Two significant events took place yesterday. In one, the Attorney General went before the good people of the United States, and to put it kindly, embarrassed himself when he uttered misleading and deceptive statements regarding the Mueller Report. The other event was the release of the 448 page redacted report itself. In reading the Report it became clear that Attorney General William Barr is a shill for the President of the United States and will act in a manner consistent with many in the Trump Administration as outlined in the Mueller Report. Lying and abuse of power are the norm as is so evidently clear in the Report. (I have not yet read all of it — a compelling read, by the way. You can find it here. It reads a lot like a mob crime novel.) There is so much detail in the Report that it is easy to get distracted or to just stop and shake one’s head at the immoral and unethical activity detailed in it. For now, let’s take a big picture view of what did and did not come out of the Report.
Not to put too fine of a point on it, but the Report most certainly does not exonerate the president. It does not recommend prosecution of the president, but Special Counsel Robert Mueller clearly lays out a road map for Congress to act if it so chooses. More on that below.
The Report comes in two volumes, one on Russian-Trump Campaign coordination and one on obstruction of justice efforts. It is significant to note that the Report does not contain any counter-intelligence information. In other words, it doesn’t answer the question if one or more of those involved in the Trump Campaign and Administration were involved with a foreign power (or powers) to act in a way that furthered the interests of those countries at the expense of our own. A very major hole in the entire Report. It is also pertinent to remember, that Mr. Mueller took a very narrow view of his charter and stuck mainly to investigating Russian interference and the president’s subsequent reaction to that investigation. There are numerous “spin-off” investigations taking place in New York, Virginia, Washington D.C. and elsewhere. Those are not impacted by this Report.
When reading Volume I, remember that “collusion” is not a legal term. (Which makes it even more embarrassing that A.G. Barr said at least five times in his press conference that there was “no collusion.” Of course there wasn’t. It’s not a legal term. He was clearly pandering to an audience of one. But I digress.) Mr. Mueller does not use the term collusion anywhere in the report. The correct terms are conspiracy and coordination. Mr. Mueller said that the Trump Campaign activities did not rise to the level of a crime provable beyond the shadow of a doubt, but that there were numerous contacts between the campaign and the Russians. More specifically he wrote in the Introduction to Volume I that:
As set forth in detail in this report, the Special Counsel’s investigation established that Russia interfered in the 2016 presidential election principally through two operations. First, a Russian entity carried out a social media campaign that favored presidential candidate Donald J. Trump and disparaged presidential candidate Hillary Clinton. Second, a Russian intelligence service conducted computer-intrusion operations against entities, employees, and volunteers working on the Clinton Campaign and then released stolen documents. The investigation also identified numerous links between the Russian government and the Trump Campaign. Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts, the investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.
Russia interfered in the election. Russia actively worked to help Mr. Trump and damage Secretary Clinton. The Trump Campaign knew about it and expected to benefit from it.
In Volume II the Special Counsel lays out the reasoning behind not charging Mr. Trump with the crime of obstruction of justice. This section is, to me, quite interesting and exceedingly relevant. To the contrary of A.G. Barr’s assertion that Mr. Mueller could not make a determination, the Report clearly states why they did not recommend prosecution of the president for his actions. Mr. Mueller followed the existing policy of the Department of Justice (DOJ) that a sitting president cannot be indicted. However, he says, a president can be prosecuted after he leaves office. Therefore, the Report states in the introduction to Volume II, that in order to safeguard “the integrity of the criminal justice system, we conducted a thorough factual investigation in order to preserve the evidence when memories were fresh and documentary materials were available.” A big hint that criminal prosecution may be advisable in the future or that the Congress can use the information in the near term.
Additionally the Report goes on to say that it would not be fair to accuse the president of a crime, even though he is not indicted, because without an indictment no trial could be held and if there was no trial, then the accused could not defend himself. In other words, under the rules we can’t indict a president, so we can’t bring him to trial, therefore we won’t say he broke the law, but we won’t say he did not either. A considerable difference from the way A.G. Barr depicted the situation. In fact, Mr. Mueller lays down a pretty compelling case that Mr. Trump probably did obstruct justice beyond a reasonable doubt.
Here is the kicker. In the introduction the Report says that:
If we had confidence after a thorough investigation of the facts that the President clearly did not commit obstruction of justice, we would so state. Based on the facts and the applicable legal standards, however, we are unable to reach that judgment. The evidence we obtained about the President’s actions and intent presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred. Accordingly, while this report does not conclude that the President committed a crime, it also does not exonerate him.
In other words, we can’t say he committed a crime because then we would have to act, but we cannot act while he is in office, but (hint, hint) we do not exonerate him. In fact, the only reason that Mr. Trump did not further obstruct justice was because some of his staff would not lie or act illegally on his behalf. As the Report puts it, “The President’s efforts to influence the investigation were mostly unsuccessful, but that is largely because the persons who surrounded the President declined to carry out orders or accede to his requests.”
Who can take action? The Congress. The Report also takes note of that fact. In a long discussion of the legal precedents and other factors governing presidential powers and Congressional powers as delineated in the Constitution, it states in part that,
Under applicable Supreme Court precedent, the Constitution does not categorically and permanently immunize a President for obstructing justice through the use of his Article II powers. The separation-of-powers doctrine authorizes Congress to protect official proceedings, including those of courts and grand juries, from corrupt, obstructive acts regardless of their source.
The Report goes on to conclude that,
Finally, we concluded that in the rare case in which a criminal investigation of the President’s conduct is justified, inquiries to determine whether the President acted for a corrupt motive should not impermissibly chill his performance of his constitutionally assigned duties. The conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of office accords with our constitutional system of checks and balances and the principle that no person is above the law.
In the context of the full report, it seems that Mr. Mueller is trying to lay out a road map for the Congress to take action.
The real question is whether or not the Congress will act on this extremely damaging delineation of the rampant corruption and flouting of the norms that used to govern our presidents. Mr. Trump clearly has no interest in upholding his oath to defend the Constitution. Will Congress?
Many political arguments are underway as to the pros and cons of initiating impeachment hearings. One could argue that there should be no political considerations to be had. Either the Congress has the duty to begin such proceedings given what we know (which is only the tip of the iceberg) or it doesn’t.
It most definitely is not time to “just move along.” We must hold our elected officials to account. As the true magnitude of this Report sinks in we as a nation must make considered decisions as to how to deal with it. We either have a country of laws where no one is above the law or we do not. So far, it appears we do not. Even as I write this the president is in his lair at Mar-a-Lago using his Twitter feed to send out expletive filled expressions of rage to denigrate the Report, those that did the investigation, and those that had the courage to stand up to the president and refuse to do his bidding and told the truth about what happened.
Worse yet is that regardless of how one feels about Mr. Trump and what action should or should not be taken to hold him accountable, the evidence that the Russian Federation interfered in our 2016 election is irrefutable. And yet, the president, who took an oath “to preserve, protect and defend the Constitution of the United States” still refuses to acknowledge the attack on the United States.
That alone should be an impeachable offense.
My biggest concern is that once again the president will take away the lesson that he can get away with anything and not be held to account. Given his past performance, I think we can expect him to further ignore the law and to act outrageously. There is no one to stop him and he now has an Attorney General that acts as his personal attorney ready to protect him.
Let us hope that the House of Representatives continues to exercise their Constitutional duty to provide over sight of the Executive Branch of government. Otherwise, it’s “Katie bar the door.” Hang on for a wild ride.
“The 13 Angry Democrats (plus people who worked 8 years for Obama) working on the rigged Russia Witch Hunt, will be MEDDLING with the mid-term elections, especially now that Republicans (stay tough!) are taking the lead in Polls. There was no Collusion, except by the Democrats!”
— Donald J. Trump 29 May 2018 on Twitter.
“Why aren’t the 13 Angry and heavily conflicted Democrats investigating the totally Crooked Campaign of totally Crooked Hillary Clinton. It’s a Rigged Witch Hunt, that’s why! Ask them if they enjoyed her after election celebration!”
— Donald J. Trump 29 May 2018 on Twitter.
“This whole Russia Probe is Rigged. Just an excuse as to why the Dems and Crooked Hillary lost the Election and States that haven’t been lost in decades. 13 Angry Democrats, and all Dems if you include the people who worked for Obama for 8 years. #SPYGATE & CONFLICTS OF INTEREST!”
— Donald J. Trump 27 May 2018 on Twitter.
I am very nervous about the future of our country. The president is deliberately undermining the institutions that help to keep us safe in the law enforcement and intelligence communities. In addition, he is already claiming that if Republicans lose control of the House or Senate it is because Special Counsel Robert Mueller “meddled” in the election. Preposterous!
Let’s face it. The president lies. It is deliberate and pre-meditated. All three quotes above are his attempt to change the narrative regarding the investigation underway by Special Counsel Robert Mueller. They were some of the thirteen Tweets put out by the president over the holiday weekend relating to the investigation of Russian efforts to disrupt our elections. These statements go far beyond opinion and land squarely in the realm of consciously lying. We can no longer — if we ever really could — trust the president on anything he says.
The average citizen is just trying to get by from day-to-day. Going to work, taking care of one’s family and dealing with the rigors of daily life make it difficult to keep up with the continual barrage of information deliberately designed to deflect and distract. The issues are complicated and cannot fully be understood through a Tweet or a fifteen second sound bite on television. Totally understandable. In fact, Mr. Trump and his abettors count on that as they throw everything at the wall and see what sticks. But it is important to try to ferret out the truth.
