Unless you were on vacation on a tropical island last week, you undoubtedly heard about yet another criminal act by the ex-president. Just when you might be thinking that we’ve heard it all, that it is impossible for Donald J. Trump and his wholly owned subsidiary formerly known as the Republican Party to further debase and destroy our nation, we find ourselves shaking our collective heads over another despicable and corrupt violation of our nation’s laws, morals, ethics and sense of duty.
As his actions continue to come to light through the actions of the Department of Justice (DOJ) and the House Select Committee investigating the January 6th insurrection and the conspiracy to overthrow the duly elected president of the United States, one has to wonder why the man is still walking the streets creating hate and discontent throughout the land. He needs to go to jail.
Yes, yes, I know. He is innocent until proven guilty in a court of law following the rules under our system. That said, it is not clear why he has not been arrested and forced to post bail. Were I to have his track record, I know that I would have already taken a “perp walk” into court.
To me, perhaps the most despicable and shameful aspect of the last week was the reaction by nearly every senior elected Republican official in the land. Most of them attacked the FBI and DOJ. Not one that I heard of even took a “wait and see” approach. Instead they followed in Trump’s footsteps and attacked, attacked, attacked — with the vilest and darkest comments imaginable. Do you want an example? How about Senator Rick Scott (Tr-FL) who, following the execution of a court approved search warrant, said; “This should scare the living daylights out of American citizens. The way our federal government has gone, it’s like what we have thought about the Gestapo and people like that — that they just go after people. What we thought about the Soviet Union.” Rick, you make me proud to be an American. Or perhaps the comments from Representative Marjorie Taylor Greene (Tr-GA) — as fine an American as you would ever want to meet — who is yelling to “Defund the FBI.” And in the finest Trumpian way, she is selling caps and t-shirts with that slogan for a mere thirty dollars. I could go on and on, but I would rather not.
For those that have never dealt with material classified Top Secret (TS) or Sensitive Compartmented Information (SCI) you may not understand the impact of Trump’s actions. Not only is the information highly classified, but what is really causing most of those SCI classifications is what is commonly called “sources and methods.” In other words, the way that the information was obtained. Foreign intelligence services receiving such documents could reverse engineer the information in order to find out where it came from. Perhaps it is a highly placed mole. Perhaps it is good old fashioned espionage. Perhaps it is through secret technology capabilities. Or a variety of other sources. The point is, people’s lives may be at stake and the country’s safety and security are certainly at risk by carelessly handling the documents.
I will not go into explaining or rebutting all of the silly excuses that Trump is putting forth and finding support for from his employees in the wholly owned subsidiary. All of it is total fantasy and as big of an unbelievable lie as is possible to concoct. There are no “oops” moments with TS and SCI material. It is always signed for and always guarded. Nearly every time it is created and maintained in a Sensitive Compartmented Information Facility (SCIF). It is not even discussed outside of those facilities. The Oval Office is not a SCIF. The few times it is taken outside of a SCIF, it is signed for, and carried in a special satchel that is literally handcuffed to the courier. Afterwards, it is signed back in. If the same person does not return it and sign it back in, there is big trouble. Like losing your job and going to jail trouble.
The point of bringing this up is that there can be no “accidental” leaving of documents around or just borrowing them for awhile or anything else. Even taking into account that one is dealing with the President of the United States, there would be no chance of a breach.
Unless it was done intentionally.
How was this accomplished? I do not know. I will leave that to the FBI. Just as importantly, why was it done? Again, I do not know, but I will merely state that Trump does nothing that he cannot monetize. The Washington Post reported that at least some of the classified documents had to do with nuclear issues. I will just ponder the fact that during Trump’s administration he and his inner circle, including his son-in-law, wanted to sell nuclear technology to Saudi Arabia. Ostensibly it was for nuclear power plants, but many experts concluded that it could also lead to Saudi Arabia building nuclear weapons. Thankfully, cooler heads in the National Security areas of the government were able to stop such a deal. Coincidentally, after leaving office, Trump’s son-in-law Jared Kushner landed a two billion dollar deal with the Saudis. Last month the Saudi funded LIV golf tour held a tournament at Trump’s Bedminster course in New Jersey. Could there be a connection? I do not know. People are just asking.
In my opinion the FBI should not be asking what he was going to do with that information but rather what did he already do with it?
There is a larger picture here. Trump clearly cares nothing about the laws, norms or traditions of the United States or what it means to be president. It appears that he thought that as president, he owned the country, everything in it and everyone that worked in the government. Whether his approach was that of an autocrat or a mafia boss does not really matter, he believed that anything he wanted was his. (For the record, I think he operates like a mafia boss. Autocrats at least have an ideological base to operate from. Trump only cares about himself and making money. He has no underlying beliefs, be they good, bad or indifferent. He only cares about what rewards him.)
Trump and his fellow conspirators and abettors should be held to account to the fullest extent of the law. For everything. I think the impeachment charges brought against him were insufficient. By this I mean that twice the House tried to simplify his transgressions to one, easily understandable charge rather than the full breadth and depth of his criminality. They gambled that the public would buy into something that could be easily digested. They also saw as their primary goal to remove the cancer from our government and keep it from ever returning again. They only needed him to be found guilty on one charge. They failed.
The DOJ cannot fail. Trump needs to be stopped. Trumpism will not die if Trump is removed as too many other politicians (especially certain southern governors) have learned his lessons. At least if Trump is indicted, tried and convicted, the leader of the cult will be disgraced and removed. Millions of people will think that it was a kangaroo court and that he was set up. They already think that, so there is nothing to lose by acting and a lot to lose if we do not hold him accountable. Those same politicians taking the mantle of Trumpism will also see that if they become president, they can do whatever they want because there are no consequences. His cult members argue that Trump is the most persecuted president in our history. I want him to be the most prosecuted.
Cries that these actions are unprecedented are true. Primarily because we never had a full scale mafia boss as our president before. But if his home can be raided, then anyone’s can, they cry. Two points. Mar-a-Lago was not just a residence, it was a club. People come and go. Memberships are sold. It is not exactly like the FBI searched a two story colonial on a cul-de-sac. Secondly, yes, if you break the law, conspire to over throw the government, take TS and SCI documents home to your basement, you can probably expect a knock on your door from the FBI. That is the point. No one should be above the law. Not even an ex-president who is now, under the law, just a regular citizen like the rest of us. No magic wands to declassify documents. No thoughts in his head that everyone should instinctively obey. Just follow the law.
I fear for our republic, I fear for our democracy and I fear for our future. Trump and his cult followers and collaborators in Congress are the single greatest domestic threat to our country and our way of life since the Civil War. I am very afraid there will be more domestic political violence. Firing up the cult to attack FBI officers and federal judges is dangerous, as we saw earlier this week in Ohio when one of the cultists tried to kill FBI officers at their area headquarters.
For nearly 22 months now, Trump has been doing his best to destroy this country and make himself the Dear Leader. It is not getting any better. During the dangerous response to the pandemic during his administration I opined in one of my postings that Trump may in fact be an agent of Vladimir Putin because things were getting so bad, it could not be by accident. It had to be by design. Chaos, discord and political violence in the U.S. are right in keeping with Putin’s goals. No one person in our history has done more to align with the goals of an adversary than Trump has done. I cannot forget those meetings between Trump and Putin, alone, with only Putin’s interpreter. We may never know what words were exchanged, but Trump’s continued actions designed to undermine our government on every level may tell us more than any transcript.
Gaslighting is a form of psychological manipulation in which a person or group sows seeds of doubt in a targeted individual or group, making them question their own memory, perception or judgement. Those conducting the gaslighting use denial, misdirection, contradiction and misinformation to delegitimize other’s beliefs. It is recognized in psychological analysis, especially in the definition of abusers. The term comes from a 1938 stage play called Gas Light which was turned into a 1940 movie and, most famously, a 1944 movie called Gaslight starring Ingrid Bergman and Charles Boyer where a man tries to convince his wife that she is going insane so that he can have her committed and he can retain her murdered aunt’s wealth. The term relates to his turning down their home’s gas lights while insisting that they are fully bright, among other things to make her feel detached from reality.
