Mueller’s Muddle

05 Wednesday Jun 2019

Posted by pnuetz in Trump Administration

Tags

Christopher Steele, DOJ, Donald Trump, Impeachment, Inspector General, James Comey, Jonathan Turley, Mueller Report, Nancy Pelosi, Obstruction of Justice, Office of Legal Council, Robert Mueller, Rod Rosenstein, Russian Collusion, Steele Dossier, William Barr

The Mueller Report effectively put to rest allegations of collusion between the Trump campaign and Russia to influence the 2016 election, despite lingering wails from crestfallen Trump haters. But Trump lovers and haters alike might agree that the report should have settled much more, including whether there was evidence on which a charge of obstruction of justice could be brought against Trump. Robert Mueller demurred from that responsibility as a prosecutor, but he left a few tempting but ultimately dangerous crumbs for those still obsessed with toppling Trump.

Mueller’s statement last Wednesday wavered around the suggestion that Trump might be guilty of obstruction, a connotation colored more by politics than evidence. My conclusions, gleaned from both the report and a few other sources, are the following:

There was no evidence of collusion between the Trump campaign and Russia.
The original allegations were an attempted set-up of Trump. The scheme relied in part on the fraudulent Christopher Steele dossier, which was financed by the Clinton campaign, as well as a series of misrepresentations and suspicious contacts arranged by high-level officials at the Department of Justice and the FBI. That the entire investigation might have been compromised by such a conspiracy was not addressed by Mueller in the report, but we will learn more very soon when the DOJ’s Inspector General issues his findings. The IG will be interviewing Steele himself in the UK before long.
Mueller probably knew there was no collusion early in the investigation, but he persisted in “investigating” for two years. In my view, that created the appearance of an effort to entrap an angry Trump on obstruction charges.
Trump reacted to the collusion charges with a kind of raving petulance. Of course, it’s hard to blame him for his anger, and Mueller more-or-less acknowledged that. Trump did and said things that surely sounded intemperate, though some were within his prerogative (e.g., firing James Comey). Certain impulsive statements and actions might have risen to the level of obstruction had he not “changed his mind”, or had he bothered to follow-up on execution by aides. And Trump made statements (not under oath) that we’re intended to influence public opinion and possibly the willingness of certain witnesses to cooperate with investigators, but that sort of intent is hard to prove.
Of the ten instances of possible obstruction listed by Mueller in his report, two came dangerously close to qualifying as obstruction, two others were more of a stretch, and the rest were readily explained by motives other than an intent to obstruct, as Mueller sometimes indicated in the report.
Several of the possible obstruction issues were mitigated by Trump’s apparent willingness to cooperate with the investigation, including the provision to Mueller’s office of a huge volume of emails and documents, and by allowing members of the administration to be interviewed, some at great length.
Jonathan Turley has expressed his dismay at three underhanded actions taken by Mueller, one in the report itself and two in the wake of its delivery to his superiors at the DOJ (Attorney General William Barr and Deputy AG Rod Rosenstein). The first was an omission: Mueller chose not to identify grand jury material that had to be redacted before release to the public. This was contrary to instructions and with knowledge that the omission would delay the report’s release to the public and reflect badly on Barr.
The second action noted by Turley was a letter sent by Mueller to Barr complaining about the “impression” created by Barr’s summary of the report, despite the fact that Barr had invited Mueller to review the summary in advance. The letter also asked Barr to “release uncleared portions of the report”, which Mueller knew was prohibited. This also seems to have been intended to reflect badly on Barr.
Turley’s third point is Mueller’s legally incoherent statement that “he would have cleared Trump if he could have” but chose not to draw a conclusion. Mueller invoked an opinion from the DOJ’s Office of Legal Council (OLC), which he claimed prohibited the indictment of a sitting president. But over a period of two years, he failed to seek further guidance on the question from the OLC, his superiors, or the Inspector General.
A more obvious explanation for Mueller’s failure to seek an indictment is that he knew that no grand jury would indict on the evidence as described in the ten instances of possible obstruction he listed in the report.
Essentially Mueller left the ball in Barr’s court to decide whether to seek an indictment of Trump on obstruction changes, and Barr decided that the evidence did not support it.
However, the very idea of obstruction is moot, or should be, given the first three points above. And apparently Mueller never intended to seek an indictment on collusion, as he stated again last Wednesday.
Mueller strayed outside the role of a prosecutor and potentially subverted the cause of justice in stating that he could not exonerate the president of obstruction. There is no such thing as “exoneration” of an accused in U.S. criminal law. Mueller’s role as a prosecutor was to make a determination as to whether he should recommend an indictment against Trump. It was not his role to determine Trump’s guilt and certainly not his innocence, and innocence must always be the presumption.
The Mueller report could provide Congress with a “roadmap” for impeachment of Trump on charges of obstruction. If House Democrats decide to take that road, it would very likely be a prescription for their electoral suicide.

No matter how aggravating and uncouth you find Trump, and no matter how unwise his policies might prove to be, he was elected fair and square. Nevertheless, his opponents in Congress and on the campaign trail can’t easily give up the impeachment rhetoric without angering their leftist base. But not all congressional Democrats are voicing support for impeachment proceedings, and House Majority Leader Nancy Pelosi is doing her best to manage the division without making a commitment either way. The Senate will never go along with impeachment, of course. Now, a House vote to merely censure Donald Trump is mentioned as a possible “exit-ramp” to compromise that would let the hard-line impeachers down easy. Whatever they do, however, some Democrats might hope to drag out the process in an attempt to inflict maximal damage to Trump’s reelection prospects. And that, too, is probably ill-advised, because people are getting tired of all this.

A Land Under The Rule of Hillary

20 Thursday Oct 2016

Posted by pnuetz in Corruption

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Austin Bay, Benghazi, Claire McCaskill, Clinton Body Count, Clinton Enemies List, Clinton Foundation, Clinton Global Initiative, Clinton Presidential Library, Dinesh D'Souza, Donna Brazille, FBI Revolt, Friends of Bill, Haiti, Hillary Clinton, Influence Buying, Ira Magaziner, James Comey, Jennifer Palmieri, John Kerry, Jonathan Turley, Kimberley Strassel, Laureate International, Matt Lauer, Pay to Play, Private email Server, Qatar, Quid Pro Quo, Sam Stein, Snopes, Trey Gowdy, Uranium One, Walden University, Wikileaks, William Safire

I just had to laugh when I saw a progressive cite “the rule of law” as a compelling reason to vote for Hillary Clinton. First, while she might not be a policy clone of Barack Obama, you can bet that she’ll take a similarly dismissive view of Constitutional principles, subjugating our governing framework to her own brand of executive authority whenever and wherever possible. The rule of law hasn’t stopped the Clintons from proving their cronyist bona fides, using positions of power to reward friends, foundation contributors, and to accumulate personal wealth. The Clinton’s are inveterate liars, having misled the American public on numerous occasions, as well as Congress. In 1996, New York Times writer William Safire called Hillary Clinton a “congenital liar“. The Clinton’s are also vindictive: they have done their level best to destroy the reputations of various enemies over the years, and there is widespread suspicion that much dirtier deeds have been perpetrated in order to protect their interests.

Foundation of Graft

I quote here the opening paragraph of a July post on Sacred Cow Chips entitled “Clinton Foundation Domain of Darkness“:

“Hillary Clinton provides a fascinating case study in the art of graft, and the Clinton Foundation provides her with brilliant cover. The foundation masquerades as a legitimate charity, avoids taxes, and it provides a vehicle for what’s known as ‘pay-to-play’ influence-buying. It appears that Bill Clinton made a lucrative career of this while his wife was serving in public office. It was a sensitive issue when Hillary Clinton was Secretary of State, given the potential for compromising national objectives. It is still sensitive in view of the many gifts to the Clinton Foundation provided by foreign entities, not to mention the handsome speaking fees paid by foreign entities to the Clintons.“

Now we know, thanks to Wikileaks, that certain Clinton Foundation (CF) contributors and “Friends of Bill” (FOBs) were given priority access to Hillary Clinton and other senior State Department officials.

The next few paragraphs contain information described more fully at the first link above. The first point is the Clinton’s cozy relationship with Russian interests. CF accepted contributions from individuals hoping to arrange a large deal giving Uranium One, a Russian company, control of one-fifth of all uranium production capacity in the U.S., a deal that Hillary Clinton’s State Department had to approve. Sounds like pay-for-play to me!

Also noteworthy is the relationship between CF and Laureate International Universities and Walden University Online, which have been accused of scamming earnest students. CF received substantial donations from Laureate‘s chairman, and Bill Clinton received millions as honorary chancellor of Laureate. In turn, Laureate received millions in State Department grants.

