Category Archives: Law

Why Comey Didn’t Prosecute Hillary

Because he would have had to find the president guilty as well:

As I explained in February, when it emerged that the White House was refusing to disclose at least 22 communications Obama had exchanged with then-secretary Clinton over the latter’s private e-mail account, we knew that Obama had knowingly engaged in the same misconduct that was the focus of the Clinton probe: the reckless mishandling of classified information.

To be sure, he did so on a smaller scale. Clinton’s recklessness was systematic: She intentionally set up a non-secure, non-government communications framework, making it inevitable that classified information would be mishandled, and that federal record-keeping laws would be flouted. Obama’s recklessness, at least as far as we know, was confined to communications with Clinton — although the revelation that the man presiding over the “most transparent administration in history” set up a pseudonym to conceal his communications obviously suggests that his recklessness may have been more widespread.

This doesn’t surprise me at all. And I’ll bet that some of Lerner’s missing emails about IRS targeting are also between her and the president. and they would reveal offenses of the nature that Nixon had to resign for even attempting.

The Comey Saga

It seems to be coming to a sad end:

How pathetic Comey sounded during his testimony. A weak man who couldn’t even muster the courage to tell Donald Trump to his face when he thought Trump had crossed a line. Instead, Comey schemed behind the scenes to document conduct which even Comey will not publicly claim was criminal.

Trump’s distrust of Comey ultimate[ly] was vindicated by what we now know about Comey.

Pathetic also was the word that came to mind when Comey described how he succumbed to pressure from then Attorney General Loretta Lynch to call the investigation of Hillary Clinton’s email server a “matter.” That was how the Clinton campaign wanted it portrayed. From an electoral perspective, they dreaded the accurate description that Hillary was under “investigation.” The Attorney General served as the functional equivalent of a campaign enforcer in the campaign against Trump.

It all puts the secret meeting between Lynch and Bill Clinton in a new perspective, and should result in a re-opened investigation not only of Hillary’s server but a new investigation of Lynch.

Yes, it should. It should also result in a proper investigation of Hillary Clinton and her server, and finally, after all these decades of Clinton corruption, indictments. History indicates that it probably won’t, though.

[Mid-morning update]

Mr. Comey’s not very good day:

The Donald was revealed again as a man who talks too much, with a gift for the memorable insult, the demand to have his ego stroked. But didn’t we already know that? What we know now about James Comey, only suspected earlier, is that he’s what the British call “wet,” a wimp under pressure. He offered evidence at last of collusion, but it was only evidence of his eagerness to collude with his own emotions. He was incapable of standing up to Donald Trump, beyond the instinctive deference everyone accords a president.

He’s guided by his feelings, which perhaps explains why he has become a late hero of the present age. He testified that he “felt” “directed” to terminate the investigation into the activities of Mike Flynn. “I mean, this is the president of the United States, with me alone, saying, ‘I hope this.’ I took it as, this is what he wants me to do.”
One of the most telling moments of the day was an exchange with Sen. Dianne Feinstein of California, a Democrat, asking the question that Republicans have raised over the weeks of rumor and not much real news. When he “felt” that Mr. Trump was asking him to throttle his investigation, she asked: “Why didn’t you stop, and say, ‘Mr. President, this is wrong?’“

“That’s a great question,” Mr. Comey replied. “Maybe if I were stronger, I would have.”

This is the rough and tough G-man, scourge of killers, robbers, rapists, terrorists and purveyors of wicked mayhem the world over. “Maybe if I were stronger, I would have.” That’s a real man that real men would follow anywhere.

[Update a few minutes later]

This is from before the testimony, but an interesting read: James Comey, novelist.

[Update late morning]

Trey Gowdy is taking over the House Oversight Committee. He seems like just the guy to get to the bottom of Lynch’s obstruction of justice.

[Update just before noon]

Did Comey’s leaks violate the FBI Employee Agreement?

Probably.

