McCaskill’s Intimidation Game

The Missouri senator runs attack ads not on her opponent but one of his supporters.

Team McCaskill is already employing the Democratic Party’s go-to tactic this midterm: character assassination. There’s not much else. The economy is humming, the party’s centrist and liberal wings are fighting, and the drumbeat of impending Trump doom isn’t finding much accompaniment. So in Missouri as elsewhere, candidates are reverting to personal attacks. But the McCaskill forces are piling on a guy who isn’t even running.

.. Indeed, they are attacking a private citizen and donor, David Humphreys. Back in March, Chuck Schumer’s Senate Majority PAC began plowing millions into attacks on the businessman, who donated to Mr. Hawley’s campaign for attorney general. The pattern is the same: An ad makes a malicious accusation against Mr. Humphreys, then sidles over to tar Mr. Hawley with guilt by association. Just how invested are they in this strategy? Since airing their first spot, 70% of Democratic ads—amounting to $4.7 million—have been focused on Mr. Humphreys.

.. Ms. McCaskill’s pickle is that the GOP has upped its recruitment game. Her only prior re-election bid in 2012 had her face off against Todd Akin, who self-immolated after his blundering comments on abortion and rape. Mr. Hawley—a savvier, younger man and squeaky clean—hasn’t provided a similar opening. A native Missourian and onetime U.S. Supreme Court law clerk, he arrived on the political scene only in 2016, becoming the Show Me State’s first Republican attorney general in 24 years.
.. Mr. Humphreys is a long and active participant in Missouri civic life. He’s been a major backer of judicial reform, so the trial bar loathes him. He pushed hard for the state’s recently enacted right-to-work law, so unions loathe him. He sits on the boards of the free-market Cato and Acton institutes, so liberals in general loathe him.
.. A liberal organization, Campaign for Accountability, sought to keep the affair in the news by filing an official complaint with a federal prosecutor in Missouri. It may now wish it hadn’t. Mr. Humphreys’s attorney recently got a letter from U.S. Attorney Timothy Garrison, stating that his office had followed protocol and referred the issue to the FBI, which determined that “there was no basis for further inquiry.”
.. That won’t stop the attacks because they serve a greater purpose. Beyond the smears against Messrs. Hawley and Humphreys, such ads are a warning to other donors. Don’t get involved, or your reputations and businesses will be next.
.. Intimidation and threats, leveled against private citizens, are now standard liberal practice.
.. It isn’t about transparency in the public interest; it’s about identifying new political targets.

The Coming Russia Bombshells

The confirmation this week that Hillary Clinton’s campaign and the Democratic National Committee paid an opposition-research firm for a “dossier” on Donald Trump is bombshell news. More bombshells are to come.

.. there’s something Fusion cares about keeping secret even more than the Clinton-DNC news—and that something is in those bank records.

.. If the House wins, don’t be surprised if those records include money connected to Russians. In the past Fusion has worked with Russians, including lawyer Natalia Veselnitskaya, who happened to show up last year in Donald Trump Jr.’s office.

..  We may learn the FBI knew the dossier was a bought-and-paid-for product of Candidate Clinton, but used it anyway. Or that it didn’t know, which would be equally disturbing.

.. And the more ugly info that came out (Fusion, Democratic clients, intelligence-for-hire) the more former Obama officials seemed skeptical of it. In May, former Director of National Intelligence Jim Clapper said his people could never “corroborate” its “sourcing.” In June, Mr. Comey derided it as “salacious and unverified.”

.. it is highly unusual for a law firm to pay bills without a client’s approval. Somewhere, Perkins Coie has documents showing who signed off on those bills, and they aren’t protected by attorney-client privilege.

..  If the Steele dossier reports (which appear to date back to June 2016) were making their way into the hands of senior DNC and Clinton political operatives, you can bet they were making their way to the Obama White House. This may explain why Obama political appointees began monitoring the Trump campaign and abusing unmasking. They were looking for a “gotcha,” something to disqualify a Trump presidency. Of course, they were doing so on the basis of “salacious and unverified” accusations made by anonymous Russians, but never mind.

Scalias All the Way Down

The president is stocking the courts with a class of brilliant young textualists bearing little relation to even their Reagan or Bush predecessors. Mr. Trump’s nastygrams to Bob Corker will be a distant memory next week. Notre Dame law professor Amy Coney Barrett’s influence on the Seventh U.S. Circuit Court of Appeals could still be going strong 40 years from now.

.. Mr. Trump has now nominated nearly 60 judges, filling more vacancies than Barack Obama did in his entire first year. There are another 160 court openings, allowing Mr. Trump to flip or further consolidate conservative majorities on the circuit courts that have the final say on 99% of federal legal disputes.

.. Harry Reid’s 2013 decision to blow up the filibuster for judicial nominees has freed the Trump White House from having to worry about a Democratic veto during confirmation. Mr. McGahn’s team (loaded with former Clarence Thomas clerks) has carte blanche to work with outside groups like the Federalist Society to tap the most conservative judges.

.. The result has been a band of young rock stars and Scalia-style textualists like Ms. Barrett, Texas Supreme Court Justice Don Willett and Minnesota Supreme Court Associate Justice David Stras.

.. Because Mr. Trump’s picks have largely spent their careers focused on administrative law and constitutional questions, few have gotten bogged down by controversial cultural rulings. They do have paper trails, but mostly on serious and technical issues. This helps reassure Republicans even as it deprives Democrats of the fodder they’d need to stage dramatic opposition.

.. Conservatives praised Mr. McConnell last year for refusing to consider Judge Merrick Garland, whom Mr. Obama had nominated to the Supreme Court. Less well known is the sheer number of federal judgeships Mr. McConnell sat on as the Obama administration wound down. Mr. Trump took office with 107 lower-court vacancies

.. The Trump judicial reset was never guaranteed. Mr. McConnell just happens to have a steely passion for remaking the judiciary. Previous majority leaders Trent Lott (best friends with trial lawyers) and Bill Frist (nice, nice) would never have gotten Justice Gorsuch confirmed. Those guys were the “establishment.”

The Trump judicial reset was never guaranteed. Mr. McConnell just happens to have a steely passion for remaking the judiciary. Previous majority leaders Trent Lott (best friends with trial lawyers) and Bill Frist (nice, nice) would never have gotten Justice Gorsuch confirmed. Those guys were the “establishment.”

..  Mr. Trump will keep baiting the media with shiny objects. In the background, government is being redone.

Washington’s Leak Mob

Trying to topple Trump, current and ex-officials damage national security.

The first 126 days of the Trump administration featured 125 stories that leaked harmful information. Just under one a day. The committee staff judged the stories against a 2009 Barack Obama executive order that laid out what counted as information likely to damage national security. And as it chose to not include borderline leaks or “palace intrigue” stories, that number is an understatement.

For reference, the first 126 days of the Obama term featured 18 stories that met the criteria. Ten of those were actually leaks about George W. Bush’s “torture memo,” which Mr. Obama released.

..  One clear example is the May stories hyperventilating that Mr. Trump shared classified intelligence with the Russians. Subsequent leaks suggested Israel provided the intelligence, about Islamic State. This revelation caused a diplomatic incident, and reportedly a change in the way Israel shares with the U.S. Even former Obama CIA Director John Brennan called the leak “appalling.”
.. This is lawbreaking, in the aid of a political hit job. The leaking syndicate can’t claim whistleblower status, since it has yet to leak a piece of evidence showing Trump wrongdoing. This is about taking out a president. And with a role model like James Comey —who wrote secret memos with the express purpose of leaking and launching a special counsel—that’s no surprise.
.. But as Mr. Mueller surely knows, the Espionage Act doesn’t trifle with intentions. As even the nonpartisan Congressional Research Service has noted, leaks enjoy “no First Amendment protection, regardless of the motives,” and no accused leaker “has ever been acquitted based on a finding that the public interest was so great” that it justified unlawful disclosure.
.. Mr. Mueller is sitting astride a leak crime wave, run by a bureaucratic underworld that is happy to harm U.S. interests if it maims a president.