Attorney General William P. Barr pulled out of a Thursday hearing of the House Judiciary Committee, and he has left House lawmakers who are investigating the president fuming and calculating.
In the letter, the special counsel took Mr. Barr to task for the way that the attorney general had initially summarized his findings, leaving “public confusion about critical aspects of the results of our investigation.” That appeared to undercut Mr. Barr’s claims at a House hearing on April 9 that he was not aware of any such discontent.
“What is deadly serious about it is the attorney general of the United States of America was not telling the truth to the Congress of the United States,” Ms. Pelosi told reporters. “That’s a crime.”
The Justice Department and Republicans on Capitol Hill fired back; Kerri Kupec, a department spokeswoman, called Ms. Pelosi’s comments a “baseless attack” that was “reckless, irresponsible and false.”
Mr. Barr had offered his own defense on Wednesday, telling senators that his comments about not knowing the feelings of the special counsel’s office referred to the investigators — not Mr. Mueller himself.
The calls for Mr. Barr to be held in contempt of Congress stem not from Mr. Mueller’s letter or his refusal to appear in front of the committee on Thursday. Instead, they follow the Justice Department’s decision not to honor the House Judiciary Committee’s subpoena for Mr. Mueller’s report without redactions and all the evidence his investigators collected.
Democrats are not alone in their unhappiness over how the nearly two-year special counsel investigation is coming to a close.
In a letter to Mr. Barr that was dated April 19 but released on Thursday, a top White House lawyer, Emmet T. Flood, complained that the special counsel had violated the regulations governing his appointment by failing to reach a prosecutorial decision on obstruction of justice. Mr. Flood described Mr. Mueller’s findings as a 182-page discussion of evidence that were “part ‘truth commission’ report and part law school exam paper.”
Echoing Mr. Trump’s complaints about the “deep state,” though couching them in legalese, Mr. Flood accused unnamed officials of “a campaign of illegal leaks” to damage the president. He said James B. Comey, the former F.B.I. director, who was not named in the letter, had talked to reporters about his encounters with Mr. Trump to engineer the appointment of a special counsel.
“That the head of our country’s top law enforcement agency has actually done so to the president of the United States should frighten every friend of individual liberty,” Mr. Flood wrote.
Mr. Flood cautioned the attorney general that despite choosing against exerting executive privilege over material contained in the report, the president maintained the right to conceal raw evidence collected by the special counsel and to block witnesses from appearing before Congress.
Officially, Mr. Barr refused to show for the Judiciary Committee hearing because Democrats had insisted that he sit for questioning from Democratic and Republican staff lawyers. In a statement on Wednesday, Ms. Kupec called Democrats’ demands “unprecedented and unnecessary.” She said Mr. Barr would be happy to testify if Democrats would drop that demand.
Mr. Cohen was not having it. “Chicken Barr should have shown up today and answered questions,” he told reporters. “An attorney general who’s picked for his legal acumen and his abilities would not be fearful of attorneys questioning him for 30 minutes.”
Seeking to dramatize the attorney general’s absence, Democrats set out an empty chair with a name card for Mr. Barr and insisted it was their prerogative to decide how to run their hearings.
“The so-called attorney general is abrasive, evasive and unpersuasive,” said Representative Hakeem Jeffries of New York, the No. 5 House Democrat and a member of the Judiciary Committee. “He is a disgrace to the office that he currently holds.”
Representative Doug Collins of Georgia, the top Republican on the committee, lit into his Democratic colleagues for making “ludicrous” demands and accused Mr. Nadler of manufacturing a conflict instead of trying to get at the truth.
“The reason Bill Barr is not here today is because the Democrats decided they did not want him here today,” Mr. Collins said, his rapid-fire Georgia accent winding up in indignation.
When Republicans tried to prolong the brief session with parliamentary objections, Mr. Nadler gaveled out, cut the microphones and walked out of the hearing room.
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.
the alt-right appealed to the young men — all of whom are white, conservative, and Evangelical — because it’s daring, and because the spirituality of megachurch Evangelicalism (in the kid’s view) is insipid. There was nothing much to inspire or to hold them. The alt-right fake “gospel” offered them an easy explanation of why they felt alienated and powerless, provided them with an enemy, and stoked their rage.
..It is anti-Christian, and it has strong arguments to make — not “strong” in the sense of “persuasive” (Rose is very much against the alt-right), but not arguments that can be easily dismissed with cries of “bigotbigotbigot!”
.. The alt-right is not stupid. It is deep. Its ideas are not ridiculous. They are serious. To appreciate this fact, one needs to inquire beyond its presence on social media, where its obnoxious use of insult, obscenity, and racism has earned it a reputation for moral idiocy. The reputation is deserved, but do not be deceived. Behind its online tantrums and personal attacks are arguments of genuine power and expanding appeal. As political scientist George Hawley conceded in a recent study, “Everything we have seen over the past year suggests that the alt-right will be around for the foreseeable future.”
.. The alt-right is anti-Christian. Not by implication or insinuation, but by confession. Its leading thinkers flaunt their rejection of Christianity and their desire to convert believers away from it. Greg Johnson, an influential theorist with a doctorate in philosophy from Catholic University of America, argues that “Christianity is one of the main causes of white decline” and a “necessary condition of white racial suicide.”
..“Like acid, Christianity burns through ties of kinship and blood,” writes Gregory Hood, one of the website’s most talented essayists. It is “the essential religious step in paving the way for decadent modernity and its toxic creeds.”
.. Alt-right thinkers are overwhelmingly atheists, but their worldview is not rooted in the secular Enlightenment, nor is it irreligious. Far from it. Read deeply in their sources—and make no mistake, the alt-right has an intellectual tradition—and you will discover a movement that takes Christian thought and culture seriously. It is a conflicted tribute paid to their chief adversary. Against Christianity it makes two related charges.
Beginning with the claim that Europe effectively created Christianity—not the other way around—it argues that Christian teachings have become socially and morally poisonous to the West. A major work of alt-right history opens with a widely echoed claim: “The introduction of Christianity has to count as the single greatest ideological catastrophe to ever strike Europe.”
.. Nietzsche got there first, of course — and he was not wrong about Christianity being a religion that exalts the meek.
.. Oswald Spengler’s Decline Of The West as a foundational text of the alt-right:
If Spengler’s theology is tendentious, his portrait of Western identity is deceptively powerful. To a young man lacking a strong identity he says, “This heroic culture is your inheritance, and yours alone. You stand in a line of men who have attained the highest excellences and freely endured the hardest challenges. Albert the Great, Cortés, Newton, Goethe, the Wright brothers all carry this daring spirit, and so do you.”
.. The juxtaposition was comic, just as it is comic to think about an obese, slovenly white guy vaping in front of his TV wearing a t-shirt sporting an image of, I dunno, Charlemagne, and a slogan claiming to be part of his lineage.
.. someone who is poor and at the bottom of the social hierarchy would find it consoling to identify with a hero — specifically, a racialized hero
.. There is no better introduction to alt-right theory than [Alain de Benoist’s] 1981 work On Being a Pagan. Its tone is serene, but its message is militant. Benoist argues that the West must choose between two warring visions of human life:
- biblical monotheism and
Benoist is a modern-day Celsus. Like his second-century predecessor, he writes to reawaken Europeans to their ancient faith. Paganism’s central claim is simple: that the world is holy and eternal. “Far from desacralizing the world,” Benoist tells us, paganism “sacralizes it in the literal sense of the word, since it regards the world as sacred.” Paganism is also a humanism. It recognizes man, the highest expression of nature, as the sole measure of the divine. God does not therefore create men; men make gods, which “exist” as ideal models that their creators strive to equal. “Man shares in the divine every time he surpasses himself,” Benoist writes, “every time he attains the boundaries of his best and strongest aspects.”
.. Benoist’s case against Christianity is that it forbids the expression of this “Faustian” vitality. It does so by placing the ultimate source of truth outside of humanity, in an otherworldly realm to which we must be subservient.
.. He accuses Christianity of crippling our most noble impulses. Christianity makes us strangers in our own skin, conning us into distrusting our strongest intuitions. We naturally respect beauty, health, and power, Benoist observes, but Christianity teaches us to revere the deformed, sick, and weak instead.
“Paganism does not reproach Christianity for defending the weak,” he explains. “It reproaches [Christianity] for exalting them in their weakness and viewing it as a sign of their election and their title to glory.”
.. Christianity is unable to protect European peoples and their cultures. Under Christianity, the West lives under a kind of double imprisonment. It exists under the power of a foreign religion and an alien deity. Christianity is not our religion. It thereby foments “nihilism.”
.. its universalism poisons our attachments to particular loyalties and ties. “If all men are brothers,” Benoist claims, “then no one can truly be a brother.”
.. Politics depends on the recognition of both outsiders and enemies, yet the Christian Church sees all people as potential members, indeed potential saints.
.. Christianity imparted to our culture an ethics that has mutated into what the alt-right calls “pathological altruism.” Its self-distrust, concern for victims, and fear of excluding outsiders—such values swindle Western peoples out of a preferential love for their own.
.. “Christianity provides an identity that is above or before racial and ethnic identity,” Richard Spencer complains. “It’s not like other religions that come out of a folk spirit.
.. invoking race as an emergency replacement for our fraying civic bonds. It is not alone; identity politics on the left is a response to the same erosion of belonging.
.. The alt-right is anti-Christian. But you cannot effectively fight the alt-right with progressive pieties and outrage. Nor can you effectively resist it with conventional conservative pieties, ones that do not address the crises that the alt-right is responding to
.. Richard Spencer is evil, but he is not stupid.
.. 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.
.. Conventional conservatism is doing nothing, or nothing effective, to resist this tyranny. Do you know who does stand up to it, unapologetically? The alt-right. Andrew Sullivan’s piece is not about the alt-right, but I see both him and Matthew Rose sounding a very similar alarm. Pay attention; this is serious.
.. You too, conventional liberals: your own acceptance and promotion of illiberal, racialist ideology under the guise of “social justice” is calling up these demons on the Right. The best way you can fight the alt-right is to fight the SJWs, whose militancy, and whose effective militancy, can only make the alt-right stronger.
The truth requires greater transparency
.. That experience teaches me that the memo simply doesn’t make its case. Indeed, it gets less persuasive — and the material omissions more glaring — with each successive read. It might disclose the existence of troubling FBI misconduct, but the fair-minded reader has no way of knowing whether it does.
.. A good summary always supports assertions with evidence. A good summary provides context. A good summary even includes relevant information that contradicts its thesis so that the reader can evaluate the best counter-arguments.
.. legal arguments typically depend on lawyers taking thousands (sometimes tens of thousands) of pages of depositions and documents, crafting a concise narrative, and communicating that narrative to a judge — with citations referring to the relevant evidence and quotations of it as well.
.. If there is no citation or quotation, a judge will typically ask the lawyer, “Counselor, what record evidence supports that assertion?”
.. One of the first and most vital assertions in the entire memo is the claim that “the ‘dossier’ compiled by Christopher Steele (Steele dossier) on behalf of the Democratic National Committee (DNC) and the Hillary Clinton campaign formed an essential part of the Carter Page FISA application.” This statement is initially offered without proof. One has to read down to the next page to see any reference to evidence:
Furthermore, Deputy Director [Andrew] McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.
.. When I read this, I had two immediate thoughts. First, what did he actually say? And second, why the subtle change in language from the argument that the “dossier” was an “essential part” of the FISA application to the statement that the warrant wouldn’t have been sought without the dossier “information”? The “dossier” and the “information” are not the same thing.
.. An effective memo would do more to end the debate. How? By quoting the relevant portions of McCabe’s testimony.
Better yet, it could quote the testimony and attach an appropriately redacted copy of the testimony as an appendix.
.. Even the characterization that the dossier was “essential” is a judgment call based on evidence unavailable to the public. Even worse, it was a judgment call based in part on evidence unavailable even to the rest of the committee.
.. memo should have plainly stated the agreement between the DOJ and the committee, along with the reasons for this agreement.
.. good summaries don’t just support conclusions with evidence, they provide vital and necessary context. On this point, the memo fails utterly.
.. it fails to answer the following questions:
- How did the FISA application actually describe Steele?
.. Democrats are arguing that the political nature of his work was appropriately disclosed. Don’t we need the actual words used to properly evaluate whether the FBI materially misled the court?
- In addition to the information from the Steele dossier, what other information did the FISA application include?
- To what extent did the multiple renewal applications depend on the information in the dossier? The memo notes that a FISA order must be renewed every 90 days, and each renewal must be supported by an “independent” probable-cause finding. A Trump appointee, Deputy Attorney General Rod Rosenstein, signed at least one of these FISA applications. He apparently believed that the request was supported by probable cause. Why?
- What is the “information” regarding Papadopoulos that triggered the opening of the investigation in July 2016 — a full three months before the Page FISA application? The memo provides information obviously designed to impair the credibility of that investigation — by referring to FBI agent Peter Strzok’s well-known political leanings — but it provides no information about any facts supporting the opening of the probe, leaving the reader with the impression that it was opened solely because Strzok dislikes Trump.
I also wrote above that a good summary “even includes relevant information that contradicts its thesis.” The memo omits any such information, but a Democratic rebuttal exists.
.. But even if the public reviews the Democratic rebuttal, the process is still flawed. The proper way to resolve explosive claims of political bias at the highest levels of government isn’t by dribbling out short memoranda but by issuing comprehensively researched and comprehensively supported majority and minority committee reports.
..it’s not by itself scandalous to review political opposition research — a politically motivated person is no more suspect than the terrorists and criminals who routinely provide information used to support even the most intrusive warrants.
.. When I was in Iraq, we were constantly aware that our sources had their own axes to grind. They didn’t want to defeat their opponents in an election. They wanted them to die in a hail of gunfire.
.. Biased sources are an inherent part of intelligence-gathering.