[Mid-afternoon update]

Comey came to indict Trump, but he may have indicted himself:

Congress criminalizes lying to Congress under oath. The relevant statutes are 18 USC 1621 and 18 USC 1001. Section 1621 requires a person first, be making a statement under a sworn oath; second, that statement be “material” to the proceeding; third, the statement be false; and fourth, the statement be knowingly and willfully false. Section 1001 mirrors those elements, without the same tribunal prerequisites: it also requires the government prove a person willfully made a materially false statements. In either case, the primary focus is: first, a false statement; second, a false statement as material to the matter; third, the false statement be made knowingly and willfully. A statement is not false if it can be interpreted in a completely innocent manner. A statement is not material if it is not particularly relevant or pertain to the subject of the matter. Willfully remains a very high standard of proof in the criminal law, though less in perjury cases than in tax cases: it requires the person know they are lying.

Sadly, for Comey, Sessions has the smoking gun: Sessions’ own email sent and read by Comey, according to the Department of Justice statement, showing Comey in fact did know “the parameters of the Attorney General’s recusal” despite his repeated comments to the contrary to Senator Kamala Harris’ questions.

Oops.

[Saturday-morning update]

The damaging case against James Comey. And Trump committed no crime. Get over it.

[Bumped]

No, This Is Not Terrorism In England

It’s a protracted insurgency. It’s war, regardless of how much people want to deny it:

Britons trying to remain optimistic note that they survived and eventually defeated Irish nationalist terrorism not all that long ago. But this is a flawed analogy. In the first place, at any given time during the Troubles, the number of active Provisional Irish Republican Army terrorists seldom exceeded a hundred. Moreover, the PIRA was a “normal” terrorist group with rational political motives, not a religiously-motivated death cult, and it generally eschewed killing civilians for its own sake. Indeed, atrocities like the 1987 Enniskillen attack, which murdered 10 innocents, proved a black mark for the group, even among staunch republicans. Therefore, comparing the PIRA to ISIS and its murderous Western wannabes isn’t much help to practical counterterrorism.

That said, if Britain doesn’t soon devise tough countermeasures to its vast domestic jihadism problem, many of its cities may come to resemble Northern Ireland a generation ago, with armed soldiers in battle gear patrolling the streets as “aid to civil power” while enforcing frequent security checks on average citizens with the aim of stopping terrorists.

In their historically recent unwillingness to allow Britons to defend themselves (appalling, considering that we inherited our notions about the Second Amendment from ancient English Common Law), the contradictions of their multi-culturalism will become untenable.

[Update a few minutes later]

Counterterrorism lessons from America’s Civil War:

Destroying ISIS, al-Qaeda and other Muslim terror groups is not particularly difficult, far less difficult than Sherman or Sheridan’s task during the Civil War. It simply requires doing some disgusting things. Western intelligence doesn’t have to infiltrate terror groups, tap phones, mine social media postings and so forth (although these doubtless are worth doing). Muslim communities in the West will inform on the terrorists. They will tell police when someone has packed up and gone to Syria, and when he has returned. They will tell police who is talking about killing westerners, who has a suspicious amount of cash, who is listening to broadcasts from Salafist preachers.

They will tell western security services everything they need to know, provided that western security services ask in the right way. I mean in Phil Sheridan’s way. Like the victorious Union generals of the Civil War, the West does not have to be particularly clever. It simply needs to understand what kind of war is is fighting.

Yes, ultimately, the only way to victory is to make them fear us. As Mark Steyn has said, the question is not “Why do they hate us,” but “Why do they despise us”? It is because they have no respect for us, and given the behavior of the “elites,” it’s hard to blame them.

[Early-afternoon update]

In the face of terror, Londoners told to “Run, Hide, Tell.”

Contrast this with the London of eight decades ago.

Paris Agreement Advocates

Glenn Reynolds says they should practice what they preach, by government force if necessary:

First, we need to tax the “blue zones.” That is, we need to impose steep taxes on property in coastal areas that will be flooded by the sea-level increases that global warming is supposed to bring. By discouraging people from living or building there now, we’ll save ourselves from big problems in the future. Sure it’ll drive down property values, but those values should go down — they’re values for property that’s going to be flooded anyway, remember?

Second, we need to ban taxpayer-funded air travel to conferences. State legislatures could ban reimbursement for travel outside their states; Congress could require that no federal grant money be spent on air travel to conferences and similar events. A lot of academic conferences would fail, but that’s a small price to pay for saving the planet. And besides, it will encourage the development of Internet-based conference alternatives. A whole new industry might result: Green jobs!

Donald Trump can strengthen America by dumping Paris agreement: Sen. Inhofe
Third, we need to ban private jet travel. At first I thought about just taxing it heavily, but with the planet at stake, that might not be enough. It’s nice that John Travolta can have his own Boeing 707, or that Leonardo DiCaprio can jet around the world speaking against climate change, but the carbon emissions involved set a bad example that outweighs anything he might say. So no more private jets. Bigshots will just have to fly commercial like everyone else, the way they did in the 1950s. (And sorry, Leo, but massive yachts have to go, too). Politicians, too, should have to fly commercial. No more government-funded “executive jets” for them.

Fourth, we need a luxury tax on mansions. Any home more than twice the size of the average American home should be taxed at 25% of its value per year. Celebrities and the rich enjoy great powers of persuasion — but with great power comes great responsibility, and they have a great responsibility to set a good example for the rest of us on climate change!

As he says, it seems like a modest proposal.

The House Subpoenas For Brennan, Power, And Rice

What do they mean?

As I have previously explained, the CIA, NSA, and FBI are the investigative components of the 17-component “community” of intelligence agencies. It is those three agencies that collect raw intelligence and that make decisions about what identities should be unmasked. Those decisions are reflected in the content of the polished intelligence reports that are generated from the raw intelligence.

Under the rules that apply to foreign-intelligence-collection, there is a presumption against revealing the names of American citizens. But there are significant loopholes: The names may be unmasked if intelligence officials determine that knowing the identity of an American is necessary in order to understand and exploit the intelligence value of the information collected.

Thus, as I’ve also outlined, it is unlikely that any single instance of unmasking would be found to be a violation of law — and, indeed, it would not violate any penal statute (it would violate court-ordered “minimization” procedures). Nevertheless, were a pattern of unmasking established, divorced from any proper foreign-intelligence purpose, that would be a profound abuse of power in the nature of a “high crime and misdemeanor” — the Constitution’s predicate for impeachment.

Which is a moot point, since they’re now out of office. But as I’ve often said, the Obama administration boldly got away with things that Nixon could only dream of.

[Update a while later]

Mark Levin to Congress: Investigate Obama’s “silent coup” against Trump.

And more thoughts from the Journal‘s editors:

Ms. Power’s job was diplomacy. Unmaskings are supposed to be rare, and if the mere ambassador to the U.N. could demand them, what privacy protection was the Obama White House really offering U.S. citizens? The House subpoenas should provide fascinating details about how often Ms. Power and her mates requested unmaskings, on which Trump officials, and with what justification. The public deserves to know given that unmasked details have been leaked to the press in violation of the law and privacy.

Meantime, we learned from Circa News last week of a declassified document from the Foreign Intelligence Surveillance Court, which excoriated the National Security Agency for an “institutional lack of candor.” The court explained that Obama officials had often violated U.S. privacy protections while looking at foreign intelligence but did not disclose these incidents until the waning days of Mr. Obama’s tenure.

So they spied, and lied.

[Late-morning update]

Andrew McCarthy is on fire today: The real collusion:

There is abundant cause for concern that the Obama administration tore down the wall between the missions of law-enforcement and foreign-intelligence, on one side, and partisan politics, on the other. The White House and its politicized security services wanted Hillary Clinton to become president, and they do not want to let Donald Trump be president.