The United States is being gaslighted by most of the Republican Party, especially those in Congress. They are trying to gaslight us about the Big Lie of the 2020 election, about the attempted coup on 6 January 2021, and are using these lies to propel Republican controlled state legislatures into passing laws limiting voting opportunities and engaging in voter suppression.
For one example, listen to Republican Senator Ron Johnson (WI) question whether it was an “armed” insurrection which he did on a local radio station in Wisconsin. “That didn’t seem like an armed insurrection to me. When you hear the word ‘armed’ don’t you think of firearms? How many firearms were confiscated? How many shots were fired?” (Numerous firearms and explosives were known to law enforcement to have been at the capitol in the hands of the rioters, more were confiscated later, and detailed plans have been uncovered for the use of firearms by those storming the capitol.) Or perhaps this bit of misdirection by him on 7 February in a Fox News interview? “I have always believed the Russian hoax was a diversionary operation from the corruption occurring certainly within the FBI and potentially some of our intelligence agencies. You kind of have to ask the question, what is this impeachment all about? We know that 45 Republican senators believe its unconstitutional. Is this another diversionary operation? Is this meant to deflect away from potentially what the Speaker knew and when she knew it? I don’t know. But I’m suspicious.” (Senator Johnson is joined by the lead seditionists Senators Josh Hawley (MO) and Ted Cruz (TX) in trying to blame Speaker of the House Nancy Pelosi for the attempted coup at the capitol.)
Since that was not enough, Senator Johnson went further during the Senate hearings on 23 February investigating the attack on the capitol. He claimed that the “great majority” of the rioters had a “jovial, friendly, earnest demeanor.” In his portrayal, the rioters were festive and the demonstration was “jovial.” The rightful focus of an investigation should be on those that perpetrated the violence. You know, the “plainclothes militants, agent provocateurs, fake Trump protesters, and disciplined uniformed column of attackers.” He later added, “Basically it was like a picnic here that day until they [meaning antifa] got involved.”
For the record, on Tuesday 2 March FBI Director Christopher Wray clearly stated in his testimony that the insurrectionists did not have any (any!) members that were “antifa,” or “anarchist violent extremists,” or any other left-wing participation. He did say that the primary instigators of the attack were white supremacists or members of right wing militias. Of the roughly 270 rioters arrested so far, 33 belonged to right wing militia groups, 82 were friends and associates of organized right wing groups and the rest did not belong to any organized group. Director Wray testified that this latter group was his biggest concern as they do not fit into any “chain-of-command” type organizations and are likely to be “lone wolfs” ready to conduct violent acts based on their having been influenced and radicalized by right wing extremism on the internet and through social media. The Director said that combatting domestic terrorism is currently the FBI’s number one priority and that they are investigating about 2,000 cases right now.
There is no “what aboutism” to this. There is no both sides. Those that try and and compare the Black Lives Matter (BLM) demonstrations to the attack on the Capitol are trying to change the subject. There is no comparison. The attack by right wing extremists on the Capitol was intended to overthrow the government and to undermine a free and fair election in order to hand the presidency to a wannabe autocrat. I will state unequivocally that any criminal behavior taking place during any protest, BLM or otherwise, should be prosecuted to the fullest extent of the law. And it is. Actions by any BLM groups or others associated with the otherwise peaceful protests does not in any way justify what happened at the Capitol in January. And yet, Republican Senators are trying to say that it does.
At this week’s hearings Senator Cruz asserted that “in the past year we have seen massive rioting and violence as extremists, many of them leftists extremists, took to the streets across the country.” After clearly speaking about the BLM demonstrations, without using the name, he asked Director Wray what the FBI is doing “to counter this ongoing pattern of domestic terrorism.” Of course! According to Senator Cruz the real terrorists are not those attempting to over throw the government and kill the Vice President and Speaker of the House. It is those terrible black people and those that support them.