The devastating earthquake that struck Haiti in 2010 provided another avenue through which the Clinton’s were able to enrich their cronies. The complicated web of relationships included CF ties to organizations that received State Department funding. Here is Dinesh D’Souza:

“… a number of companies that received contracts in Haiti happened to be entities that made large donations to the Clinton Foundation. The Haitian contracts appeared less tailored to the needs of Haiti than to the needs of the companies that were performing the services. In sum, Haitian deals appeared to be a quid pro quo for filling the coffers of the Clintons.“

Gifts from foreign governments to CF are clearly red flags of potential influence buying. Many of the donors were Middle Eastern governments eager to acquire weapons from the U.S. Hillary Clinton’s State Department, once again, was in a position to help them. Via Wikileaks, we know that Clinton’s campaign has been accepting contributions from lobbyists representing these governments. The Huffington Post‘s Senior Politics Editor, Sam Stein, says that Qatar’s $1 million birthday gift to Bill Clinton “confirms sort of the worst portraits of the Clintons and how they operated out of office.” What other favors could a Clinton presidency make possible?

As a charity, CF performs poorly, with less than 6% of its 2014 spending going to actual charitable causes, contrary to Hillary Clinton’s claims that 90% went to charity. The last link provides the following quote from The Federalist regarding historical totals from CF:

“The Clinton Foundation’s three largest charitable ‘program service accomplishments,’ according to its tax reports, are the Clinton Global Initiative ($23.2 million), the Clinton Presidential Library ($12.3 million), and the Clinton Climate Initiative ($8.3 million).”

The article also quotes Ira Magaziner, once among the top executives at CF:

“This is not charity. The whole thing is bankable. It’s a commercial proposition.”

The Vengeful Touch

The Clinton’s have a reputation for being vindictive and for being fairly ruthless in dealing with those who cross them. Here is a story on a Clinton request to discredit Congressman Trey Gowdy, who was looking into her deleted emails:

“Jennifer Palmieri, director of communications for the 2016 Hillary Clinton campaign, wrote an e-mail to staff where she says, ‘HRC asked me what offense we could do today to set up Gowdy for Face The Nation tomorrow.’“

This story about a detailed list of Hillary Clinton’s enemies is instructive. Apparently, Claire McCaskill and John Kerry were at the top of the list after the 2008 presidential campaign.

Hillary is also known to be extremely ill-tempered. Check out this account of Hillary Clinton’s post-townhall tirade against moderator Matt Lauer, according to a female NBC producer and a cameraman. Hillary was enraged because Lauer had asked a pointed question about her private email server and her handling of classified documents, a question that did not appear on the pre-approved list provided to her in advance of the townhall. She threw a profanity-laced tantrum upon leaving the stage, according to these accounts. She promised to have Lauer fired threw a glass of water into the face of an assistant, and finally delivered an arguably racist insult to DNC Chair Donna Brazile’s face.

There are many accounts of Hillary Clinton’s abusive behavior toward staff, both at the White House during her tenure as First Lady and later at the State Department. Here is the latest, from an FBI summary of an interview with one of its own security officials:

“CLINTON’s treatment of the DS [diplomatic security] agents assigned to protect her was so contemptuous that many of them sought reassignment or employment elsewhere. …by the end of CLINTON’s tenure, [her protective detail] was staffed largely with new agents because it was difficult to find senior agents willing to work for her.”

The FBI’s summary of the interview also describes Clinton’s routine violation of standard security protocols.

It’s long been rumored that the Clinton’s have dealt quite harshly with enemies who pose legal threats. The number of mysterious deaths of individuals who were apparently dangerous to the Clintons could be a series of strange coincidences. However, the laws of probability don’t provide strong support for that theory. Perhaps many of the deceased individuals were involved in other dangerous activities, but that would not reflect well on the Clintons, either. There are web sites that keep track of the Clinton “body count”. Left-leaning sites such as Snopes.com routinely label that scorekeeping as pure speculation and false, but often do so even before investigations are complete. Three recent deaths, discussed here, involved individuals believed to have information damaging to the DNC and/or the Clintons.

Security and the Email Imbroglio

Hillary Clinton’s careless and criminal email practices should convince any American that she is unfit for the job of President. Her efforts to obstruct the investigation into those practices are nothing short of spectacular, and are themselves worthy of prosecution. It’s even more appalling and corrupt that she has Obama’s Justice Department and FBI Director James Comey in the tank, so prosecution is unlikely to proceed without extraordinary developments. Fortunately, Wikileaks and FOIA requests have uncovered some of the deleted emails. It’s also clear that the FBI is in a state of internal revolt over the questionable handling of the email investigation and Comey’s ultimate refusal to recommend prosecution. The revolt could lead to additional revelations having major consequences for Clinton, Comey and others inside the government.

Austin Bay condenses Clinton’s email scandal into a “Three-Headed Crime” and highlights the bastardized way in which Comey managed to compromise his agency:

The Server Head: the “rogue email server … that she controlled. … designed to evade laws regulating the retention of government documents and thus evade scrutiny and accountability.“
The Loose Lips Head: “Hillary used her off-the-books and non-secure server system to transmit and analyze classified national security information ….“
The Nixon Head: “Hillary and her aides tried to hide evidence the rogue server existed and evidence they routinely mishandled of classified information.“

The email scandal came to light as a result of the Administration’s response to the terrorist attack on an American diplomatic compound in Benghazi, Libya. Here is Bay:

“The House of Representatives began investigating the Benghazi attack and questioning the Obama Administration’s Great Benghazi Lie. Testimony wasn’t the only issue. The House had subpoena power. Providing inquisitive representatives and senators with Hillary’s Benghazi-related communications would expose the rogue email operation. Better start destroying evidence.“

Bay notes that even Jonathan Turley, who had originally defended Comey’s decision not to refer the email case for prosecution, changed his mind as more details came to light. Apparently, the revelation that the Justice Department gave “immunity to the parties on both ends of those communications” struck Turley as a tactic wholly unsuitable for a serious investigation. He doesn’t quite say that Comey or the DOJ were acting on Hillary’s behalf, but the case certainly gives that appearance.

The Press In Her Pocket

My attempt to get a fix on the suspicious history and current state of the Clinton’s and their gang of operatives relies, to some extent, on nontraditional news sources. The mainstream media is willing to ignore Hillary Clinton’s many transgressions, with almost no mention of the latest Wikileaks dumps, FBI document releases, and other documented Clinton indiscretions. Kimberley Strassel is correct in saying that this is in no small part Donald Trump’s fault, as he manages to create a circus of distractions on an almost daily basis. Here is her conclusion:

“Mrs. Clinton has been exposed to have no core, to be someone who constantly changes her position to maximize political gain. Leaked speeches prove that she has two positions (public and private) on banks; two positions on the wealthy; two positions on borders; two positions on energy. Her team had endless discussions about what positions she should adopt to appease ‘the Red Army’—i.e. ‘the base of the Democratic Party.’

Voters might not know any of this, because while both presidential candidates have plenty to answer for, the press has focused solely on taking out Mr. Trump. And the press is doing a diligent job of it.“

It’s ironic that the press takes so little interest in the Clinton misadventures. Or rather, the truth is that many in the press intentionally omit reporting of these issues. That helps to maintain a solid base of low-information voters in Hillary’s thrall, under the misapprehension that she has any respect for the rule of law.

Clinton Foundation Domain of Darkness

23 Saturday Jul 2016

Posted by pnuetz in Privilege, rent seeking

≈ 2 Comments

Tags

Benghazi, Charitable Best Practices, Classified Information, Clinton Cash, Clinton Foundation, Douglas Becker, Dr. Ben Carson, Foreign Contributions, Graft, Haitian Aid, Hillary and Lucifer, Hillary Clinton, Influence Buying, James Comey, Jonathan Turley, Laureate International Universities, Marsha Blackburn, Prince of Darkness, Russian Uranium Deal, Trump University, Tyler Cowan, Uranium One, Walden University Online

Hillary and Bill Clinton provide a fascinating case study in the art of graft, and the Clinton Foundation provides them with brilliant cover. The foundation masquerades as a legitimate charity, avoids taxes, and provides a vehicle for what’s known as “pay-to-play” influence-buying. It appears that Bill Clinton made a lucrative career of this while his wife was serving in public office. It was a sensitive issue when Hillary was Secretary of State, given the potential for compromising national objectives. It is still sensitive in view of the many gifts to the Clinton Foundation provided by foreign entities, not to mention the handsome speaking fees paid by foreign entities directly to the Clintons.

Here, I discuss some of the suspicious activities of the Clinton Foundation. This post is the last in a three-part series on Hillary’s most recent scandals. The first in the series covered Hillary’s Benghazi disaster; the second post dealt with her negligent email practices and handling of classified information, as well as her prevarication in responding to investigative efforts.

Last year, the New York Times published a report on the Clinton Foundation’s (CF) connections to a series of deals that ultimately gave a Russian company control of a large share of worldwide uranium supplies:

“At the heart of the tale are several men, leaders of the Canadian mining industry, who have been major donors to the charitable endeavors of former President Bill Clinton and his family. Members of that group built, financed and eventually sold off to the Russians a company that would become known as Uranium One. … the sale gave the Russians control of one-fifth of all uranium production capacity in the United States. … Among the agencies that eventually signed off was the State Department, then headed by Mr. Clinton’s wife, Hillary Rodham Clinton.

As the Russians gradually assumed control of Uranium One in three separate transactions from 2009 to 2013, Canadian records show, a flow of cash made its way to the Clinton Foundation. Uranium One’s chairman used his family foundation to make four donations totaling $2.35 million. Those contributions were not publicly disclosed by the Clintons, despite an agreement Mrs. Clinton had struck with the Obama White House to publicly identify all donors. Other people with ties to the company made donations as well.“

The amounts involved are far greater than the figures in the quote suggest. One individual with intimate connections to the deals gave in excess of $31 million to the CF. The Times report gives details on the shifty ways in which some donor money found its way into CF coffers, often not attributed to the donors themselves in official records. These practices look an awful lot like a sophisticated way of laundering money for influence buying:

“A person with knowledge of the Clinton Foundation’s fund-raising operation, who requested anonymity to speak candidly about it, said that for many people, the hope is that money will in fact buy influence: ‘Why do you think they are doing it — because they love them?’“

There are many other suspicious links between the CF and rent-seeking individuals and institutions. Jonathan Turley has detailed the unsavory nature of the Clinton’s connection to Laureate International Universities, an online college that encompasses Walden University Online, known in some circles as an operator of scams far-exceeding the allegations against Trump University. The chairman of Laureate, Douglas Becker, has been a major donor to the Clintons and their foundation. As it happens, Laureate received $55 million in funds from State Department Grants. Bill Clinton was paid $16 million to serve as Laureate’s “Honorary Chancellor”. Here is one interesting comment from Turley:

“Laureate has come up in the Clinton email scandal. In her first year as Secretary of State, Clinton is quoted as directly asking that Laureate be included in a high-profile policy dinner — just months before the lucrative contract was given to Bill Clinton. Hillary Clinton later references ‘Laureate Universities, started by Doug Becker who Bill likes a lot.’“

There might not be anything to top the cronyism inherent in the activities of the CF in pretending to rebuild Haiti after a massive earthquake struck the island in 2010. The article at the last link offers descriptions of a number of projects, ostensibly funded for the benefit of Haiti, that involve double-dealing by the Clintons and CF:

“The Haitian protesters noticed an interesting pattern involving the Clintons and the designation of how aid funds were used. They observed that a number of companies that received contracts in Haiti happened to be entities that made large donations to the Clinton Foundation. The Haitian contracts appeared less tailored to the needs of Haiti than to the needs of the companies that were performing the services. In sum, Haitian deals appeared to be a quid pro quo for filling the coffers of the Clintons.“

Foreign governments gave to the CF while Hillary Clinton was serving as Secretary of State and have continued to do so even after her presidential candidacy was made clear. This was reported more recently, and includes gifts from “friends” of foreign governments and other foreign interests including Mexico, Turkey, Japan, Saudi Arabia, the UAE, and of course Russia. Many contributions are “bundled” by third-party entities, an apparent but ineffective effort to obscure the true sources of gifts:

“A number of Hillary Clinton’s top lobbyist bundlers, who have raised millions for her presidential campaign, either directly represent foreign entities or work at firms that represent foreign entities, according to documents from the Justice Department’s Foreign Agents Registration Unit.“

Here is a New York Times review of “Clinton Cash: The Untold Story of How and Why Foreign Governments and Businesses Helped Make Bill and Hillary Rich”, by Peter Schweitzer. Rep. Marsha Blackburn (R – TN) is urging the FBI, the IRS and the FTC to investigate the activities of the Clinton Foundation.

The CF is guilty of ignoring widely accepted charitable best practices, according to this report. Its small board of directors is insular and lacking a sufficient degree of independence. Its record-keeping is suspicious, such as a $12.6 million expense for Bill Clinton’s 60th birthday expensed as “fund raising costs”. Inappropriate gifts to the Clintons from directors have raised eyebrows, and apparent “payoffs” for retiring directors, in the form of appointments to powerful positions, have made the CF into a veritable revolving door for Clinton insiders.

I include this last bit because it amuses me: according to Dr. Ben Carson, Hillary Clinton is Lucifer in the flesh. The explanation is that Hillary liked Saul Alinsky in college (and maybe still does), and Alinsky acknowledged Lucifer as the “first radical”. That probably leaves a few degrees of separation between the two. Economist Tyler Cowan does not agree with Carson, but he toys with the notion in a short analysis on Marginal Revolution. Here are a few of his bullets on the topic:

“This topic seems to have entered the news cycle. I am not sure how, so I thought I would add a few observations in the interests of clarity:

1. Under the most plausible ‘yes’ scenario, Lucifer inhabits the corpus of us all, not just the Clinton family, grandchildren included.

2. The correct answer is still ‘probably not.’

3. Is there a greater chance that Hillary Clinton is in fact Lucifer himself, rather than merely being possessed by him? (Would that not also be a new kind of transgender relation?) No, more likely she would have a Satanic familiar. In most equilibria, the number of familiars is greater than the number of Satans. Far greater.“

A better argument for Hillary’s connection to the Prince of Darkness would rely on the self-serving nature of the “charitable” Clinton Foundation while disguised as a charity. It is both a repository for future policy influence and a pool for enrichment of the Clintons themselves and their cronies. The CF represents a grotesque distortion of the charitable motive. Let’s hope James Comey, Director of the FBI, can direct a competent investigation into the CF’s activities. More importantly, let’s hope that come November, the better judgement of American voters will deny Hillary the presidency.

Postscript: The FBI’s original investigation of Hillary’s emails, presided over by former Director James Comey, was an apparent effort to exonerate her. An investigation of the CF is underway, and the investigation of Hillary’s email shenanigans has been renewed.

Hillary’s (C)mail Fail

13 Wednesday Jul 2016

Posted by pnuetz in National Security, Privilege

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Tags

Classified Markings, Clinton email Scandal, Department of Justice, Federal Crimes, Heritage Foundation, Hillary Clinton emails, Hillary's Gross Negligence, Ignorance of the Law, Jacob Sullum, James Comey, Judicial Watch, Loretta Lynch Recusal, Mens Rea, Obstruction of Justice, Paul Rosenzweig, Privilege, Reason.com, Regulatory Law, State Department, Wikileaks

Hillary Clinton’s classified email scandal might look like a minor distraction once facts about the suspicious dealings of the Clinton Foundation are unraveled. I’ll cover the foundation later this week. In this post, I’ll review some considerations relevant to the email case. This is the second in a three-part series of posts on Hillary’s more recent foibles, following the first installment on her role in the Benghazi disaster.

Hillary Clinton’s “grossly negligent” misuse of classified email during her tenure as Secretary of State was harshly criticized by FBI Director James Comey last week. Nevertheless, the Bureau declined to recommend an indictment to the Department of Justice (DOJ) based on their inability to prove mens rea, or any awareness of guilt or an intent to do harm. It is doubtful that Clinton had any intent to harm the country. At a minimum, however, Comey’s statements implied that she did not take security seriously.

The basis of any claim that Clinton lacked awareness of her security responsibilities is shaky, to say the least. Clinton’s private email stunt was a willful effort to avoid legitimate scrutiny, such as FOIA requests. The IT expert who set up her private servers and other devices pled the Fifth Amendment to avoid self-incrimination! There have been reports that Clinton asked aides to remove classified markings (also see here). All we have from the State Department on that allegation is a denial. Clinton repeatedly lied to the public and to Congress (under oath) about classified material and the number of devices she used. She also lied to a federal judge (under oath) about having turned over all work-related emails to the State Department. Many of those emails were deleted, leaving suspicious gaps in the pattern of traffic. Indeed, Clinton’s actions in the case give every appearance of an effort to obstruct justice.

Some of the missing emails will come to light. Wikileaks has released a trove of Clinton’s emails showing additional classified material. There are also pending civil cases related to the emails in which the plaintiffs wish to subpoena Mrs. Clinton. Needless to say, her lawyers are making every effort to stop the subpoenas.

