“Acts Of Journalistic Malpractice”: Email Servers Are Just The Latest Manufactured Scandal
You read it here first: “Fearless prediction,” this column began last April 6: “No legalistic deus ex machina will descend to save the nation from the dread specter of President Hillary Rodham Clinton…no Kenneth Starr-style ‘independent’ prosecutor, no criminal indictment over her ‘damn emails,’ no how, no way.
“Ain’t gonna happen…
“Those impassioned Trump supporters holding ‘Hillary for Prison’ signs are sure to be disappointed. Again. Played for suckers by a scandal-mongering news media that declared open season on Clinton 25 years ago. And haven’t laid a glove on her yet.”
If they wanted to prevent Hillary from taking the oath of office next January, I wrote, voters were “going to have to do it the old-fashioned way: defeat her at the polls.”
As of this writing, that’s not looking too likely either. Minutes before the news broke that FBI Director James B. Comey announced that “no reasonable prosecutor” would bring criminal charges against Secretary Clinton, I’d made an observation to a Republican friend on Facebook regarding his expressed wish to see her jailed.
“As a personal matter,” I wrote, “you wouldn’t trust Trump to walk your dog.” After Comey’s announcement, he groused that Hillary had friends in high places, but didn’t dispute my characterization of Trump. Although we disagree politically, I’d trust my friend with anything requiring honesty and steadfastness—dog-walking, cow-feeding, anything at all.
I see Trump, I keep my hand on my wallet. Seen that bizarre interview on Lives of the Rich and Famous where Trump speculates about the eventual size of his infant daughter’s breasts?
No? Then read on USA Today about the thousands of contractors—carpenters, plumbers, electricians–Trump’s stiffed on construction jobs. You do the work, he doesn’t pay. Even his own lawyers sometimes.
The man’s been sued 3500 times. Think he gives a damn about you?
So anyway, last week saw the collapse of not one, but two ballyhooed Hillary Clinton investigations. Even after two years, $7 million and 800-odd pages, Rep. Trey Gowdy’s celebrated Benghazi committee—the eighth of its kind—failed to come up with hurtful new evidence against Secretary Clinton in the tragic events in Libya on September 11, 2012.
But then that wasn’t necessarily the point.
“Everybody thought Hillary Clinton was unbeatable, right? But we put together a Benghazi special committee, a select committee,” GOP Majority Leader Kevin McCarthy boasted last September. “What are her numbers today? Her numbers are dropping. Why? Because she’s untrustable.”
So the committee folds its cards, Bill Clinton does his happy Labrador retriever act on Attorney General Loretta Lynch’s airplane, and The Washington Post says we’re nevertheless back to Square One: “Can Hillary Clinton Overcome Her Trust Problem?” reporter Anne Gearan asks.
Clinton herself acknowledges that voters don’t see her as Miss Congeniality. She says she’s working hard to overcome that impression, but acknowledges it’s an uphill struggle.
“You know, you hear 25 years’ worth of wild accusations, anyone could start to wonder…Political opponents and conspiracy theorists have accused me of every crime in the book. None of it’s true, never has been, but it also never goes away,” Clinton told the Post.
“And it certainly is true that I’ve made mistakes. I don’t know anyone who hasn’t,” Clinton continued. “So I understand that people have questions.”
Indeed many of those “questions” about Hillary’s dishonesty originated in acts of journalistic malpractice so crude that their authors would have been shamed out of the profession—if the profession had any shame at the Washington pundit level.
Back in December 1995, ABC’s Nightline broadcast a doctored video clip that made Hillary appear to be lying about representing a Whitewater savings and loan. In reality, she’d explained her role as billing attorney on the account. No wonder “the White House was so worried about what was in Vince Foster’s office when he killed himself,” Jeff Greenfield observed, an insinuation as ugly as it was false.
Her imminent indictment was widely predicted.
A few months later, financial journalist James B. Stewart appeared on the same program, promoting his farcically inaccurate book “Blood Sport.” (He’d failed to read the Treasury Department’s “Pillsbury Report” and taken soon-to-be-convicted Jim McDougal’s word for everything.) Stewart gravely produced a loan application he alleged that Hillary had falsified, a federal crime, he said.
