Sunday, November 12, 2017

Politics has nothing to do with it.

At National Review, Andrew McCarthy writes,
...the Trump collusion case is not getting the kid-glove Clinton emails treatment.

Lest we forget, President Obama had endorsed Mrs. Clinton, his former secretary of state and his party’s nominee, to be president. Moreover, Obama had knowingly participated in the conduct for which Clinton was under investigation — using a pseudonym in communicating with her about classified government business over an unsecure private communication system.

Obama prejudiced the emails investigation. Long before it was formally ended, he publicly pronounced Clinton innocent. He theorized that she had not intended to harm the United States. Even if true, that fact would be irrelevant — it is not an element of the statutory offenses at issue, under which several military officials, who also had no intent to harm our country, have nevertheless been prosecuted. (It also had nothing to do with her quite intentional destruction of thousands of emails, many relating to government business — also a serious crime.)

...Manafort has been charged with multiple felonies for failure to register as a foreign agent, an offense the government almost never prosecutes — the Justice Department’s practice is to encourage foreign agents to comply with the law rather than indict them for failing to do so. By contrast, the FBI and Justice Department rationalized their failure to charge Clinton for mishandling classified information by claiming that her offense was so rarely prosecuted that it would be unfair — it would smack of invidious selective prosecution — to charge her with even a single offense. Clinton’s homebrew server system stored well over 2,000 emails that contained classified information, including over 100 that were undeniably classified at the time they were sent. Eight of those involved chains of communications classified as top secret, the classification the government assigns to information the mishandling of which could be expected to cause “exceptionally grave damage” to national security (and seven of these were designated as “special access program,” meaning mishandling could be expected to expose critical intelligence programs and endanger the lives of intelligence sources).

George Papadopoulos is a low-level subject of the collusion investigation who did not commit any crimes in his many contacts with Russia-connected sources. Yet Mueller induced him to plead guilty to a felony count of lying to investigators about the timing of his first meeting with such a source. In stark contrast, while a number of Clinton subordinates asserted their Fifth Amendment right to refuse to answer questions on the ground that truthful answers could incriminate them, none of them was prosecuted. Instead, the Obama Justice Department gave them immunity.

Mueller alleges that Manafort lied to the Justice Department when he finally (in late 2016 and early 2017) filed paperwork under the Foreign Agent Registration Act (FARA). Although Congress has made the making of false statements in FARA submissions a misdemeanor, Mueller charged Manafort with both this misdemeanor offense and a separate felony (under the statute that generally makes lying to government investigators a crime). Thus, he turned a single offense into two crimes and drastically inflated the potential penalty — well beyond what Congress intended for the offense.

By contrast, several subjects of the Clinton emails investigation made blatant misrepresentations in FBI interviews but were not prosecuted at all. For example, Secretary Clinton’s former top aides, Cheryl Mills and Huma Abedin, claimed not to have known about Clinton’s private server system when they were working for her at the State Department — even though there is an email exchange in which they discussed it (and Abedin had an email address on the system). For her part, Mrs. Clinton claimed not to know what the designation “[C]” means in classified documents. As a longtime consumer of classified information, Clinton obviously knew it means “confidential.” Upon becoming secretary of state, Clinton signed an acknowledgment that she had been indoctrinated in the rules and procedures governing the secure handling of classified information. In it, she represented that she had read and understood an executive order — signed by her husband when he was president — that describes the levels of classification, including confidential. Yet, Clinton ludicrously told interviewing agents she thought “[C]” might have something to do with putting information in alphabetical order.

But that’s the way it goes. Often, the Justice Department is so hell-bent on making the case, it will play an intimidating game of hardball if that’s what it takes. On rare occasions, though, it works just as hard to not make the case — to see no evil. We can all be thankful, I’m sure, that politics has nothing to do with it.

Read more here.

No comments: