It has been another disastrous week in Trumpland. The “president” seems to be losing what control he ever had. He spends his days watching TV, throwing tantrums on Twitter, and dreaming up ways to punish his many “enemies.” He’s Nixon on steroids, and the Republicans continue to refuse to do anything to check his corruption and abuses of power.
On Wednesday, Trump unilaterally revoked the security clearance of former CIA chief John Brennan, and despite condemnations by former members of the intelligence community, he plans to keep revoking the clearances of anyone who dares to criticize him or who may have been in some way involved with the Russia investigation.
The Washington Post: White House drafts more clearance cancellations demanded by Trump.
The White House has drafted documents revoking the security clearances of current and former officials whom President Trump has demanded be punished for criticizing him or playing a role in the investigation of Russian interference in the 2016 election, according to senior administration officials.
Trump wants to sign “most if not all” of them, said one senior White House official, who indicated that communications aides, including press secretary Sarah Huckabee Sanders and Bill Shine, the newly named deputy chief of staff, have discussed the optimum times to release them as a distraction during unfavorable news cycles.
Yes, they admit these will be used to distract the public on bad news days for Trump!
Some presidential aides echoed concerns raised by outside critics that the threatened revocations smack of a Nixonian enemies list, with little or no substantive national security justification. Particular worry has been expressed inside the White House about Trump’s statement Friday that he intends “very quickly” to strip the clearance of current Justice Department official Bruce Ohr, according to officials who spoke on the condition of anonymity to discuss internal deliberations….
It was unclear what the argument would be for revoking Ohr’s clearance, since Deputy Attorney General Rod J. Rosenstein, while not specifying Ohr’s current job, has said he has had no involvement in the Mueller investigation, begun last year.
But Ohr knew Christopher Steele, the former British intelligence agent who was hired in 2016 by Fusion GPS, then working for Hillary Clinton’s campaign and the Democratic National Committee, to investigate Trump’s ties to Russia. Ohr’s wife also worked for Fusion GPS. According to news reports and congressional testimony, the two men discussed Trump before the election. Ohr later reported the conversation to the FBI.
Ohr is the only current official on the White House list of clearances Trump wants to lift. The others are former director of national intelligence James R. Clapper Jr.; former CIA director Michael V. Hayden; former FBI director James B. Comey; Obama national security adviser Susan E. Rice; former FBI officials Andrew McCabe, Lisa Page and Peter Strzok; and former acting attorney general Sally Yates. Several of them have said they no longer have clearances.
It’s difficult to believe that Trump’s actions could not be seen as obstruction of justice and witness tampering, since many of those on the “enemies list” are potential witnesses in Robert Mueller’s investigation. Yesterday, The Washington Post’s Aaron Blake addressed the issue: How Trump’s security-clearance gambit could actually get him in deeper trouble with Mueller.
I was on an MSNBC panel Thursday night with Elie Honig, a former federal prosecutor for the Southern District of New York, who suggested Trump’s revocation of security clearances could be construed as retaliation against witnesses. “It’s a federal crime — §1513 if anyone wants to look it up — to retaliate against someone for providing truthful information to law enforcement,” he said. “So he’s getting closer and closer to really dangerous ground here.”
Here’s the text of Section 1513(e):
Whoever knowingly, with the intent to retaliate, takes any action harmful to any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement officer any truthful information relating to the commission or possible commission of any Federal offense, shall be fined under this title or imprisoned not more than 10 years, or both.
Honig explained to me Friday that he didn’t necessarily think Trump’s revocation of Brennan’s security clearance would be a violation, given Brennan isn’t a major figure on the probe’s key events. But if he presses on and does it with others, Honig argued, it could.
Read the rest at the WaPo.
Last night Rachel Maddow interviewed John Brennan. Talking Point Memo: Brennan On Revoked Clearance: ‘This Country Is More Important Than Mr. Trump.’