Joe Conason noticed something at the bottom of the page: “(BOTH SIDES OF THIS DOCUMENT MUST BE COMPLETED.)” Sure enough, Stewart had neglected to examine page two of a two page application.
Oops, hold the handcuffs and the orange jumpsuit.
If you think Stewart’s career suffered, you must not read the New York Times or the New Yorker.
Anyway, nothing’s really changed. Paradoxically, the collapse of one ballyhooed Clinton “scandal” after another appears to have hurt her. Few follow the details. But people suspect that she must be especially cunning and slippery to keep getting away with it, the bitch.
By: Gene Lyons, The National Memo, July 5, 2016
“Trump Is Mishandling The Clinton Email Controversy”: Insisting Repeatedly That The Investigation Was Rigged
At Think Progress, Ian Millhiser helpfully explains why Hillary Clinton won’t be facing any criminal charges for her use of a private email server while serving as Secretary of State. There are a lot of legal issues and precedents to discuss, but it can all be boiled down to one simple thing.
Setting aside the bare language of the law, there’s also a very important practical reason why officials in Clinton’s position are not typically indicted. The security applied to classified email systems is simply absurd. For this reason, a former CIA general counsel told the Washington Post’s David Ignatius, “’it’s common’ that people end up using unclassified systems to transmit classified information.” “’It’s inevitable, because the classified systems are often cumbersome and lots of people have access to the classified e-mails or cables.’ People who need quick guidance about a sensitive matter often pick up the phone or send a message on an open system. They shouldn’t, but they do.”
Indicting Clinton would require the Justice Department to apply a legal standard that would endanger countless officials throughout the government, and that would make it impossible for many government offices to function effectively.
That’s the bottom line.
Of course, Clinton was not exonerated. FBI Director James Comey was scathing at times in his criticism, and would not even guarantee that the former Secretary of State’s emails hadn’t been read by foreign and hostile intelligence agencies.
With respect to potential computer intrusion by hostile actors, we did not find direct evidence that Secretary Clinton’s personal e-mail domain, in its various configurations since 2009, was successfully hacked. But, given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.
There’s been a lot of hype about these damn emails, but Clinton deserves some criticism. She did not get a clean bill of health here, and the subject will be a legitimate issue during the campaign. That doesn’t mean that Donald Trump has handled the controversy with any deftness. By insisting repeatedly that the investigation was rigged, he undermined the case he should be making now, which is that the FBI is credible and should be taken seriously. But, instead, he’s still saying that the investigation was rigged.
That’s basically taking a weak, contentious and conspiratorial case in place of one that is backed up by the investigators. It’s particularly stupid because, now that we know that no charges will be filed, this is an entirely political controversy. And the object, for Trump, should be to get the maximum possible political mileage out of it. He could be making the case that Clinton shouldn’t be trusted to handle the nation’s national security because she did a poor job of safeguarding its secrets when she served in the Obama administration, but he’s instead saying that the FBI engaged in a coverup.
Consider that James Comey was confirmed by the Senate on July 29, 2013 as the director of the FBI for a term of ten years. If Donald Trump becomes president and serves for two full terms, his presidency will end on January 20th, 2025. In other words, Comey would be the FBI Director for all but the last 18 months of a Trump presidency. And, yet, Trump’s reaction to Comey’s statement today is to question his integrity and independence and to run down the organization that Comey heads.
It’s not hard to see that this isn’t the beginning of a good working relationship, and at least some voters will notice this and be concerned about it.
Trump will rile up some people who were already convinced that Clinton is a she-devil, but he won’t get much else out of this if he continues to shift the focus off of where it can help him make a case against his opponent.
The truth is, she should not have been indicted and most people will agree that the correct decision was made. So, focusing on the decision is actually doing her a giant favor.
By: Martin Longman, Political Animal Blog, The Washington Monthly, July 5, 2016
“The Final And Most Powerful Advantage”: Hillary Clinton Has A Secret Weapon. His Name Is Barack Obama
Hillary Clinton is crushing Donald Trump. In the latest ABC News/Washington Post poll, she thumped Trump 51 percent to 39 percent among registered voters nationwide. That’s an almost inconceivable 14-point swing in the Democrat’s favor since May.
