National Review Comments: Pro and Anti-Trump

One wonders why a successful business or enterprise would have a reason to hire a “fixer.” You could poll the executives of the largest US corporations and companies and not find one fixer that needed to be retained do administer company business. The smart business people would subcontract the messy stuff (Facebook paying to have false dirt spread about George Soros comes to mind). For small endeavors, only those who intend to do bad things or cover them up, employ a Fixer. Criminal organizations for instance have them on the payroll. Even Mr McCarthy analogizes using figures in the Godfather. These are not good people. Where there is smoke, there may not always be fire. But where there is a criminal organization, there are always criminals.

.. We have just scratched the surface when it comes to all the “fixes” that Cohen provided for the president. We know about payoffs to porn stars.We know about trips to Russia during the campaign to makes deals for a Trump Tower near the Kremlin (with a $50 million penthouse for Putin to seal the deal). Soon, when the Trump tax returns (“So complicated”) are requested by the House Tax Committee, the story will get even more sorted.

Andrew McCarthy is right about one thing. Mueller is preparing a report. But he has also handed off part of that report to the Southern District of New York. There, they can begin a criminal case; a case that Trump can’t use his Get-Out-Of-Jail-Free card to keep his subordinates quiet. This report by Mueller is just the roadmap, one where others will soon follow up.
.. mtorillion:
.. The Clintons had, and perhaps still have, the bulk of the FBI and Justice Department running and blocking for them. That and the media support gave it an air of “officialdom” the Trump team does not have. The Trump team was all private people, not government fixers and perhaps. In other words, the core of the Deep State. 

.. Trump was elected despite having no friends among the established major figures of either party; he was nominated and elected despite the disdain of many of the elite information organs of the Right. He has far fewer natural vocal allies in conservative circles than any Republican president. It ought make serious conservatives take a second look at their virtuous opposition to him now that it is clear that many of the powers of the State were set in motion against his campaign even before his election and these officials—and the Left—have been tireless, since before his inauguration, in assaulting the legitimacy of his presidency.
Because he campaigned without Republican elites in his inner circle—most of whom would have nothing to do with him—and because he to this day has few strong allies among the Republican establishment, those who have been working most assiduously to destroy this presidency have understood from the outset that without having a firm foundation of support in DC itself, Trump is at special risk.

.. Certain writers at NRO and certain Commenters here are among the far too many conservatives willing to sacrifice this presidency because they despise the man whom people had the temerity to elect. They are determined to separate the rectitude of their judgment about political matters from that of the hoi polloi: the Mueller investigation is, for them, a necessary cleansing agent. Thus they latch onto a vague unsettling that arises from the sordid iniquities of the president, permitting them to set aside elementary constitutional concerns about placing a presidential administration from its inception under an investigative cloud without just cause.

 

Neal Katyal: Can’t Indict a President? That Could Hurt Trump

For that reason, the “can’t indict a sitting president” view is necessarily dependent on Congress having all of the information necessary to conduct thorough impeachment proceedings.

.. To say that a prosecutor cannot indict a sitting president is, by definition, to say that the prosecutor’s evidence must be given to Congress so that it may decide whether the president should remain in office. It means, in short, that should Mr. Mueller conclude he cannot indict a sitting president, he would also have to turn over all of the information he has uncovered to Congress.

.. If Mr. Giuliani is correct that Mr. Trump cannot be indicted, then the other idea being floated by Mr. Trump’s lawyers — that such testimony would amount to a “perjury trap” — makes little sense.

.. The president of the United States would be refusing to do what every other federal employee must do — provide evidence in a law enforcement proceeding — even when he faces no imminent criminal consequences.

.. But there is a deeper problem still. Mr. Giuliani appears to be making an argument not just about timing — that a sitting president cannot be indicted while in office — but also about the president’s being immune from the criminal process altogether. That is the basis for his claim that the president can refuse a subpoena, which harks back to the notorious statement of Richard Nixon that “when the president does it, that means that it is not illegal.”

.. Mr. Trump, whose Justice Department has, with his blessing, repeatedly overruled longstanding Justice Department positions at an unheard-of rate, is in no position to complain if Mr. Rosenstein overrules these two old opinions.
.. If indictment is off the table, then impeachment must be on it
.. if impeachment is off the table because of nefarious congressional activity, then indictment must be on it.

The Tragedy of James Comey

James Comey is about to be ubiquitous. His book will be published next week, and parts may leak this week. Starting Sunday, he will begin an epic publicity tour, including interviews with Stephen Colbert, David Remnick, Rachel Maddow, Mike Allen, George Stephanopoulos and “The View.”

.. Yet anybody who’s read Greek tragedy knows that strengths can turn into weaknesses when a person becomes too confident in those strengths. And that’s the key to understanding the very complex story of James Comey.

