RUTHFULLY YOURS

https://amgreatness.com/2018/12/12/comey-continues

Fired former FBI director James Comey is at it again.

Last week, Comey testified before members of the House Judiciary Committee and the House Oversight and Government Reform Committee. In a single appearance, