In 1988, senior members of Reagan’s administration, including Lt. Col. Oliver North, were charged with conspiracy to defraud the United States over their alleged roles in illegally selling arms to Iran and passing the proceeds to rebels in Nicaragua.
The affair was investigated by Congress and independent counsel Lawrence Walsh. By the time it was over, 14 people were criminally charged and 11 were convicted — although all 11 either had their convictions overturned or received pardons from Reagan’s successor, George H. W. Bush.
Walsh later complained bitterly that the Reagan and Bush administrations stymied his investigation, including through those pardons, which were pushed hard by Bush’s then-attorney general, William Barr. Barr later recalled: “I favored the broadest pardon authority.” Perhaps not coincidentally, Barr has now been called back to the DOJ by Trump to oversee the final stages of the Mueller investigation.
.. Renato Mariotti, a former prosecutor and close Mueller-watcher, argues that the special prosecutor is unlikely to roll out a grand conspiracy — for the simple reason that it would be extremely difficult to prove beyond a reasonable doubt.
After all, even behavior that appears to be a clumsy attempt at coordination might fall short of serving as evidence of conspiracy: Recall when Trump famously asked Russia to hack Hillary’s emails in the middle of the campaign.By making that call during a press conference, Trump actually made it harder to prove in court that he was somehow intentionally conspiring with Russians in the hacking of her computer, which took place later that same day.“I think most prosecutors would be reluctant to charge that, because he could say it was said in jest,” said McQuade.
FISA-Gate Is Scarier Than Watergate
The press used to uncover government wrongdoing. Today’s press is defending it.
The Watergate scandal of 1972–74 was uncovered largely because of outraged Democratic politicians and a bulldog media. They both claimed that they had saved American democracy from the Nixon administration’s attempt to warp the CIA and FBI to cover up an otherwise minor, though illegal, political break-in.
In the Iran-Contra affair of 1985–87, the media and liberal activists uncovered wrongdoing by some rogue members of the Reagan government. They warned of government overreach and of using the “Deep State” to subvert the law for political purposes.
.. The new FBI director, Christopher Wray, has also reassigned the FBI’s top lawyer, James Baker, who purportedly leaked the Steele dossier to a sympathetic journalist.
.. Once again, an administration is being accused of politicizing government agencies to further agendas, this time apparently to gain an advantage for Hillary Clinton in the run-up to an election.
.. There is a similar pattern of slandering congressional investigators and whistleblowers as disloyal and even treasonous.
.. This time around, the press is not after a hated Nixon administration. Civil libertarians are not demanding accountability from a conservative Reagan team. Instead, the roles are reversed.
.. Barack Obama was a progressive constitutional lawyer who expressed distrust of the secretive “Deep State.” Yet his administration weaponized the IRS and surveilled Associated Press communications and a Fox News journalist for reporting unfavorable news based on supposed leaks.
.. Progressives are not supposed to destroy requested emails, “acid wash” hard drives, spread unverified and paid-for opposition research among government agencies, or use the DOJ and FBI to obtain warrants to snoop on the communications of American citizens... Liberal and progressive voices are excusing, not airing, the excesses of the DOJ and FBI.
Apparently, weaponizing government agencies to stop a detested Donald Trump by any means necessary is not really considered a crime.
The Memo and the Mueller Probe
If the investigation arose from partisan opposition research, what specific crime is he looking into?
The Steele dossier is 35 pages of opposition research on Donald Trump, described by former FBI Director James Comey as “salacious and unverified.” It was paid for by Hillary Clinton’s campaign and the Democratic National Committee, and compiled by Christopher Steele, a former British intelligence agent who had a luminous dislike for Mr. Trump and was also an informant for the FBI.
.. the FBI’s only objection to the House memo at the time of its release was that it was incomplete, not that it disclosed sources and methods.
.. How does possible misconduct by senior FBI officials, which is certainly bad enough, intersect with the Mueller investigation? As follows: The Justice Department regulation that authorizes the appointment of special counsels requires a determination that a “criminal investigation” is warranted, and that there is a conflict or other good reason that prevents ordinary Justice Department staff from conducting it.
.. The letter from Deputy Attorney General Rod Rosenstein appointing Mr. Mueller says he is to “conduct the investigation confirmed by then-Director James Comey before the House Intelligence Committee on March 20, 2017,” which covers “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump,” and any matters that may arise “directly” from that investigation.
.. “links” or “coordination”—or “collusion,” a word that does not appear in the letter of appointment but has been used as a synonym for coordination—does not define or constitute a crime.
.. By contrast, the Watergate, Iran-Contra and Whitewater investigations, whatever you think of how they were conducted, identified specific crimes. The public knew what was being investigated.
.. none of the charges Mr. Mueller has brought thus far involved “coordination” or “collusion” with the Russians.