But maybe we shouldn’t be surprised. Trump is barely even contesting the election, at least when it comes to the traditional fields of political combat. Last week, for example, it came out that he was running literally zero campaign ads in several swing states. The reason? His campaign is practically broke. It’s unprecedented for a major party nominee to basically not campaign. Is it any wonder Trump has resorted to crowing about polls in which he’s only losing narrowly?
Of course, there’s no guarantee this dynamic will last. Maybe Trump will get his act together and stop behaving like a silage-addled steer. Maybe the economy will crater and Trump will exploit it. Maybe Republicans will somehow oust him at the convention.
But even if these things happen, and Clinton’s healthy lead over Trump dwindles, we shouldn’t forget the final and most powerful advantage Clinton will have: President Obama.
No sitting president in modern times has ever campaigned at full strength for his party’s nominee. George W. Bush was persona non grata on the campaign trail by 2008. Bill Clinton was seen as damaged goods by Al Gore in 2000, who distanced himself from the Clinton name (despite the 42nd president’s tremendous popularity at the time). Ronald Reagan was already elderly in 1988 and did not have a great relationship with George H.W. Bush. LBJ quit politics altogether in 1968. Eisenhower did campaign a bit for Nixon, but he was also old by 1960, and avoided much of the campaign.
President Obama, by contrast, is still quite young (indeed, he is 14 years younger than Clinton herself), and by all accounts is eager to help Clinton, who represents the best chance of preserving his legacy. Any lingering sense that a soon-to-be former president should refrain from campaigning to preserve the dignity of the office is utterly dead. And as he finishes his presidency, Obama is more popular today than he has been since the bin Laden raid — part of an upward trend that shows no sign of slowing.
The economy is doing reasonably okay, particularly compared to several years ago, and as Obama himself is not running for re-election, some of the partisan hatred has passed to Clinton. But perhaps more importantly, Obama’s personality is extraordinarily well-suited for this political moment. Like him or hate him, you have to admit that he is even-keeled almost to a fault. Always cool, always considered, Obama never flies off the handle and rarely expresses any emotion aside from a wry humor. In a chaotic world, Obama is a reassuring presence.
Sometimes that leads to grotesque immorality, as when he flippantly disregarded the legal obligation that torturers be prosecuted. But when instability is breaking out everywhere, and things are developing fast — like, for example, when the U.K. has just voted to leave the European Union, precipitating a financial panic, and potentially auguring the crackup of the eurozone and the U.K. itself — it’s nice to know that the president is always going to keep his icy cool.
This kind of clamor and chaos seems to be happening every other week in 2016. Even aside from the horrifying spree killings and endless war in the Middle East, the tectonic plates of politics in Western nations are crumbling. Open bigotry and ethnic nationalism are making huge political inroads, and pointless austerity has badly damaged or destroyed the political establishment in many countries — Spain, to pick one example out of many, just had its two hung parliaments after not a single one since the end of the Franco dictatorship.
A deranged maniac is about to become the official presidential nominee of the Republican Party. It seems a safe bet at this point that Trump is not going to discover some inner reservoir of quiet intelligence. He’s a hair-trigger showboating ignoramus to the bone. And as the campaign goes on, and Trump says goofy, alarming nonsense in response to one crisis after another, Obama’s quiet, competent reserve is going to look increasingly appealing.
Hillary Clinton will only benefit partially from this, of course. She simply does not have Obama’s unflappability. But she’ll gain much by simple association with Obama’s extreme chill, and can only benefit by contrast with Trump’s extreme capering. Should she win in November — particularly by a large enough margin to take back the House of Representatives — Obama can claim a large share of the credit.
By: Ryan Cooper, The Week, June 28, 2016
“Let’s Make Torture Great Again”: Donald Trump Thinks America Must Commit War Crimes As A Matter Of Principle
Hours after Tuesday’s massacre at Ataturk International Airport, Donald Trump called on America to “fight fire with fire.” The presumptive GOP nominee told supporters in Ohio that, while he likes waterboarding, it probably isn’t “tough enough.”
“We have to be so strong,” Trump said. “We have to fight so viciously. And violently because we’re dealing with violent people viciously.”