Former CIA Director John Brennan was defiant Friday night in response to President Donald Trump’s revocation of his security clearance, and to Trump’s threatening to revoke the clearances of several other former intelligence and national security officials who’ve become harsh critics of his.
“I think this is an egregious act that it flies in the face of traditional practice, as well as common sense, as well as national security,” Brennan told MSNBC’s Rachel Maddow. “I think that’s why there’s been such an outcry from many intelligence professionals.”
Brennan told Maddow that he is thinking about taking legal action.
“A number of lawyers have reached out to say that there is a very strong case here, not so much to reclaim [my clearance] but to prevent this from happening in the future,” Brennan told Maddow, asked if he was considering legal action against the administration.
Some groups, including the ACLU, have alleged that revoking Brennan’s clearance in retaliation for his criticism of Trump, as the White House said was the case, was a violation of the former CIA director’s First Amendment rights.
Brennan repeated his accusation that Trump’s Helsinki summit with Russian President Vladimir was “nothing short of treasonous.”
And he said a Washington Post report that his clearance revocation had been timed “to divert attention from nonstop coverage of a critical book released by fired Trump aide Omarosa Manigault Newman” was “just another demonstration of [Trump’s] irresponsibility.”
“The fact that he’s using a security clearance of a former CIA director as a pawn in his public relations strategy, I think, is just so reflective of somebody who, quite frankly — I don’t want to use this term, maybe — but he’s drunk on power.”
Three reactions to Trump’s latest power grab to check out:
Tim Weiner at The New York Times: Trump Is Not a King.
In times of crisis, the leaders of the military and intelligence communities try to put aside their differences, often many and sundry, and work together for the good of the country. That’s what’s happening today with a remarkable group of retired generals, admirals and spymasters who have signed up for the resistance, telling the president of the United States, in so many words, that he is not a king.
Thirteen former leaders of the Pentagon, the C.I.A. and the F.B.I. have signed an open letter standing foursquare against President Trump, in favor of freedom of speech and, crucially, for the administration of justice. They have served presidents going back to Richard M. Nixon mostly without publicly criticizing the political conduct of a sitting commander in chief — until now.
They rebuked Mr. Trump for revoking the security clearance of John Brennan, the C.I.A. director under President Obama, in retaliation for his scalding condemnations and, ominously, for his role in “the rigged witch hunt” — the investigation into Russia’s attempt to fix the 2016 election, now in the hands of Robert S. Mueller III, the special counsel. The president’s latest attempt to punish or silence everyone connected with the case, along with his fiercest critics in political life, will not be his last….
The president aims to rid the government and the airwaves of his real and imagined enemies, especially anyone connected with the Russia investigation. Somewhere Richard Nixon may be looking up and smiling. But aboveground, the special counsel is taking notes.
The list of the signatories to the open letter defending Mr. Brennan is striking for the length and breadth of their experience. I never expected to see William H. Webster — he’s 95 years old, served nine years as F. B.I. director under Presidents Jimmy Carter and Ronald Reagan, then four more as C.I.A. director under Reagan and President George H. W. Bush — sign a political petition like this. The same with Robert M. Gates, who entered the C.I.A. under President Lyndon Johnson, ran it under George H. W. Bush and served as Secretary of Defense under Presidents George W. Bush and Barack Obama. These are not the kind of men who march on Washington. These are men who were marched upon.
Read more at the NYT.
Jonathan Chait at New York Magazine: Trump Is Making the Department of Justice Into His Own Private Goon Squad.
One morning earlier this week during executive time, President Trump tweeted out his assessment of the Russia investigation. “The Rigged Russian Witch Hunt goes on and on as the ‘originators and founders’ of this scam continue to be fired and demoted for their corrupt and illegal activity,” he raged. “All credibility is gone from this terrible Hoax, and much more will be lost as it proceeds. No Collusion!”