.. Long before he was a household name, Comey was a revered figure within legal circles.
.. But he was more charismatic than most bureaucrats — six feet eight inches tall, with an easy wit and refreshing informality. People loved working for him.
.. If you read his 2005 goodbye speech to the Justice Department, when he was stepping down as George W. Bush’s deputy attorney general, you can understand why. It’s funny, displaying the gifts of a storyteller. It includes an extended tribute to the department’s rank and file, like “secretaries, document clerks, custodians and support people who never get thanked enough.” He insists on “the exact same amount of human dignity and respect” for “every human being in this organization,”
.. Above all, though, the speech is a celebration of the department’s mission.
.. Many Justice Department officials, from both parties, have long believed that they should be more independent and less political than other cabinet departments. Comey was known as an evangelist of this view.
.. Comey sometimes chided young prosecutors who had never lost a case, accusing them of caring more about their win-loss record than justice. He told them they were members of the Chicken Excrement Club
.. Most famously, in 2004, he stood up to Bush and Dick Cheney over a dubious surveillance program.

But as real as Comey’s independence and integrity were, they also became part of a persona that he cultivated and relished.

.. Comey has greater strengths than most people. But for all of us, there is a fine line between strength and hubris.

Documents suggest possible coordination between CIA, FBI, Obama WH and Dem officials early in Trump-Russia probe: investigators

Newly uncovered text messages between FBI officials Peter Strzok and Lisa Page suggest a possible coordination between high-ranking officials at the Obama White House, CIA, FBI, Justice Department and former Senate Democratic leadership in the early stages of the investigation into alleged collusion between the Trump campaign and Russia, according to GOP congressional investigators on Wednesday.

We All Live on Campus Now

When elite universities shift their entire worldview away from liberal education as we have long known it toward the imperatives of an identity-based “social justice” movement, the broader culture is in danger of drifting away from liberal democracy as well.

If elites believe that the core truth of our society is a system of interlocking and oppressive power structures based around immutable characteristics like race or sex or sexual orientation, then sooner rather than later, this will be reflected in our culture at large. What matters most of all in these colleges — your membership in a group that is embedded in a hierarchy of oppression — will soon enough be what matters in the society as a whole.

.. The idea of individual merit — as opposed to various forms of unearned “privilege” — is increasingly suspect.

..  Any differences in outcome for various groups must always be a function of “hate,” rather than a function of nature or choice or freedom or individual agency

.. Polarization has made this worse — because on the left, moderation now seems like a surrender to white nationalism, and because on the right, white identity politics has overwhelmed moderate conservatism.

.. Trump plays a critical role. His crude, bigoted version of identity politics seems to require an equal and opposite reaction.

.. there’s a huge temptation to respond in kind.

.. anger is rarely a good frame of mind to pursue the imperatives of reason, let alone to defend the norms of liberal democracy.

..  Liberals welcome dissent because it’s our surest way to avoid error. Cultural Marxists fear dissent because they believe it can do harm to others’ feelings and help sustain existing identity-based power structures.

..  the impulse to intimidate, vilify, ruin, and abuse a writer for her opinions chills open debate.

.. An entirely intended byproduct of this kind of bullying — and Roiphe is just the latest victim — is silence.

.. only a member of a minority group can speak about racism or homophobia, or that only women can discuss sexual harassment.

.. The only reason this should be the case is if we think someone’s identity is more important than the argument they might want to make

..  left-feminists are not just interested in exposing workplace abuse or punishing sex crimes, but in policing even consensual sex for any hint of patriarchy’s omnipresent threat.

..  In the struggle against patriarchy, a distinction between the public and private makes no sense.

.. There’s a reason that totalitarian states will strip prisoners of their clothing. Left-feminists delight in doing this metaphorically to targeted men — effectively exposing them naked to public ridicule and examination because it both traumatizes the object and more importantly sits out there as a warning to others.

.. Besides, if they’re innocent, they’ll be fine!

.. can anyone justify why the POSSIBLE innocence of men is so much more important than the DEFINITE safety and comfort of women?”

..  we now have a “gender editor” at the New York Times, Jessica Bennett

.. Does she understand that the very word intersectional is a function of neo-Marxist critical race theory? Is this now the guiding philosophy of the paper of record?

.. At The Atlantic, the identity obsession even requires exhaustive analyses of the identity of sources quoted in stories. Ed Yong, a science writer, keeps “a personal list of women and people of color who work in the beats that I usually cover,” so he can make sure that he advances diversity even in his quotes.

..  there is no art that isn’t rooted in identity.