There’s a collusion story here, but it’s got nothing to do with Russia.

Can we expand Mueller’s charter to look into that?

Don’t Stop With Paris

Andy McCarthy says it’s time to return to constitutional government.

What a concept.

[Update a few minutes later]

I hadn’t realized that Nixon had signed that abominable “Treaty on Treaties”:

President Trump is taking a significant step in removing the United States from the Paris agreement. But the step should not be significant, or politically fraught, at all. President Obama’s eleventh-hour consent to the agreement’s terms should have been nothing more consequential than symbolic pom-pom waving at his fellow climate alarmists. It should have had no legal ramifications.

Think, moreover, of how badly the treaty on treaties betrays our constitutional system, which is based on representative government that is accountable to the people. The Constitution’s treaty process is designed to be a presumption against international entanglements. Unless two-thirds of senators are convinced than an agreement between or among countries is truly in the national interests of the United States — not of some “progressive” conception of global stability, but of our people’s interests — the agreement will not be ratified, and therefore should be deemed null and void.

He was a terrible president, though not as bad as Humphrey or McGovern would have been.

[Late-afternoon update]

The outrage over Trump’s decision to withdraw is like Groundhog Day.

[Friday-morning update]

Why the Paris Agreement is useless, in one graph.

[Update mid-morning]

Trump blocks the first of Obama’s three authoritarianisms. It’s going to be a lot harder to undo the Iran disaster.

[Update a few minutes later]

The sound and fury of Trump’s Paris pull out:

this wasn’t about measurable change, it was about optics, pure and simple.

Domestically, Trump just fulfilled a campaign promise and mollified many in his base who might have been concerned about his steadfast commitment to scuttling ‘globalist’ international treaties. He stuck it to the Left, and simultaneously dismantled the last important piece of Obama’s green legacy. (At this point, President Obama has precious few lasting environmental policy successes to point to from his time in office. That’s an inherent problem with governing by the executive action, as Obama chose to do. Of course, there’s a bright side to that fact for greens: Trump is also unlikely to make a large impact on environmental policy through Congress, so his legacy on that front should have a similarly short shelf life.)

Internationally, Trump has flipped the bird to world. Developing countries will be gnashing their teeth at the thought of America backing out its financial commitments. Don’t be surprised to see a kind of domino effect, with leaders in the developing world jumping ship now that the cash flow promised them through the GCF could be drying up. As for the richer countries, they will see it as something akin to green treason.

China may try to exploit the opening, and talk a big game about joining the EU in taking on a climate leadership role. If this comes to pass, understand that it will be nothing more than posturing. China is far and away the global leader in greenhouse gas emissions, and for all of the EU’s stern tone and finger wagging on climate change, the bloc’s latest data show that its emissions actually increased 0.5 percent in 2015. Contrast that with the United States, which saw emissions drop a whopping 3 percent last year as a result of the continuing (shale-enabled) transition from coal to natural gas.

And that gets us to the heart of the issue. One’s opinion of the new climate course Trump just charted for America will ultimately depend on how much faith one puts in climate diplomacy as the holy grail for addressing climate change. The truth is, climate diplomacy has always been about preening, posturing, and moralizing—about optics above all else. What happened today was also all about optics (intentionally so) and that’s why greens committed to finding “diplomatic” solutions are pulling their hair out today.

But let’s not forget that Paris was a next-to-worthless agreement, and U.S. climate policy is going to look very much the same without it as it would have if Trump had announced a decision to stick to the deal. America’s real climate impacts will be determined by how quickly we can transition to a more energy efficient information economy and, more importantly, by our ability to develop and adopt new technologies (the pairing of hydraulic fracturing and horizontal well drilling being the most important example of the past decade). Paris had nothing to do with any of that.

Sound and fury, signifying nothing.