Amid this torrent of lies, the president had identified one important truth. There has in fact been a series of firings and demotions of law-enforcement officials. The casualties include FBI director James Comey, deputy director Andrew McCabe, general counsel James Baker, and, most recently, agent Peter Strzok. Robert Mueller is probing the circumstances surrounding Trump’s firing of Comey for a possible obstruction-of-justice charge. But for Trump, obstruction of justice is not so much a discrete act as a way of life.
The slowly unfolding purge, one of the most vivid expressions of Trump’s governing ethos, has served several purposes for the president. First, it has removed from direct authority a number of figures Trump suspects would fail to provide him the personal loyalty he demanded from Comey and expects from all officials in the federal government. Second, it supplies evidence for Trump’s claim that he is being hounded by trumped-up charges — just look at all the crooked officials who have been fired! Third, it intimidates remaining officials with the threat of firing and public humiliation if they take any actions contrary to Trump’s interests. Simply carrying out the law now requires a measure of personal bravery.
Trump has driven home this last factor through a series of taunts directed at his vanquished foes. After McCabe enraged Trump by approving a flight home for Comey after his firing last May, the president told him to ask his wife (who had run for state legislature, unsuccessfully) how it felt to be a loser. This March, Trump fired McCabe and has since tweeted that Comey and McCabe are “clowns and losers.” The delight Trump takes in tormenting his victims, frequently calling attention to Strzok’s extramarital affair — as if Trump actually cared about fidelity! — underscores his determination to strip his targets of their dignity.
Click on the link to read the rest.
Bob Bauer at Lawfare: Richard Nixon, Donald Trump and the ‘Breach of Faith.’
Journalist and presidential historian Theodore H. White thought of Richard Nixon’s downfall as the consequence of a “breach of faith.” Perhaps it was a “myth,” but an important one, that “is responsibility,” White wrote. But it was important nonetheless that Americans believe that this office, conferring extraordinary power, would “burn the dross from [the president’s] character; his duties would, by their very weight, make him a superior man, fit to sustain the burden of the law, wise and enduring enough to resist the clash of all selfish interests.”
A president who frustrates this expectation, failing to exhibit the transformative effects of oath and office, will have broken faith with the American public. And yet, White believed that Nixon’s presidency had been an aberration. “[M]any stupid, hypocritical and limited men had reached that office,” he wrote. “But all, when publicly summoned to give witness, chose to honor the legends” of what the office required of a president’s behavior in office.
White’s understanding of what constitutes a “breach of faith” is well worth recalling in considering the presidency of Donald Trump. As White understood it, the term encompassed more than illegal conduct or participation in its cover-up. It was a quality of leadership—or more to the point, the absence of critical qualities—that defined a president’s “betrayal” of his office. What elevated Nixon’s misdeeds to a fatal constitutional flaw, forcing him to surrender his presidency, was the breaking of faith with the American people. Nixon brushed the legal and ethical limits on pursuing his own political and personal welfare. He held grudges and was vindictive; he looked to destroy his enemies rather than simply prevailing over them in hard, clean fights. He lied repeatedly to spare himself the costs of truth-telling.
All of this may be said of Donald Trump, but for a key difference: Nixon was anxious to conceal much of this behavior from public view.
Much has been said and written about Trump’s leadership style: the chronic resort to false claims; the incessant tweeting of taunts and personal attacks on his adversaries; the open undermining of members of his own administration; the abandonment of norms; the refusal to credit, respect or support the impartial administration of justice where his personal or political interests are stake; and the use of office to promote his personal business enterprises. By now, almost two years into his administration, it is clear that this is who he is.
Like Nixon, Trump seems to believe that his behavior is justified by the extraordinary and ruthless opposition of an “establishment”—comprised mainly of the media, the opposition party, and intellectuals—to his election and his politics.
Please go read the rest at Lawfare.
That’s all I have for you today. Please share your thoughts and links in the comment thread below.