On Thursday night in New Hampshire, Trump reiterated his belief that America should hold itself to the same standard as a fascist death cult. Asked by local station NH1 to respond to Senator John McCain’s claim that torture is “not the American way,” Trump replied:
Well it’s not the American way to have heads chopped off and have people drowning in steel cages … And so we can have our disagreements, but we’re going to have to get much tougher as a country. We’re going to have to be a lot sharper and we’re going to have to do things that are unthinkable almost.
It’s worth remembering that, for the Republican standard-bearer, ordering the military to hunt down and kill the wives and children of suspected terrorists falls under the “thinkable” column.
That Donald Trump will happily court human beings’ worst instincts for political gain is not breaking news. What’s interesting about his renewed support for deliberate war crimes is that there’s no evidence such heinousness even has a political upside. In the wake of the Orlando shooting, the American people were scared. Eight in ten told pollsters from the Washington Post and ABC News that they were afraid of lone-wolf terrorism. But those respondents also overwhelmingly preferred Clinton’s response to the tragedy over Trump’s, and had more faith in her capacity to handle terrorism than they did in the mogul’s. This marks a departure from past campaign cycles, in which Republican candidates have consistently enjoyed higher marks than their Democratic rivals on matters of national security.
Part of this change can be explained by the unusually stark discrepancy between the two presumptive nominees’ levels of foreign-policy experience. But in the previous Washington Post–ABC News poll, taken in May, Trump was only three points behind Clinton on the issue of terrorism; he fell 11 points behind her in the wake of Orlando. Thus, it appears that the American people find a former secretary of State calmly laying out a detail-oriented plan for reducing terrorism to be more comforting than a real-estate mogul shouting that the nation must chose between his radical agenda and certain doom.
In light of this finding, it seems unfair to assume that Trump’s pledge to do the “unthinkable” is motivated by crass political calculations. Rather, pundits should give the presumptive GOP nominee the benefit of the doubt, and assume his support for war crimes is a genuine expression of a deeply held faith in the cleansing power of sadistic violence.
By: Eric Levitz, Daily Intelligencer, New York Magazine, July 1, 2016
“If You Have To Ask…”: Trump’s Baffled; ‘Why Am I Not Doing Better In The Polls?’
Last weekend, Paul Manafort, Donald Trump’s campaign chairman, appeared on NBC’s “Meet the Press” and expressed nothing but confidence about the state of the race. Chuck Todd noted recent polling showing Hillary Clinton leading and asked Manafort whether he’d concede that his candidate was trailing. “No,” he replied, adding, “[W]e’re confident that we are not behind the Clinton campaign.”
Obviously, the polling evidence is readily accessible, but more to the point, Manafort doesn’t appear to have convinced his boss. Politico had this report yesterday on Trump’s appearance on Mike Gallagher’s conservative talk-radio show.
“Well, you know, I really feel it, Mike. I go to Ohio, we were there two days ago, and Pennsylvania and near Pittsburgh and we – I was in West Virginia, the crowds are massive. And you know, I walked out of one, and I said, ‘I don’t see how I’m not leading,’” Trump said, invoking the size of his crowds.
“We have thousands of people standing outside trying to get in, and they’re great people and they have such spirit for the country and love for the country, and I’m saying, you know, ‘Why am I not doing better in the polls?’”
First, the fact that Trump is even asking the question is notable, given the campaign’s pretense that Trump is doing just fine in the polls. “I don’t see how I’m not leading” is the sort of thing a candidate says when he knows that he’s … not leading.
Second, and more important, is the fact that the first-time candidate doesn’t seem to understand the difference between having fans show up at public events and actually winning at the national and statewide level. Bernie Sanders also saw “massive” crowds, and as impressive as that was, the senator still came up short in the race for the Democratic nomination.
Every major presidential candidate can draw an audience. That doesn’t mean he or she is going to win.
That said, these comments from Trump aren’t just amateurish, they also shed light on why he assumes the polls are wrong. In the Republican’s mind, if the surveys were correct, he wouldn’t have thousands of people showing up to cheer him. That doesn’t actually make any sense, but from his perspective, it’s easier to believe “crowds = victory” than to accept polls showing him trailing.
By: Steve Benen, The Maddow Blog, Junly 1, 2016
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