Well, well, well. As the rumors of more indictments of Trump acolytes circulate in the winter winds of Washington, the Trump enablers in Congress appear to have been overcome with a bad case of nerves. They are pulling out the stops in an overt effort to derail the investigation by Special Prosecutor Mueller before it makes another public move against the Trump team. Trump himself approved the release of classified information in the now infamous “Nunes memo,” and promptly tweeted that the memo completely exonerated him of any charge of collusion or obstruction of justice. In case you don’t do Twitter, here is what he said:
This memo totally vindicates “Trump” in probe. But the Russian Witch Hunt goes on and on. Their was no Collusion and there was no Obstruction (the word now used because, after one year of looking endlessly and finding NOTHING, collusion is dead). This is an American disgrace!
Au contraire, I suggest that his personal involvement in the release of the memo and attempt to use it to thwart the Mueller investigation represents, by itself, hard evidence of a direct attempt by Trump to obstruct justice by interfering in the investigation regarding his and his allies conduct. Bad move.
Today I want to turn to Alan Dershowitz who, not long ago, was a “regular” on CNN, first as a seemingly independent “legal expert” and then, increasingly, making partisan arguments in support of Trump’s position that “because I am President, I can do no wrong.” Dershowitz, a highly educated and aggressive advocate, is now a “regular” on Fox News.
Dershowitz has now argued that the Nunes Memo is a credible document entitled to respect andfurther validation. See http://fxn.ws/2DYLWDO While acknowledging that the memo is a “second hand, hearsay, account,” Dershowitz nevertheless says the memo establishes “probable cause” (the legal standard for making an arrest), for further investigation. His use of the term “probable cause” is an unsubtle way of suggesting, without saying it, that the Nunes document is evidence that a crime was committed by the FBI and/or Justice Department in applying for legal permission to surveil Carter Page, a Trump promoter and campaign worker. Dershowitz repeats his earlier call for a “nonpartisan commission of objective experts to investigate the entire issue of Russian involvement in the election and other claims made by either party about any unfairness surrounding it.” [my emphasis]
Putting aside where on this planet and this country, such “objective experts” might be found, Dershowitz, to his credit, adds that the Democratic version of the Nunes claims, also “secondhand and hearsay,” should also be released (not happening while Republicans are running things) and that this will “help to level the playing field.” Then, subject to “real needs of national security,” whatever that means and whoever would decide, the public should get the entire “redacted version” of the FISA application for surveillance of Carter Page and be able to judge for themselves whether the FBI and Department of Justice engaged in a flam-flam, not once, but at least four times, with the FISA judges (different ones for each renewal of the FISA warrant).
So what we have here, according to Dershowitz, is a situation where secondhand, highly partisan hearsay “information” from Republicans like Nunes with a history of secret dealings with the White House about the Russia election interference raises sufficient issues that we should stop the Mueller investigation and start all over again with a “nonpartisan commission” of “objective experts” to consider the issues raised by Russian interference, all because of a partisan contention that one person was surveilled inappropriately supported only by “secondhand hearsay” information.
If this weren’t so serious. it would be laughable. Whether or not it’s true that Congress should have proceeded by nonpartisan commission rather than a special prosecutor, it is too late to change trains. The Mueller investigation is way down the tracks. The desperate maneuver of releasing only the Republican version of the Nunes memo indicates pretty clearly that the heat is being felt in the White House and on Capitol Hill. Whether deliberate or not, Dershowitz’s argument would lead to a massive slowdown, perhaps a complete shutdown, of the entire investigation, which is, of course, exactly what Trump and the Republicans in Congress wanted when they released the memo.
Dershowitz disagrees, of course, arguing that the “American public has lost faith in the objectivity of congressional committees.” No doubt, they have. Why would it be otherwise? The secret maneuvering of the Republican leadership, Nunes’s dark-of-night visits to the White House and all the other nonsense would give the Pope a headache. The notion that the public can effectively act as a jury viewing a heavily redacted document while Republicans and Democrats hurl invectives at each other about its meaning is a bridge way too far, a prescription for delay and ultimate failure. Imperfect as the process may be, the Special Prosecutor has the intelligence, independence and proper tools to do the job that needs doing.
If the President would just shut up, the entire process, and the American people in the bargain, would be well served. The fact that he keeps proclaiming his innocence when he hasn’t been charged with anything is quite telling. His behavior is that of a guilty person flailing in panic at the realization that his conduct is about to be laid bare for the world to see.
As a final word on this, do not fall prey to the facile word play of skilled advocates like Dershowitz. His legal credentials and carefully crafted arguments may seem reasonable on the surface. Before making a judgment about this, read the piece in Politico by Paul Rosenzweig at http://politi.co/2DW2fkG entitled “Even If You Take the Nunes Memo Seriously, It Makes No Sense.” The conservative R Institute, with which Rosenzweig is a Senior Fellow, sits quite far from the left wing of the Democratic Party. He is clearly not a partisan for the anti-Trump side of this fight.
The article addresses this: “let’s take the Nunes memorandum on its merits and assume that it is what it purports to be—an accurate summary of a purported problem with the FISA application process. What then should we make of it?” Rosenzweig, in my opinion, eviscerates the Nunes/Dershowitz/Trump position on the FISA application. Read it – it’s short and accessible — and then judge for yourself.