The breathless revelations that Michael “not a consigliere” Cohen recorded his phone call(s) to Trump to discuss buying the rights to a Playmate’s tell all about the Donald were trumped by the rumour that Mueller was going to subpoena testimony from a famous New York Madame who was tied up in the Elliot Spitzer scandal and once worked for the very creepy Roger Stone. Special Counsel Mueller, unable to find any connection between Trump and Russians, has opted for the endless delights of exposing the seamy underbelly of the Big Apple. He’ll be busy for years with the “gotcha” just around another New York City corner. Some curmudgeons are complaining about the cost of Mueller’s Special Counsel sitcom. Not this one, I think the American People are getting great value for money. Entire television series have had less plot and fewer doubtful characters than the Mueller show and I, for one, am very grateful.
The serious minded, front of the room, kids do have a point that Mueller is serving as a distraction from the investigation of the previous administration’s abuse of the Intelligence Community, the DOJ and the FBI in the small matter of the assorted FISA Court applications for surveillance on minor Trump operatives. Which is true; but it is also largely irrelevant. Unlike the “Trump colluded with the Russians” farce, there are facts of the matter in the FISA case and general abuse of process by the last administration and those facts have been committed to paper. That exposing those facts is taking a very long time is frustrating but it is not fatal to the enterprise of exposing who did what. The FISA application and renewals were on paper and signed by identifiable people. The White House and UN Ambassador “unmaskings” of US persons left a paper trail. The use of the Steele dossier (and its very interesting manner of compilation) to obtain the FISA warrants are all ripe for exposure. The critical fact being that Trump, as the head of the Executive Branch, can declassify all of these documents. Why he has not done so until now is a bit of a mystery but, on a bet, I would say he is keeping his powder dry as the Mueller farce plays out.
But now we roll around to treason. The lengthy report of the DOJ Inspector General confirmed – as if confirmation were needed – that the “investigation” into Hillary Clinton’s illegal use of a personal server for government business was pro forma at best and a politically motivated whitewash at worst. The FBI’s finest reduced themselves to Keystone Kops in their zeal to protect Hilly (and her henchpeople) from the consequences of her choice to run her own, private, communications setup. It ignored the fact that this server and the classified information which went through it, was almost certainly compromised by multiple enemies and potential enemies of the American State.
There is simply no room for doubt left: Clinton, for her own purposes, created a private communications network which was then compromised by foreign state actors. Now, was this treason per the US Constitution. Probably not.
“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.”
Treason requires that an individual actively give support to America’s enemies and while Clinton and her people were grossly negligent, it appears that they were simply too stupid to think through the consequences of the Secretary of State running an insecure server. (Or, as seems more likely, too arrogant to care about those consequences.)
However, despite the learned “Judge” Comely rewriting the standard of proof for the Espionage Act, no requirement of intent to give aid and comfort to America’s enemies is to be found in that Act. In fact, no intent at all is required for an action to attract the effects of that Act. Simply being careless with classified information is enough to attract charges.
If the FBI, at the conclusion of a good faith investigation had recommended charges against Clinton and her staffers, it would have discharged its duty and left the decision to prosecute where it belonged, at the DOJ. Instead, Comely and a number of other FBI staffers conducted a sloppy, irregular investigation and then Comely arrogated the charging authority from the DOJ on the basis of then AG Lynch’s ill advised tarmac meeting with Hilly’s husband Bill. This was entirely improper. The charging decision is the DOJ’s not the FBI’s and if Lynch believed herself compromised, she could easily have recused herself and allowed a deputy to make the call.
It might have gone the same way, but the DOJ exercises a supervisory role with respect to the FBI and an honest DOJ official would have wanted to review the investigation before reaching the odd legal conclusion that the Act required “intent” when it expressly does not.
The farce, shenanigans and near treason all go back to a common origin story: the cack-handed decision to let Hillary walk away from her actions in creating an illegal, private, communications network when she was Secretary of State. Once that decision was made the Intelligence Community, the FBI, the DOJ and the White House had to pray that Hillary would win the election and that these decisions would stay safely swept under the carpet. Some members of those communities did more than pray leading to the FISA applications, the Steele dossier, the unmaskings and the questionable surveillance of the Trump campaign.
It was the mainspring of what FBI man Peter Stzrok described as an “insurance policy”, a means of defeating Trump even if he actually managed to win the election. Because the IC, FBI, DOJ and ex-Obama Whitehouse operatives knew that if Trump won, they all were in huge jeopardy of prosecution for their roles in exonerating Hilly and spying on Trump.