In spite of all the evidence, politicians, media personalities, activists, and others on the right are trying to rewrite history to turn the violent insurrection at the Capitol into “no big deal.” As chronicled in the Washington Post, it is a concerted effort to blame leftists and to absolve the ex-president (a.k.a the former guy) of any blame. In a tried and true tactic, many of them are actually blaming the Speaker for the attack. Representative Ken Buck (CO) said that Democrats are trying to create the impression that “there’s a bunch of people running around in the woods with Army fatigues on the weekends, and they’re going to take over this country, and that’s just nonsense.” Others criticize the fences and National Guard troops still at the Capitol as some kind of trick by Democrats to create the illusion of danger. They think it is part of a political effort to exaggerate the threat from right wing extremists dubbing the Capitol “Fort Pelosi.” Some even contend that the circumstances surrounding the death of Capitol Police Officer Brian Sicknick are fishy and that it is being used by the Democrats to further their anti-Republican agenda.
Senator Cruz, of course, is one of the eight Republican Senators that joined 139 Republican Representatives to vote against certifying the results of the Electoral College, even after the Capitol had been sacked by supporters of the now ex-president. (You can find their names here.) This is the biggest gaslight of all. Most of those Republicans still refuse to recognize that Joseph R. Biden Jr. is the duly elected 46th President of the United States. Those 147 Republicans, and the Gaslighter-in-Chief continue to perpetuate the Big Lie that the 2020 election was rigged, stolen, or otherwise fixed to put Mr. Biden in the White House. This has real consequences. Mr. Cruz, Mr. Hawley, and everyone else that keeps pushing this devastating lie is actively and willfully undermining our democracy. They are using a circular argument. They have actively pushed this lie, directly leading to the insurrection in January. They then turn around, after having convinced their constituents that their votes did not count, even in the face of all factual evidence to the contrary, and say, “gosh” my constituents want to know what is going on, therefore I must act to fix the problem.
Those fixes involve voter suppression and disenfranchisement for millions of Americans. Republicans cannot win at the polls based on their ideas and policies, so they are working as hard as they can in state legislatures to pass laws that will keep many people from voting — most of whom usually vote for Democrats. Want an example? In Arizona they are considering a law that designates the state legislature as the final authority on deciding who the state’s Electoral College electors will be. No matter the vote count. No matter if the Governor and Secretary of State certify the results. No matter if the loser fails to win a single case in the courts. A simple majority of the legislature can substitute their own slate of electors at any time up to the day of the inauguration of the president. Indeed, why should we even let people vote?
Gaslighting has real consequences.
There is a distinct moral void taking hold in our country. Don’t like the consequences? Pretend that nothing happened. Don’t like the facts? Create your own alternative facts. Can’t win elections? Change the rules so that only your folks can vote. There is no shame. There is no taking responsibility for one’s own actions. Do you worship a man rather than fulfill your oath to the Constitution? No problem. Just vilify everyone that doesn’t worship at the feet of the golden don. (If you missed it, here is a picture of the Republican Party version of the Biblical golden calf at CPAC in Florida.)
The danger to our Republic remains. As long as the majority of Republicans at all levels of government keep the Big Lie alive, we are under threat. Call out the gaslighters when you seem them. Keep the facts out there. Advertise what the FBI Director testified to concerning the threat. Remind people that the Department of Homeland Security (DHS) puts out warnings about domestic terrorism from right wing white extremists. We are in a cold Civil War. We need to work to keep it from going hot.
It is likely that by the time you read this post, a classified memo put together under disputed circumstances, will be released to the public. The entire process and related story is long, arcane, a little bit of “inside baseball” and dangerous to the rule of law.
In short, Representative Devin Nunes (R-CA) as the Chair of the House Intelligence Committee had his staffers compose a memo accusing the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) of misusing the Foreign Intelligence Surveillance Act (FISA) in the investigation of the Russian interference in our 2016 election. In contrast, the Democrats on the committee, the DOJ and the FBI argue that Congressman Nunes misused the data that was reluctantly turned over to him to present a misleading portrayal of how the system was used and indeed to condemn the system itself. As the story unfolds, remember that the protesting members of the DOJ and of the FBI, including Director Chris Wray are appointees put in office by the current president.