Jacob Sullum at Reason discusses Comey’s decision in the context of mens rea. He notes that Clinton’s offenses were certainly prosecutable under the letter of the law. Despite denials from Clinton apologists, the case of a Navy operations specialist in 1992 is instructive. The defendant in that case claimed that willingness to mishandle classified information was not sufficient for a conviction, but the military court disagreed under the same provision of the law referenced by Comey:

“… the court turned to the subsection at issue in Mrs. Clinton’s case: ‘Section 793(f) has an even lower threshold, punishing loss of classified materials through ‘gross negligence’ and punishing failing to promptly report a loss of classified materials.’”

Nevertheless, Sullum thinks Comey’s defense of mens rea protections for individuals accused of certain violations of law is admirable, and I agree (except Comey’s second clause in the quote below, regarding “in that statute in particular“, is not strictly true). The explosion of federal law, especially regulatory law, makes this more crucial than ever from a libertarian perspective. Here is Comey:

“‘The protection we have as Americans is that the government in general, and in that statute in particular, has to prove before [it] can prosecute any of us that we did this thing that’s forbidden by the law, and when we did it, we knew we were doing something that was unlawful. We don’t have to know the code number, but [the government must show] that we knew we were doing something that was unlawful.’“

For background on the issue of a defendant’s willingness to violate the law, Paul Rosenzweig of the Heritage Foundation has a great article called “Ignorance of the Law Is No Excuse But It Is In Reality“. By that title, Rosenzweig means that there are so many federal crimes today that ignorance of the law very often should be a valid excuse. However, the contention that Hillary Clinton was ignorant of the law regarding her duties in handling classified information is dubious at best.

Unfortunately, Clinton’s interview with the FBI just days before Comey’s announcement was not conducted by Comey, was not made under oath, and was not recorded. That leaves significant doubt about the seriousness of the FBI’s effort to learn the truth about the record, or any contradictions in the record, that might shed light on Clinton’s awareness or intent to violate the law. And Attorney General Loretta Lynch, after a “personal” meeting with Bill Clinton, recused herself and her office from prosecutorial duties prior to Comey’s announcement, stating that she would accept the FBI’s recommendation without examining the case. That step casts doubt on her seriousness as an independent prosecutor. Hillary skates, for now.

In Praise of Refugee Aid and Precautions

23 Monday Nov 2015

Posted by pnuetz in Immigration, Terrorism

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Davis Bier, Director of National Intelligence, Foundation for Economic Education, Glenn Reynolds, Homeland Security, Ian Tuttle, ISIS, James Comey, National Counterterrorism Center, National Security, National Sovereignty, Open Borders, Paris Attacks, Pew Research, Private Refugee Sponsorship, Refugee Vetting Process, Syrian refugees, Terrorism, Virtue Signalling

Libertarians differ from conservatives on the Syrian refugee issue and on immigration policy in general. I’m in favor of liberalized immigration because it confers powerful economic advantages. That does not imply, however, a willingness to sacrifice border security and control over the flow of immigrants. Border security is critical to the notion of U.S. sovereignty, and though I am loath to do so, I will credit Donald Trump for asking two pertinent questions: “Do we have a country? Or do we not have a country?” This is all the more important in an age when terror on the scale of a 9/11, Paris, or terrorist use of WMDs is a threat.

One of the few legitimate functions of government is national security, and the U.S. Constitution sought to assure that security would be provided without compromising the liberties of individual citizens. I’d like outsiders to feel welcome to join us and partake of those liberties, but only subject to precautions related to security. Given current threats, it is reasonable to insist on deliberation and caution in admitting new immigrants and refugees. That should include a careful vetting process and possibly post-entry safeguards such as mandatory touch-points with immigration and security officials.

Recent commentary on both sides of the Syrian refugee debate has featured conservatives waxing enthusiastic over police-state security measures and cavalier dismissal of security concerns by the Left, including a moment of apparent delusion from The Daily Kos when it weighed-in on refugees and certain principles of religious ethics, probably not that outlet’s strong suit. The Left’s usual approach to commentary on social media amounts to an exercise in “virtue signaling” (HT: Glenn Reynolds) without much critical thought, and this is no exception.

Refugees or asylum-seekers may need expedited initial handling for their own safety and protection. The tumultuous experience of fleeing a hostile regime without adequate planning, and possibly involving the loss of loved ones and possessions, suggests a need for greater assistance for refugees than for typical immigrants. The expense of a large influx of refugees is likely to be high. A solution used successfully by Canada involves private sponsorship of refugees, and there are apparently a large number of Americans willing to serve as sponsors. It is possible to vet the sponsors, of course, and might provide more reliable follow-up with the refugees themselves.

