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
The GOP health-care bill shows the need for regular order.
Kennedy was the showy performer in that ugly spectacle, but Senator Biden, as chairman of the Judiciary Committee, was the stage director. Prior to Bork’s nomination, Biden had in fact said that he would support it: Bork was, after all, a distinguished legal scholar with a long history in public service. Bork had many challenges in front of him: For one thing, he was very sharp-elbowed in intellectual disputes, which had not won him very many friends.
.. The Senate majority leader at the time was Democrat Robert Byrd, a man who had rejoiced in the title of Exalted Cyclops of the Ku Klux Klan, and who held a grudge against Bork for his role in the Watergate scandal, during which Bork had fired special investigator Archibald Cox on the orders of President Richard Nixon.
.. The Senate majority leader at the time was Democrat Robert Byrd, a man who had rejoiced in the title of Exalted Cyclops of the Ku Klux Klan, and who held a grudge against Bork for his role in the Watergate scandal, during which Bork had fired special investigator Archibald Cox on the orders of President Richard Nixon.
.. The Democratic primary field was very full: There was Biden
.. Biden could not afford to stand by his earlier assessment of Bork and announced his opposition to the nomination shortly after it was made formal.
.. The 14 hours Senator Byrd had spent filibustering the Civil Rights Act of 1964 did not prevent him from becoming the Democratic leader in the Senate.
.. The Bork nomination, on the other hand, was an ordinary piece of government business elevated by Democrats to the status of national emergency in the service of narrow partisan interests. Biden was running for president, Kennedy was running for conscience of the Democratic party, and Byrd, frustrated by Republicans’ lack of cooperation on a number of his spending priorities, had promised: “They’re going to pay. I’m going to hit them where it hurts.”
.. The hysteria and vitriol directed at Bork were of a sort rarely seen since the early 19th century. But they quickly became commonplace.
.. But the rules of the game are not all there is to the game. What in another context might be called “sportsmanship” is in politics a question of prudence and even of patriotism, forgoing the pursuit of every petty partisan advantage made possible
.. The progress from Robert Bork to Merrick Garland is a fairly obvious story, but there is more to it than that:
- The increasing reliance upon legislative gimmicks such as omnibus spending bills and retrofitting legislation to fit with the budget reconciliation process,
- the substitution of executive orders and open-ended regulatory portfolios (“the secretary shall . . . ”),
- the prominence of emergency “special sessions” in the state legislatures,
- the absence of regular order in the legislative and appropriations process —
all are part of the same destructive tendency. Procedural maximalism in effect turns the legislative system against itself, substituting the exception for the rule and treating every ordinary item of business as a potential emergency item.
.. at the time, their numbers in the Senate were enough to secure their victory without a filibuster. But the course they set in those hearings — one of maximal confrontation, of reaching for whatever procedural cudgel is close at hand — led directly to our current state of governmental dysfunction.
.. at the time, their numbers in the Senate were enough to secure their victory without a filibuster. But the course they set in those hearings — one of maximal confrontation, of reaching for whatever procedural cudgel is close at hand — led directly to our current state of governmental dysfunction.
.. The recently proffered Republican health-care bill instantiates much of what is wrong with our politics:
The bill was constructed through an extraordinary process in which there were
- no hearings,
- no review from the Congressional Budget Office, and
- no final text of the legislation until shortly before the vote.
- The process is erratic and covert rather than regular and transparent.
- It was put together in a purposeful way to avoid substantive debate and meaningful public discourse,
making the most of the majority’s procedural advantages for purely political ends.
.. As Rod Dreher recently put it, Republicans will have to choose whether they love the rule of law more than they hate the Left.
.. Republican populists who argue that the GOP must play by the same rules in the name of “winning” have very little understanding of what already has been lost and of what we as a nation stand to lose.
The United States will not thrive, economically or otherwise, in a state of permanent emergency.
.. What’s truly remarkable about our current constant national state of emergency is that no one can say exactly what the emergency is. But we all seem to be very sure that something has to be done about it right now, that we must rouse ourselves to excitement about it, and that the ordinary rules of lawmaking and governance no longer apply.
There is not much political mileage to be had from arguing for regular order, transparency, and procedural predictability — but that’s part of what makes those things so valuable. Order in the little things is a necessary precondition of order in the big things. Orderly government cannot be built on a foundation of procedural chaos.
G.O.P. Support for Trump Is Starting to Crack
Below the leadership level, Republicans are defying Trump more often, and McConnell and Ryan aren’t always standing in their way. You can see this defiance in the bipartisan Senate investigation of the Russia scandal. You can see it in the deal on Russian sanctions. And you can see it in the Senate’s failure, so far at least, to pass a health care bill.
.. During Watergate, as the political scientist Jonathan Bernstein has noted, most Republicans stood by Richard Nixon until almost the bitter end.
.. “The current congressional G.O.P. seems less supportive and more constraining of the Potus than basically any in history,” Glassman wrote to me, “save the unique circumstances of Andrew Johnson (who wasn’t really a Republican) and John Tyler (who bucked his party aggressively), neither of whom were elected.”
.. Many of today’s Republicans avoid going on television as Trump surrogates. They mock him off the record, and increasingly on therecord, too. In recent weeks, eight senators have publicly stood in the way of a health care bill. Republican senators are also helping to conduct an investigation of Trump’s campaign and have backed the appointment of Robert Mueller as special counsel.
One reason is that they don’t fear Trump. About 90 percent of Republican House members won a larger vote share in their district last year than Trump did
.. In the months ahead, unfortunately, that level of resistance is unlikely to be sufficient. Trump has made clear that he isn’t finished trying to take health insurance away from millions of people or trying to hide the truth about his Russia ties. “The constitutional crisis won’t be if Trump fires Mueller,” as the A.C.L.U.’s Kate Oh put it. “The constitutional crisis is if Congress takes no real action in response.”