The DOJ and FBI are concerned on two fronts. First, the memo could reveal sensitive “sources and methods” to our adversaries. (Sources meaning where intelligence comes from and methods meaning the ways in which the intelligence is collected.) It is not hyperbole to say that this could easily put lives at stake. Second, they are concerned that the memo will inaccurately portray the way that the FISA warrants (issued by a special court for wiretaps and other methods of collecting information on suspected foreign operatives and their collaborators) are obtained and thereby undermine the confidence of us, as citizens, in the process and in the results.
Mr. Nunes is using an arcane rule of Congress to release the information. The rule has never — never — been used before. The intent of the rule is to provide a method for revealing relevant information when there is a gross misuse of intelligence that provides a clear and present danger to the nation. Mr. Nunes is using it for purely political purposes. At best, he is attempting to sow doubt about the investigation into Russian interference conducted by Special Counsel Robert Mueller, thus undermining possible damaging information about the president. At worst, he is aiding and abetting the president in providing a rationale for ending the investigation entirely.
As background I point out that this week the president refused to implement sanctions against Russia under a law passed with overwhelming bipartisan support and signed by him. In a show of sloppy staff work or lack of seriousness (you choose), individuals on the sanctions list were reportedly lifted by administration staffers from a list published annually by Forbes magazine naming the richest people in the world. Anyone from Russia with over a billion dollars in assets was placed on the Forbes list which was transcribed to the administration’s list — even though some are known to be anti-Putin. Although I suppose it doesn’t really matter because Mr. Trump will not implement the sanctions. Perhaps this is a quid pro quo? Who knows, but there certainly have been a bizarre list of actions and statements by the president regarding President Vladimir Putin and Russia. As someone said, there is a long list of the “whats” that have occurred but there is still no answer as to the “why”.
How serious is this possible breach of national security? Representing the DOJ position, Assistant Attorney General Stephen Boyd wrote to Mr. Nunes and the committee asking that the information not be released. In the letter he said that to release it would be “extraordinarily reckless” and that the department had reviewed its processes and found no wrongdoing regarding the FISA process.
An official FBI statement concerning the possible release states:
The FBI takes seriously its obligations to the FISA Court and its compliance with procedures overseen by career professionals in the Department of Justice and the FBI. We are committed to working with the appropriate oversight entities to insure the continuing integrity of the FISA process.
With regard to the House Intelligence Committee’s memorandum, the FBI was provided a limited opportunity to review this memo the day before the committee voted to release it. As expressed during our initial review, we have grave concerns about material omissions of fact that fundamentally impact the memo’s accuracy.
Mr. Nunes and the president also know that there is a Catch-22. Several in fact.
The Democrats wrote a memo telling “the rest of the story” to put Mr. Nunes’ memo in context. He refuses to release it and the Democrats are trying to follow the rules and therefore won’t release it without committee approval. More importantly, the DOJ and FBI cannot refute the memo without themselves using classified information that would do further harm to the nation. By following the rules and taking national security seriously they find themselves in a bind that allows the president and his enablers to get away with their shenanigans.
Further complicating the response is that Congress has, and should have, over sight responsibility for the DOJ and the FBI. They should exercise that responsibility fully. Speaker of the House Paul Ryan (R-WI) contends that that is what is happening. (A further question for another day is why the Speaker did not step in, as he could do, and stop the release of the memo or at least allow a fully vetted process determine its viability. He abdicated his responsibility. I had hopes for Mr. Ryan as a buffer to the worst tendencies of the president, but apparently my hopes were misplaced.)
To fully understand how shady this entire undertaking is, read the unclassified transcript of the committee meeting where the issue was discussed. (You will find it here.) Among other things, it is apparent that Mr. Nunes never read the supporting information from which his memo was crafted. You will also note that Mr. Nunes never denies that the his staff may have worked with White House staffers as to the content of the memo. You will also find that the FBI and the DOJ requested to come in and explain the impact of releasing the memo and the harm it will do to national security but the request was denied. And on and on. One might think that the fix was in. Oh, and by the way, Mr. Nunes would not release the memo for review by the Republican Chairman of the Senate Intelligence Committee Senator Richard Burr (R-NC). Why?