“It would not be impossible to prove with sufficient repetition and a psychological understanding of the people concerned that a square is in fact a circle. They are mere words, and words can be molded until they clothe ideas and disguise.”
— Joseph Goebbels
For the moment, lets put policy changes aside. Many people support his efforts — although I am afraid he is going to destroy our economy through his capricious and erratic trade policies, which is why we should remember his multiple bankruptcies — and I can respect that, even if I disagree. I cannot ignore the daily character issues surrounding the president and his bullying and his attacks on institutions that keep America safe. Would you honestly look to Mr. Trump as an example for your children and grand children to emulate?
Here are the facts (but look them up for yourself, don’t rely on my word) as to what is going on most recently with the Russia investigation and thus the Tweets above:
- Last week Mr. Trump tried to get Congress to investigate the investigators investigating him by claiming that a “spy” was put into his campaign by the FBI. Despite originally saying that only Republicans would be briefed on the actual facts (no politicizing of intelligence in this case!), senior members of both parties (known as the Gang of Eight) were briefed. There was no there there. Nothing. Bumpkiss. Nada. Just one more in a long line of false accusations put out by the president. Claims of wiretapping of Trump Tower, an “unmasking scandal” of intelligence intercepts, etcetera, etcetera, etcetera (with apologies to Yul Brynner in the King and I).
- The leadership of the Department of Justice (DOJ), FBI, and the Special Counsel are all Republicans and appointed by Republicans. Some by the president directly.
- The FBI actually helped Mr. Trump’s 2016 campaign. The FBI and DOJ received information from an allied intelligence source that three individuals with his campaign did or may have close ties to the Russians with the intent of interfering with the election. It was their duty to investigate a possible assault on our electoral system and indeed, that one or both of the campaigns were being disrupted. An informant met with the three to assess the depth of their knowledge and possible associations with known Russian operatives. By the way, the informant worked in the administrations of Presidents Nixon, Ford, and Reagan. (Also all Democrats?!)
- FBI Director Comey publicly announced an investigation into Secretary Hillary Clinton — twice — during the campaign. The investigation into the Trump campaign was kept secret so as not to disrupt his campaign or impugn anyone on his staff until the facts were known.
- The Mueller Team has approximately sixteen lawyers with experience in both Republican and Democrat administrations supported by roughly thirty-six staff, including investigators and non-attorneys.
- The “witch hunt,” after only a year, has already resulted in nineteen indictments including Mr. Trump’s National Security Adviser, former campaign manager and the assistant campaign manager.
- Mr. Mueller’s team does not leak information, which gives the field of public opinion completely to Mr. Trump and his abettors. That said, it is widely believed that Mr. Mueller is looking into the following crimes.
- Russian election interference.
- Links between Trump associates and Russian officials.
- Collusion between the Trump campaign and Russian agents.
- Obstruction of Justice.
- Financial transactions including money laundering and tax evasion.
- Violations of federal campaign laws.
- I could fill pages more of facts directly countering the president’s pronouncements.
Look at how Mr. Trump says what he does. Very rarely does he dispute the facts. Rather he creates falsehoods and/or attacks individuals or institutions. There are no specifics, but only vague accusations. As a result, he can never be wrong and can, when that proves to be a dead end, he just comes up with the next wild and false thing.
Apparently, he wants to use the DOJ and FBI as a personal force, loyal to him rather than the nation and the rule of law. He will not stop until he gets what he wants and is willing to destroy anyone or any institution to protect himself and his self-interests. Obviously he is getting increasingly desperate as the investigators close in around him. We should all worry about just how desperate he may get. Mr. Trump will not go quietly into the night.
I fervently hope that our nation’s leaders, Democrats and Republicans, stand tall and remind the president that no American is above the law.
Vladimir Putin is thrilled. His efforts are paying off beyond his wildest hopes.
“Those who are capable of tyranny are capable of perjury to sustain it.” — Lysander Spooner
Yesterday, Deputy Attorney General Rod Rosenstein announced the indictment of 13 Russian nationals and three Russian organizations as a result of the ongoing investigation conducted by Special Counsel Robert Mueller. The indictment shows that the clear intent of their actions was to undermine the 2016 presidential election and to favor the election of Donald Trump. (Read the full 37 page indictment here.) The indictment details how the Russians conducted “information warfare against the United States of America.” This was no fly-by-night operation as the core entity, Internet Research Agency, had at least 80 full-time employees and a monthly budget of approximately 73 million Russian rubles a month (about 1.25 million dollars a month).
