There’s no indication Comey violated the law. Trump may be about to.
President Trump’s declaration that the Thursday testimony of former FBI director James B. Comey was a “total and complete vindication” despite “so many false statements and lies” was the sort of brashly triumphant and loosely-grounded-in-reality statement we’ve come to expect from the commander in chief
.. “initiating an investigation because you don’t like somebody’s testimony could be considered obstruction. And in the whistleblower context, it’s both evidence of retaliation and, under some laws, could be an adverse retaliatory act itself.”
.. “Obviously you can report on a conversation with the president,” he said. “What the president does isn’t confidential or classified.” There is the principle of “executive privilege,” which protects the president’s deliberative process as he does his job. But that wouldn’t cover a conversation like the one between Comey and Trump.
.. “The constitutional right to go to the press with information on matters of public concern, as long as you’re not doing it in a way that will bring out classified information,” Kohn said, “the reason why that is protected constitutionally is that the courts — including the U.S. Supreme Court — have ruled that the public has a constitutional right to hear this information.” In other words, it’s constitutionally protected speech.
.. We can safely assume, though, that Trump’s team is aware that Comey likely didn’t violate any laws, and that they are simply using these arguments as a tool for undermining the parts of his testimony that they didn’t like. How they’re doing it, though, could make their problems worse.
.. “They know that they’re not going to get anything out of Comey on this, because there’s no evidence,” he added. “But they’re clearly trying to create a chilling effect. Not a chilling effect on classified information. … This is a chilling effect on people not to talk about conversations they had with the president that are not classified as a matter of law.”
.. Title 18, Section 1513 makes it a federal offense for anyone who “with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense.”
.. “They know that they’re not going to get anything out of Comey on this, because there’s no evidence,” he added. “But they’re clearly trying to create a chilling effect. Not a chilling effect on classified information. … This is a chilling effect on people not to talk about conversations they had with the president that are not classified as a matter of law.”
.. Whether or not Trump and his team would like to punish Comey for his testimony seems more straightforward.
The Press Should Skip the White House Briefings
Did any group of fired employees cause more mischief for their employers, over so little, than the discharged staff of the White House Travel Office? They spurred the first Clinton “-gate” — Travelgate. The travel staff followed a path blazed by Mark Felt, the F.B.I. official who did not get the big promotion that he coveted and, as a source called Deep Throat, helped bring down Richard Nixon’s presidency.
Wikileaks Isn’t Whistleblowing
Demanding transparency from the powerful is not a right to see every single private email anyone in a position of power ever sent or received. WikiLeaks, for example, gleefully tweeted to its millions of followers that a Clinton Foundation employee had attempted suicide; news outlets repeated the report.
.. Wanton destruction of the personal privacy of any person who has ever come near a political organization is a vicious but effective means to smother dissent. This method is so common in Russia and the former Soviet states that it has a name: “kompromat,” releasing compromising material against political opponents. Emails of dissidents are hacked, their houses bugged, the activities in their bedrooms videotaped, and the material made public to embarrass and intimidate people whose politics displeases the powerful.
Kompromat does not have to go after every single dissident to work: If you know that getting near politics means that your personal privacy may be destroyed, you will understandably stay away.
.. Dissent requires the right to privacy: to be let alone in our vulnerabilities and the ability to form our thoughts and share them when we choose. These hacks undermine that crucial right.
.. All campaigns need to have internal discussions. Taking one campaign manager’s email account and releasing it with zero curation in the last month of an election needs to be treated as what it is: political sabotage, not whistle-blowing.
.. These hacks also function as a form of censorship. Once, censorship worked by blocking crucial pieces of information. In this era of information overload, censorship works by drowning us in too much undifferentiated information, crippling our ability to focus. These dumps, combined with the news media’s obsession with campaign trivia and gossip, have resulted in whistle-drowning, rather than whistle-blowing
.. obsessively reporting on internal campaign discussions about strategy from the (long ago) primary, in the last month of a general election against a different opponent, is not responsible journalism. Out-of-context emails from WikiLeaks have fueled viral misinformation on social media.