Additionally, under normal circumstances, should the FBI concerns be ignored, “grave concerns” not-with-standing, and the administration releases the memo, FBI Director Wray should resign. I hope that he stays and continues to fight for what is right.
The word “unprecedented” gets used a lot these days. This event is truly unprecedented. The House and Senate intelligence committees are historically known for their bipartisanship, concern for the safety of our country, very, very careful in their use and review of sensitive information and generally known as a model for how the government should work. Well, that’s over.
I cannot over emphasize how critical this is to the norms of honest government and the impact on our leading law enforcement agency and the intelligence community as a whole. The politicization of intelligence is a dangerous precedent. Once the genie is out of the bottle, there will be, inevitably in my opinion, other instances of one or both parties (“paybacks are hell”) undertaking similar political use of sensitive information.
One must also think of the willingness of future potential sources of information to put themselves on the line knowing that what they do covertly could be blasted to the public for political reasons. Think also of foreign intelligence agencies and their willingness to work with the United States if they also think that sensitive sources and methods could be compromised. Some reports already indicate that other nations’ intelligence agencies have significantly cut back on the information that they share with us because they are wary of the ability of this administration to keep a secret — as evidenced by the president sharing such intelligence in the Oval Office with the Russian Foreign Minister and Ambassador last year.
Credible reports indicate that the president has been pushing for the release of the memo — even without having read it until last night — since last week. He reportedly thinks that it will “prove” that the “deep state” is out to get him (remember that those opposing its release are his own political appointees). More ominously, it has been reported that he may use this memo as an excuse to fire Deputy Attorney General Rod Rosenstein. This is significant because Mr. Rosenstein, following the recusal of Attorney General Jeff Sessions, oversees Mr. Mueller in the conduct of the Russian investigation. Mr. Rosenstein has repeatedly said that he would never fire the Special Counsel barring egregious and unlawful actions on his part. This infuriates the president. By removing the Deputy AG, Mr. Trump would look for a replacement willing to fire Mr. Mueller or at least inhibit and undermine the investigation. That would be a travesty of justice.
As I’ve said many times over the last year or more, whatever one thinks of Mr. Trump, we should all be livid and concerned that the Russians clearly interfered (as even Mr. Trump’s own appointees to lead the intelligence community concede). And yet, not only will Mr. Trump not say that there was interference, more importantly there is not one federal agency or inter-agency task force looking into it or planning how to counter it for this year’s elections. In a recent interview with the BBC, CIA Director Mike Pompeo said that the Russians continue to interfere in our internal policy and that he fully expects that they will try to interfere with our next elections and continue to do so as long as they can. And we sit on our hands? Apparently this administration, abetted by Republicans in the House, would rather investigate the FBI and the DOJ rather than the Russians.
The sanctions that this administration is refusing to implement were designed specifically to punish the Russians for interfering in 2016. What they hey?
If Mr. Trump has nothing to worry about (even though two of his aides pleaded guilty and two others are under indictment — hardly a “nothing burger”) then why not let the investigation continue without interference and come to a quick conclusion exonerating him? In my mind it is because he is afraid of what will be found. Each event unto itself could be dismissed, I suppose. But it is compelling when one looks at all the things we already know happened between the Trump campaign and the Russians. I am positive that what we know is only the tip of the iceberg compared to what the Special Counsel already knows.
There are many more twists and turns behind this unfolding sordid episode. Because it is happening in slow motion, and involves arcane House and DOJ rules, I suspect many Americans are unaware of the details and even more than that are unaware of the implications behind this unprecedented action. Perhaps Mr. Trump and Mr. Nunes are counting on that. Meanwhile, the DOJ and FBI are under attack as independent protectors of the nation. The rule of law is in danger.
We are on the verge of a Constitutional crisis. It has been creeping up on us for several months. Soon its full-blown existence will make it so that no one can ignore what is happening. Mr. Trump will not do the right thing when the time comes. As he said last week at an impromptu meeting with the press when asked about the investigation, he said he is “fighting back.” One can only imagine what that will bring.