According to the indictment, the purpose of the covert Russian activity, which included putting undercover Russian operatives in the United States, was to engage “in operations primarily intended to communicate derogatory information about Hillary Clinton, to denigrate other candidates such as Ted Cruz and Marco Rubio, and to support Bernie Sanders and then-candidate Donald Trump.” Once the nominees were selected, the operation focused solely on supporting Mr. Trump and denigrating Mrs. Clinton, including active efforts to discourage possible Clinton supporters from voting for her by spreading false and misleading information.
The Internet Research Agency had hundreds of additional support employees (trolls and other social media experts) beyond the core 80 and included a graphics department, a data analysis department, a search-engine optimization department, an IT department and a finance department. It was organized with branch heads and assigned duties. Very sophisticated.
Ultimately the operation’s interference in the 2016 election was not limited to social media or cyberspace. They also played “dirty tricks” at campaign rallies, organized their own rallies and otherwise put out derogatory and inflammatory information. For example, in the indictment it states that at one such event they tried to promote the idea that Mrs. Clinton was pro-Muslim by convincing an unaware American citizen to carry a sign “depicting Clinton and a quote attributed to her stating ‘I think Sharia Law will be a powerful new direction of Freedom.'” They also bought ads on Facebook and other sources claiming that Mrs. Clinton committed “voter fraud” amplifying one of Mr. Trump’s constant refrains. And more.
But you can read the indictment for yourself.
Here’s the rub.
What is the President of the United States doing to protect our country from a sophisticated asymmetrical attack on our homeland? So far? Nothing.
As the NY Times says, Mr. Trump’s “conspicuous silence” is a clear lack of leadership. His only reaction as of this writing is to tweet that “Russia started their anti-US campaign in 2014, long before I announced that I would run for President. The results of the election were not impacted. The Trump campaign did nothing wrong – no collusion!” It’s only about him — not the nation or our security. Oh by the way, how do you think the Russians and other adversaries around the world view his response? One word. Weak.
There are many factual errors in his tweet, among them the fact that the indictment said nothing about whether there was or was not collusion — a totally separate issue from this one — and the start date also has nothing to do with the activities of the Russians or the fact that they favored Mr. Trump and actively worked to get him elected.
(As and aside, for all you conspiracy theorists out there, Mr. Trump visited Moscow in 2013. Is it not conceivable that he conspired with the Russians then to aid an upcoming presidential campaign? Even though he had not announced it publicly? Or maybe the Russians blackmailed him into running with the express purpose of undermining U.S. democracy and attempting to install him in the White House? The operatives arrived in 2014 because it takes time to set up an effective covert operation, integrate into the community, establish ties and learn the lay of the land before Mr. Trump announced his candidacy in 2015. But then, I am not a conspiracy theorist.)
Here’s my real point.
Where is the outrage? Where is the United States’ response to a clear and present danger? What are we doing to punish the Russians for this grievous attempt to undermine our democracy? No outrage from the administration. No warnings to Russia. Gosh, the president refuses to implement sanctions against Russia already overwhelmingly approved by bipartisan votes in both the House and the Senate last summer. What is wrong with him? Will he continue to call the Russian involvement a “hoax” perpetrated by the Democrats as he has consistently and constantly done? Apparently so, if the statements coming from his press office today are any indication.
Remember that this is only one area of the Special Counsel’s investigation. Still to come is the result of investigations into the hacking of the Democratic National Committee; the hacking of Clinton campaign chairman John Podesta’s emails; a June 2016 meeting with a Russian lawyer at Trump Tower which Mr. Trump Jr. thought would deliver “dirt” on Mrs. Clinton; and the guilty pleas of Michael Flynn, the president’s former national security adviser, and another campaign adviser. Mr. Trump’s campaign manager Paul Manafort and his deputy Rick Gates have been indicted. Not to mention possible obstruction of justice charges. There is a lot going on for a “hoax.” Additionally, just because there is no allegation made in one indictment does not mean that it won’t be made in other ones in the future. If one saw or reads Mr. Rosenstein’s announcement releasing the indictments, he was very, very careful in his wording. To me he seemed to be signalling that just because no campaign or other U.S. officials were named in this indictment, it does not mean that there will not be some in other indictments yet to come.
Again. Read the indictment. Decide for yourself. I find it to be dereliction of duty by the Commander-in-Chief if the United States does not respond to this attack by the Russians. I am trying to give the president the benefit of the doubt thinking that maybe a response is being planned even as I write this. I hope so. However, even if the administration is planning such a response, one would rightly expect a clear, precise and strongly worded statement from the president condemning the Russian activity by now. It is discouraging to note that this administration has yet to hold even one cabinet level meeting or even one inter-agency task force meeting to address the issue. Just this week, all of the heads of our intelligence agencies testified before Congress that the Russians were still trying to disrupt our democracy and would surely attempt to disrupt the 2018 and 2020 elections. And we do nothing.
Where is the outrage? More importantly, where is the action to combat an attack by the Russians?