration to provide a report detailing the impact of sanctions on Russia’s sovereign debt, which they did. The law provides the administration a 120-day grace period for the imposition of new sanctions on unspecified targets if the president can claim that those targets have already substantially reduced their business activities in the Russian defense and intelligence sectors. In a statement, the State Department declared “that foreign governments have abandoned planned or announced purchases of several billion dollars in Russian defense acquisitions,” therefore satisfying that requirement. The statement left open the possibility for more sanctions on Russian and non-Russian entities, but added that the State Department would not “preview” them.
Lawmakers who allege that this amounts to a “constitutional crisis” should be ashamed of themselves. Their hyperbole is wildly irresponsible. And yet, given Trump’s bizarre efforts to seek Vladimir Putin’s approval, those who dismiss the State Department’s comments are not entirely unjustified in thinking this is all obfuscation. Trump has, after all, worn his admiration for Russia and its strongman president on his sleeve. The president’s rhetoric aside, however, this administration has also demonstrated that it is perfectly comfortable adopting an aggressive posture toward Russia.
In its earliest days, the new Trump administration did seek a grand rapprochement with Russia—the third such overture by as many administrations over the last 15 years. But this latest “reset” with Russia didn’t survive the administration’s first winter. The White House did not lift Obama-era sanctions on Russia, either those tied to Moscow’s invasion of Ukraine or those linked to Russia’s intervention in the 2016 elections. A failed effort to engineer a split between Russia and its Iranian allies and the unsuccessful effort to persuade Moscow to pursue Western objectives in Syria sealed this new reset’s fate.
In the wake of this failed diplomatic offensive, the Trump administration began imposing new sanctions on Russian entities well before Congress took action. The Kremlin responded by expelling American diplomatic personnel from the Russian Federation. The Trump administration followed suit, expelling Russian diplomats and closing three U.S.-based Russian diplomatic facilities. In this period, the White House dragged its feet on implementing the new sanctions passed by Congress, but it also issued public guidance statements and listed potential targets including aviation, chemical and conventional arms manufacturers, and intelligence services even beyond what the last administration designated as targets of sanctions. These statements of purpose had the effect of curtailing commercial activity ahead of the imposition of new restrictions.
In November of last year, the Trump administration approved the sale of Patriot anti-missile systems and liquid natural gas to Poland, helping to liberate a target of Russian harassment from the threat both of kinetic force and of Moscow’s extortive energy policies. In December, the administration approved the sale of offensive arms to Ukraine, a nation that is at war with Russia and which has been asking for lethal aid since the invasions of the Donbas region and the Crimean Peninsula. That same week, the White House announced new financial and travel sanctions would be imposed on 52 government officials with Kremlin ties under the Magnitsky Act—the same anti-corruption law that the Russian-linked attorney Natalia Veselnitskaya lobbied the Trump campaign to ignore in an infamous Trump Tower meeting with campaign officials in the summer of 2016.
If the Trump administration is dedicated to selling out American sovereignty to Russia, they’re going about it in an extremely confused fashion.
And yet, you would only know any of this if you were paying close attention. The White House does not go around touting its laudably hawkish record on Russia. Perhaps administration members fear that, if they talk too loudly, the president might hear. Trump still clearly clings to his fantasy of a thaw with Russia. He continues to talk about that prospect as if it was realistic, and he rarely passes up an opportunity to praise the Russian strongman and his disgraceful record in office. If the president has engineered this stringent regime, he does not act like it.
The White House has allowed its opponents to shape public perceptions regarding its record on Russia. The Trump administration has a good case to make, but they’re not making it. They could list the ways in which they have boxed in Putin’s Russia and vastly improved on the last administration’s permissive record. The benchmark for appearing in thrall to despots in Moscow should be inking a “reset” with Russia months after Putin invaded and carved up Georgia. Similarly, outsourcing the enforcement of self-set red lines in Syria to Moscow, thus enabling an ongoing chemical genocide and setting the stage for a dangerous armed confrontation between Moscow and NATO forces in 2015, might be considered a form of naïve “collusion.” But the Trump administration isn’t making this argument.
Just as it would be blind to ignore the president’s hawkish record on Russia, it would be foolish to ignore the president’s history of obsequious toadying to Putin at the expense of American prestige. The administration has a short window to comply with the law, and the indications are that they eventually will. But this president has a narrative problem of its own making when it comes to Russia. Trump seems to think that if he admits what his administration freely concedes—that Russia interfered in the American political process, will do so again, and must be aggressively deterred from those destabilizing actions—it would sap his presidency of credibility. He has it precisely backward.
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Glibness at the Grammys
The price of myopia.
Noah Rothman 2018-01-29
The tectonic force that unearthed hundreds of allegations of sexual abuse and harassment and swept from the public square as many prominent alleged abusers has largely left the music industry unscathed. Largely, but not entirely. The music producer Russell Simmons, for example, faces claims from at least six women involving alleged abuse or assault over a quarter century. Confronting those allegations–and the fact that he was once honored by the Grammy Museum and hosted well-attended industry parties around the awards show–would be hard. It would be far easier to wear a symbolic white rose in solidarity with the victims of abuse and neglect. Guess which course last night’s Grammy attendees took?
Of course, the recording industry did not entirely miss this unique historical moment. There was speechifying. Despite the fact that the music industry’s old oaks have largely withstood the cleansing fires of this new age of candor, artists like Janelle Monáe confirmed that her business was not without its predators and victims like Kesha enjoyed earned prominence. But displays of valid indignation today only serve to emphasize how pervasive the institutional pressures that kept the preyed upon from speaking out once were. In many ways, those old pressures persist, but in ways that are visible only from a distance.
The “Me Too” movement has become about more than exposing and condemning sexual harassment and violence. It has become a movement dedicated to burying the notion that the powerful can escape censure from their peers if their public persona is agreeable enough or if they have the right politics. In that way, the Grammys failed spectacularly to meet the measure of this moment.
Undeniably, the most talked-about segment of Sunday night’s Grammys telecast was also its most ill-considered: a skit centered on the “spoken-word auditions” for the audio version of Michael Wolff’s dubious Washington tell-all, Fire and Fury. Reading from this factually-challenged account of the earliest days of the Trump White House gave recording artists an opportunity to cast aspersions on the president, but the sketch’s participants might come to regret it. The book’s author had appeared on HBO with Bill Maher on Friday where he strongly insinuated that the president was having an affair. Because this claim lacked any substantiation, he couldn’t put it in his already thinly-sourced book, which should have told everyone all they needed to know about the allegation. Wolff told viewers to seek out a specific reference in his book for clues to his riddle, and they dutifully obliged. The scavenger hunt led observes to conclude that Trump’s supposed paramour was United Nations Ambassador Nikki Haley.
Haley was compelled to spend the weekend insisting to reporters that she did not, in fact, sleep her way to the top, but was respected and valued by her colleagues in the White House based on her merit alone. She insisted that, again, Wolff got not only the headline but the basic supporting facts wrong. Haley had every right to publicly lament the politicization of the awards ceremony, particularly considering her ordeal.
The trivialization of Haley’s experience tainted this sketch, but it did not alone cast it in poor taste. It was the sketch’s payoff that should have led cooler heads to eighty-six the bit before it ever aired.
After a cavalcade of celebrities had read aloud from and riffed on Wolff’s book, the sketch reached its crescendo when former Secretary of State Hillary Clinton appeared as the final guest star. Clinton’s appearance held obvious political and comedy value, but it cheapened the night’s thematic condemnations of predatory men and their enablers.
Only 48 hours earlier, the New York Times revealed that Hillary Clinton herself intervened on behalf of a 2008 campaign staffer—her faith advisor, Burns Strider—who was accused of improper conduct involving a young woman. Strider was alleged to have repeatedly sexually harassed his subordinate and, when this came to the attention of Hillary Clinton’s campaign manager, Patti Solis Doyle, she immediately took it to the candidate and recommended Strider’s dismissal. But Hillary Clinton overruled her campaign manager. Instead, she docked her faith advisor’s pay and sent him off to counseling. His accuser was reassigned. After the campaign, Strider went to work for Clinton ally, David Brock, to prepare for the former secretary of state’s 2016 bid. Strider’s career was cut short, however, when he was again accused of harassing the young female aides in his orbit.
This sketch had no higher purpose than getting under the president’s skin, which isn’t a difficult task. In the process, however, it undermined the moral authority associated with yet another industry’s efforts to get right with its past and atone for the silences that were maintained in the pre-“Me Too” era. The Grammys should have scrapped the sketch, but misjudgment on the part of these entertainers is forgivable. It’s the malpractice on Hillary Clinton’s part that is not.
It was Hillary Clinton’s complicated legacy on matters involving accusations of infidelity, imbalanced power dynamics in relations involving subordinates, and the character of Bill Clinton’s accusers that rendered her unable to make Donald Trump’s indiscretions a campaign issue. Her continued presence on the political stage compels her fellow Democrats to strike a cautious balance on the subject of sexual assault. In the process, they water down their message and come off sounding more mealy-mouthed and opportunistic than righteous. Hillary Clinton cannot be expected to exercise the discretion necessary to help her fellow Democrats move forward in the Trump era, and so it will be up to them to see what works and what doesn’t. The inconsistency on display at the Grammys did not work.
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