.. the public should get access to a carefully redacted copy of the FISA application and renewals, so we can see whether officials behaved unlawfully by misleading a court; and Mr. Mueller’s mandate should be defined in a way that conforms with the legal standard of his office
The presidency survived the Watergate, Iran-contra and Clinton scandals. Trump will exact a higher toll.
Histories of past presidential scandals reveal common threads and turning points — but also show how Trump stands alone.
American presidents get the scandals they deserve.Richard Nixon’s paranoia produced Watergate. Ronald Reagan’s indifference contributed to Iran-contra. Bill Clinton’s appetites led to impeachment. And Donald Trump’s delusions — about his singular abilities and the impunity of his office — are propelling the crisis of legitimacy threatening his presidency... What distinguishes the Trump scandal is how its central character appears to combine the worst qualities of his troubled predecessors. How, rather than evolving into scandal, this presidency was born into it. And above all, how perceptions of the president’s integrity and honor — which proved critical in the outcomes of past political and constitutional crises — are barely an issue for a man without moral high ground left to lose.
.. This is not President Trump in 2017, but rather descriptions of Clinton and Nixon, respectively, at the height of the Lewinsky and Watergate sagas. Indeed, one of the most recurring images of a White House in turmoil is the isolated and vengeful commander in chief
.. Trump may spend lonely nights and mornings with the remote and the phone, but historically speaking, he has plenty of company.
.. Haig even repeatedly urged a top telecommunications policy official to not bring anything substantive to Nixon’s attention. “The President isn’t in any shape to deal with this,” he explained.
.. Clinton’s famous ability to compartmentalize, to carry on amid the ever-expanding inquiry by independent counsel Kenneth Starr, was largely for show, Baker reports. “In private, Clinton was consumed with the Starr investigation and its collateral damage, sometimes so preoccupied that he appeared lost during meetings.” Clinton told Cabinet members that he had woken up “profoundly angry” every day for 41/2 years. Imagine what his morning tweetstorms would have been like.
.. In the same way Trump says digging into his personal finances would be a red line Mueller should not cross, Nixon regarded Cox’s attempts to secure his tapes as “the ultimate defiance” meriting dismissal.
.. The effort by Trump and his supporters in the right-wing media to depict Mueller’s probe into Russian electoral interference as a partisan “witch hunt” — another common phrase across these scandals — is a time-honored tactic for any White House under siege. Haig and Nixon press secretary Ron Ziegler agreed on the need to “place the impeachment issue in as partisan a light as possible,” and the Clinton team reached the same conclusion more than 20 years later. Baker describes the latter group’s strategy during the impeachment fight: “Attack the accusers, demonize the investigators, complain about partisanship while doing everything to foment it.”
.. Poindexter, who saw himself as “the head of an American version of a Roman praetorian guard around the president, loyal and responsible to him alone,”
.. Clinton aide Paul Begala “sank into a deep depression” during the Monica Lewinsky scandal, Baker writes, and vowed never again to appear on television defending the president.
.. Their true challenge is less about surviving Trump’s eruptions than simply living with the choice they’ve made, convincing themselves that service to the nation — passing a tax cut, forestalling a war, reducing immigration — is worth it.
.. Trump’s refusal to accept the U.S. intelligence finding that the Kremlin sought to tilt the 2016 election in his favor mirrors the stubbornness of his predecessors. Reagan went along with the sale of arms to Iran in an effort to free American hostages, though “always telling himself that it was not an arms-for-hostages deal,”
.. Nixon lawyer J. Fred Buzhardt concluded that the 37th president lied not just to others but to himself. It was an easy tell, Woodward and Bernstein explain: “Almost invariably when [Nixon] lied, he would repeat himself, sometimes as often as three times — as if he were trying to convince himself.”
.. Mike McCurry, Clinton’s press secretary, decided to leave the White House before the impeachment proceedings got underway, in part to avoid “becoming the Ron Ziegler of his era,” Baker explains.
.. Trump appears
- Nixonian in his disregard for democratic norms,
- Clintonian in his personal recklessness and
- beyond Reaganesque in his distance from the details of policy.
.. But where the parallels and parables of past scandals fall apart is with Trump’s well-documented disregard for truth.
.. When Nixon speechwriter Patrick Buchanan, among the most devoted of the president’s men, explained to Nixon family members why a damning Oval Office recording meant that resignation was inevitable, he emphasized not law but dishonesty. “The problem is not Watergate or the cover-up,” he argued. “It’s that he hasn’t been telling the truth to the American people. The tape makes it evident that he hasn’t leveled with the country for probably eighteen months. And the President can’t lead a country he has deliberately misled.”
.. “She could not get over Clinton’s recklessness — it was as if he could not stop doing wrong, could not tell the truth,”
.. Ziegler was adamantly opposed to releasing transcripts, Woodward and Bernstein write, because “there was rough language on the tapes,” candid discussions that would “offend Middle America, destroy his mandate.” Once certain transcripts were made public, Nixon lawyer Leonard Garment worried that president had “allowed America into the ugliness of his mind