Category: Congress

The Man From Rule X: The House Intelligence Chair Invokes Long-Overdue Power To Override Agencies On A Public Release

download-2Below is my column in the Hill newspaper on the move by the House Intelligence Committee to release the four-page memo on alleged FBI abuse.  The FBI has objected that “omissions” have made the memo “inaccurate.”  However, that does not sound like a classification defense. Indeed, a long-standing objection is that the intelligence agencies classify material that is embarrassing or damaging to the agency politically.  Since the memo reportedly deals with the use of the dossier for a FISA warrant, it would seem possible to draft a memo that did not compromise methods and sources.  We will soon likely know, according to reports that President Donald Trump has reviewed the document and decided to release it.  He is ultimately the final word on classification status in the Executive Branch.

Here is the column:

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Schiff Accuses Nunes Of Altering Memo Before Submission To Trump For Possible Release

440px-Adam_Schiff_115th_official_photo The plot thickened last night over the anticipated release of a four-page memo from the House Intelligence Committee.  California Rep. Adam Schiff (D) publicly accused House Intelligence Committee Chairman Devin Nunes (R-Calif.) of giving President Trump a “secretly altered” version of the memo to review for possible release.  The Schiff allegation raises an interesting issue under the House that could theoretically warrant judicial review (though the outcome is far from certain).  The Committee staff is arguing that the changes were minor edits, including grammatical changes.

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Report: Wray Opposes Release of Nunes Memo

440px-Chris_Wray_official_photoAccording to Bloomberg, FBI Director Christopher Wray told the White House he opposes the release of controversial four-page memo from the House Intelligence Committee.  What is notable about the report is that the objection is allegedly due to what Wray views as a false and inaccurate narrative. However, that should not be a reason alone to classify and withhold a document under Rule X.

 

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The State of The Union and the State Of American Politics Of Division

imagesPresident Donald Trump’s first State of the Union address covered a wide array of domestic and international issues. At eighty minutes, it was long of the longest such speeches.  Putting the policies aside, Trump’s delivery last night was one of his strongest. Indeed, while many have objected to the content, it was a much better delivery than his inauguration in my opinion.  CBS News is reporting that 75 percent of Americans watching approved of the speech.

However, most of us in the Beltway were watching the awkward tension between the members, including the absence of boycotting members and at least one incident of loud booing from the Democratic members.  Rep. Luis Gutierrez was shown walking out as members chanting “USA, USA.” (He later remarked  “Whoever translated it for him from Russian did a good job.”) Minority Leader Nancy Pelosi led most Democrats out of the door immediately after the President finished and most Democrats did not applaud for most of the speech.  I have been previously critical of a Republican member protesting during the State of the Union\ and a serious breach of tradition by Associate Justice Sam Alito.

Here is my column in the Hill newspaper on the controversy.

 

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CNN: McCabe’s Abrupt Departure May Be Tied To Internal Investigation Findings

McCabeThe early departure of FBI Deputy Director Andrew McCabe has led to a spasm of speculation and criticism ranging from Comey’s warning of the destruction of  FBI knuckling under President Donald Trump to overwrought analogies to the rise of Hitler by one CNN commentator.  However, there are indications that McCabe may have been shown the door by FBI Director Chris Wray and even told that he faced demotion in light of an internal investigation.  Notably, on the eve of this disclosure a story was leaked that detailed the conversation between McCabe and Trump where Trump taunts McCabe about his wife being a political “loser.”  If true, the comments were shocking and distasteful but the emergence of these conflicting accounts show the intense struggle in Washington to control the narrative following McCabe taking leave pending his retirement. There have also been allegations of leaks by McCabe as both sides seeks to frame this controversy.

 

What is also notable is the continued leaks from Trump’s inner circle.  A new report describes Trump having a “tirade” on Air Force One because a top Justice Department official objected to the release of the four-page memo.  The content and speed of his leak is clearly meant to damage Trump and has to be coming from within his close staff — a recurring problem.  The motivation behind these leaks is an interesting question. It is not clear if it is meant to simply damage or somehow to deter the President .

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“Fake News, Fake News”: Trump Denies That He Wanted To Fire Mueller In June

donald_trump_president-elect_portrait_croppedAt the Davos conference in Switzerland, President Donald Trump denied the New York Times account that he ordered the firing of Special Counsel in June but was prevented by doing so when White House Counsel Don McGahn threatened to resign.  It is a highly disturbing allegation since such an act would have been catastrophic for the Trump Administration.  Now however President Trump is denying the story — responding to reporters with “fake news, fake news.”  What is curious is that the White House and particularly the White House Counsel did not deny the story.

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California’s Immigrant Worker Law Hands The Trump Administration A Golden Opportunity To Curtail The Golden State

imagesBelow is my column in the Hill newspaper on the new California law that the state Attorney General is pledging to enforce against employers who are cooperating with federal immigration authorities.  There are ample grounds for either businesses or the federal government or both to bring a legal action.  The arguments of California in Arizona v. United States — and the holding in that case — could prove damaging to the position of the state.

 

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Happy Anniversary To Washington’s “Least Untruthful” Witness: Clapper To Avoid Perjury Prosecution In March

220px-James_R._Clapper_official_portraitBelow is an expanded version of my column that ran in USA Today on the approaching expiration of the statute of limitations for prosecuting former National Intelligence Director James Clapper for perjury.  This is a city that protects its own and Clapper is the Beltway equivalent of a made man.  People like Clapper do not get prosecuted.  We do not call them criminal; just complicated.

Here is the column:

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Democratic Member Seeks New Impeachment Vote Based On Trump’s Alleged “Shithole” Comment

Al_Green_OfficialI have previously written about the endless calls for impeachment from Democratic members for everything from Trump criticizing NFL players to comments made about protesters. The Framers saw the great abuses caused not only by tyranny of nobility, but tyranny of the majority. They sought to insulate our government from the transient impulses of politics. The danger has been repeatedly shown by members who see virtually any act or comment by Donald Trump as a case for impeachment. The latest such example comes from Texas Representative Al Green, who declared that Trump’s alleged reference to “shithole countries” is sufficient grounds for impeachment. The last time I checked, pottymouth was not included in Article II with “Treason, Bribery, or other high Crimes and Misdemeanors.”

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Lewandowski Refuses To Answer Post-Campaign Questions Before The House Intelligence Committee

 

The day after the dubious refusal of Steve Bannon to answer questions before the House Intelligence Committee, Corey Lewandowski refused to answer lawmakers’ questions after pledging to answer any and all questions.  Lewandowski said that he was not prepared to answer questions concerning the period following his campaign tenure.  That is not a recognized basis to refuse to answer congressional questions. It ranks with “my dog ate my notes” as a basis for remaining silent.  He can always answer questions by saying that he does not recall but the basis for refusing to answer is highly problematic.

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Bannon Refuses To Answer Questions Before Congress — Faces Subpoenas and Potential Contempt Sanctions [UPDATED]

Screen_Shot_2016-08-18_at_9.57.02_AMSteve Bannon is now under subpoena by both House investigators and the Special Counsel after he refused to answer questions before Congress. Following a problematic pattern of current and former Administration figures, Bannon reportedly did not invoke executive privilege (which must be asserted by the White House) but refused to answer questions about his work on the transition team and White House.  There is no basis for such a broad assertion of executive privilege and, unless Bannon changes course, he could be looking at contempt sanctions down the road.  Despite his refusal to cooperate with the committee, he has reached a deal to speak with the Special Counsel investigators outside of a grand jury.

Update: The White House is now asserting that there were prior discussions with the Committee and the Committee violated the agreement on scope.  Notably however the agreement was to discuss only matters from the campaign and not the transition or White House periods. That would be an astonishingly limited scope for the Committee staff to agree to given the material events after the campaign, including the time periods covered by statements made by Bannon in the Wolff book.

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The Clinton Cash: The Russian Uranium Indictment And The Lingering Questions Over Influence Peddling [UPDATED]

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Clinton_Foundation_logoBelow is my column in the Hill Newspaper on the recent major indictment handed down in the Uranium One scandal.  As I have stated in the media, the indictment does not alter my skepticism over the likelihood of any criminal charges against Clinton. However, it does reaffirm lingering questions over the many millions of dollars pocketed by the Clintons personally or given to their Foundation  I think that there is little question about this money being given with the hopes of influencing the Clintons, and particularly Hillary Clinton.  The only question is whether it succeeded. For that, we would need an independent and full investigation.

UPDATED: This column was updated to more clearly distinguish the two contracts involved in the Russian transport of uranium (in the Lambert indictment) and the purchase of U.S. uranium holdings (in the Uranium One purchase). The indictment concerns a contract to transport uranium with a subsidiary of Rosatom.  This is the same agency at the heart of the Rosatom/Uranium One scandal but the contract occurred years before the purchase of Uranium One. 

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Democrats Search For Russians — Any Russians — For Collusion

download-1Below is my column in the Hill Newspaper on the controversy surrounding demand letters sent out by the Senate Select Committee on Intelligence — and the scope of the discovery sought by its lead Democratic counsel.  The scope of discovery is always a difficult issue in litigation and lawyers resist efforts to limit the scope of evidence.  However, reasonable limits are usually worked out between counsel but, in this case, the Senate counsel appears to have doubled down on a definition that is facially too broad. More importantly, it raises serious constitutional concerns.  The definition reads too much like a street cry to “bring out your Russians.”

Here is the column:

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Welcome To China Town: Manafort Challenge The Scope of the Special Counsel investigation

Chinatownposter1Below is my column in the Hill newspaper on the filing by Paul Manafort challenging the scope of the Special Counsel investigation.  Manafort’s filing of a civil action is quite telling in this circumstance.  As a criminal defendant, he can challenge the basis for the charges.  This seems like an effort to make a public case with little likelihood of legal success.  However, the public tends not to be particularly sympathetic with accused felons complaining that they were arrested by the wrong cop.  It is true that Manafort would likely not have been charged absent the Special Counsel investigation.  However, that is like complaining about the weather in Washington.

Here is the column:

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Is Comey’s Culpability A Simple Question of Math? Senate Presses Justice Department On Classification of Memos

440px-Comey-FBI-PortraitI have previously expressed my skepticism over the claims of James Comey that he had a right to remove memos from the FBI and leak them to the media through a friend.  As I have previously written, Comey was in clear violation of FBI rules and may have knowingly removed classified material.  According to Senate Judiciary Committee Chairman Chuck Grassley, there is growing evidence to suggest that Comey not only violated FBI guidelines (which is clear) but that he violated federal law in the removal and disclosure of classified material.  Indeed, it may come down to simple math.  Four of the memos that Comey removed are now believed to be classified.  He reportedly gave four memos to his friend to leak to the media.  That would suggest that at least one memo given to Columbia University Professor Daniel Richman was classified.

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