.. I don’t doubt the good intentions of the new identity politics — to expand the opportunities for people previously excluded. I favor a politics that never discriminates against someone for immutable characteristics

.. what we have now is far more than the liberal project of integrating minorities. It comes close to an attack on the liberal project itself. Marxism with a patina of liberalism on top is still Marxism — and it’s as hostile to the idea of a free society as white nationalism is.

.. the core concepts of a liberal society —

  • the individual’s uniqueness,
  • the primacy of reason,
  • the protection of due process,
  • an objective truth

— are so besieged, this is one of the reasons.

.. The goal of our culture now is not the emancipation of the individual from the group, but the permanent definition of the individual by the group. We used to call this bigotry. Now we call it being woke. You see: We are all on campus now.

.. prudence that worries about unintended consequences; that values thrift; that tries to insure itself against future risks; that takes the responsibility of government seriously; that worries about extreme rhetoric; that balances the budget; that insists on constantly taking pains to protect inconvenient constitutional norms; that defends existing institutions. I could go on. It all began with Burke’s recoil from the French Revolution.

.. Is there any institution in the West that is currently less conservative than the GOP?

.. No institution that is integral to our liberal democracy is immune from attack. This includes law enforcement (the FBI), the Justice Department, an independent and free press, the prerogatives of the opposition party, and regular order in the Congress.

It is a party that would impeach a State Supreme Court rather than give up its gerrymandered districts.

.. its cult leader never misses an opportunity to deepen racial divides and to inflame the gender wars.

.. Whatever else this record is, it is an open and outright assault on any concept of prudence, responsibility, or moderation. Which is to say it is an assault on conservatism itself.

.. If there is any future for the conservative soul and mind in America, it will have to start with the wholesale destruction of the current Republican Party. I made that case more than a decade ago now.

Third-highest ranking official at the Justice Department stepping down

Brand, 44, who has only been in her Senate-confirmed position for nine months, would have been in line to take over the supervision of special counsel Robert S. Mueller III’s Russia investigation if Deputy Attorney General Rod J. Rosenstein, the department’s No. 2 official, was fired by Trump or recused himself from the matter.

.. Brand is leaving the Justice Department for a top legal job at Walmart

.. When Trump was asked by a reporter whether he was then more likely to fire Rosenstein and whether he had confidence in him, Trump replied, “You figure that one out.”

.. With Brand’s departure, Solicitor General Noel Francisco is next in line at the Justice Department to oversee the Russia investigation after Rosenstein.

.. The news that Brand is leaving came as a surprise to many people who know her. The Federalist Society just announced Friday that Brand is scheduled to speak next week at a Washington chapter lunch.

.. Brand has one of the department’s more politically challenging jobs, managing the lawyers who litigate civil issues, including Trump’s travel ban as well as civil rights, environmental and antitrust cases.

y Justice Dept. told court of source’s political influence in request to wiretap ex-Trump campaign aide, officials say

A now-declassified Republican memo alleged that the Foreign Intelligence Surveillance Court was duped into approving the wiretap request by a politicized FBI and Justice Department.

.. The Justice Department made “ample disclosure of relevant, material facts” to the court that revealed “the research was being paid for by a political entity,” said one official

.. “No thinking person who read any of these applications would come to any other conclusion but that” the work was being undertaken “at the behest of people with a partisan aim and that it was being done in opposition to Trump,” the official said.

.. “We didn’t put in every fact, but we put in enough facts to allow the court to judge bias and motive and credibility of the sourcing,” said Matthew G. Olsen, former deputy assistant attorney general for national security who oversaw the Justice Department’s FISA program from 2006 to 2009.

.. Robert S. Litt, former general counsel to the director of national intelligence and a surveillance law expert, said, “I don’t find any of the allegations hugely problematic, in part because of the lack of context.”

.. Nunes said that the Page wiretap was “outrageous” and that it was based on “salacious information paid for by a political campaign.”

.. At issue was an application for surveillance on Page obtained in October 2016 under the Obama administration and renewed three times

.. To secure the warrant, the government had to persuade a federal judge there was probable cause to believe that Page was acting as an “agent of a foreign power” and engaged in criminal conduct.

.. “Only very select parts of what Christopher Steele reported related to Carter Page were included within the application, and some of those things were already subject to corroboration.”

.. A potentially damaging allegation is that the FISA application, which was based in part on information from Steele about Page’s July 2016 trip to Moscow, also cited a September 2016 Yahoo News article by reporter Michael Isikoff. “This article,” the memo states, “is derived from information leaked by Steele himself to Yahoo News.

In other words, the memo alleges the Yahoo News article amounted to circular reasoning.

.. Schiff said the article was not included in the application to corroborate Steele.

.. Kris said it’s more likely that the Justice Department cited the Yahoo News article “to show that the investigation had become public and that the target [Page] therefore might take steps to destroy evidence or cover his tracks.”