Certain classes of immigrants may be considered high-risk, though refugees have not been high-risk historically. This is one of several points made by Davis Bier at the Foundation for Economic Education in “Six Reasons To Welcome Refugees“. Bier provides a good perspective, but I don’t accept all of his assertions. He says (italicized):

The Paris attackers were not refugees: No, but at least one of them seems to have taken advantage of the European refugee process.
U.S. refugees don’t become terrorists: You can certainly vouch for this in the past tense, but it’s less certain going forward. The complete lack of documentation of many Syrian refugees complicates the vetting process.
Other migration channels are easier to exploit: Probably true, if the claimed thoroughness of the refugee vetting process is to be believed. Also, the resettlement from temporary camps can take two years or more, but that kind of delay is not required.
ISIS sees Syrian refugees as traitors: This reinforces the need to protect refugees, but it strikes me as irrelevant to the question of terrorist infiltration. A better question is whether ISIS is capable of passing-off one of their own as a refugee.
Turning away allies will make us less safe: It certainly won’t win us friends.
We should demonstrate moral courage: Helping legitimate refugees is certainly an honorable thing to do. The author points to American resistance to accepting Jewish refugees prior to World War II for fear they might be German spies. This is addressed in more detail below.

A different perspective is given in “There Are Serious, Unbigoted Reasons to Be Wary of a Flood of Syrian Refugees“, by Ian Tuttle in National Review. He asserts that the comparison of current Syrian refugees to Jewish refugees prior to WWII is inappropriate, and I largely agree. The infiltration of German spies into the Jewish refugee population was a perceived threat, but no one thought the Jews represented a risk of terror on our shores. There is nothing incompatible about feeling regret for the attitude many took toward the Jewish refugees of that era while exercising caution in the face of new risks.

Tuttle cites a recent Pew Research poll of Muslims in various countries finding that 4% to 14% of respondents approve of ISIS. Can you imagine a similar level of support for terrorism in the U.S.? This is an unfortunate social malignancy that should give us pause. Another Pew Research poll of Muslims in various countries found that the minority who believe that suicide bombing was justified ranges from 3% to 45%. It is therefore difficult to argue with Tuttle when he says:

“A non-trivial minority of refugees who support a murderous, metastatic caliphate is a reason for serious concern.“

Tuttle notes that Syrian refugees will not arrive on our shores directly from Syria. Thus, the urgency of accepting those refugees comes into question. It is curious that such wealthy middle eastern countries as Kuwait and Saudi Arabia have not accepted refugees from Syria.

Given the immediacy of terrorist threats, the lack of even basic documents for many Syrian refugees, and the Obama Administration’s record of failure in the Middle East, it is reasonable to question their assurances as to the adequacy of the refugee vetting process. Indeed, as this article warns:

“The director of the National Counterterrorism Center admitted that terrorist groups are very interested in using refugee programs to slip operatives into Europe and the United States. …

The director of Homeland Security had no answer when asked if the “vetting” process amounted to anything more than asking refugees to fill out an application, asking them a few questions in a verbal interview, and assuming they answer honestly….

FBI Director James Comey famously admitted last month that the U.S. government has no real way to conduct background checks on refugees.”

A substantial majority of American voters oppose the administration’s plan to accept Syrian refugees, at least under the current process. Last week, the U.S. House of Representatives passed a bill requiring that:

“… the heads of the FBI, Homeland Security Department and the Office of the Director of National Intelligence certify that each refugee being admitted would not pose a threat.“

It would be nice to have our security agencies accept some accountability for, well, national security. The House bill would put the ball in their court with respect to high-risk refugees.

I concur with the general position of Libertarians who support a more open U.S. immigration policy and acceptance of refugees. I also believe that private sponsorship of refugees should be legalized in the U.S. to reduce their fiscal impact. And I believe we should welcome Syrian refugees provided that they can be thoroughly vetted. In the parlance of economics, transacting with refugees may involve severely asymmetric information. It is not advisable to make risky “trades” when due diligence is impossible. Short-cuts in the vetting process do not help to assure a mutually beneficial outcome. We must therefore temper our humanitarian impulse. Under the present circumstances, including an acceptance of terrorism by a “nontrivial minority” of Muslins, it is reasonable to proceed with caution, and only with caution.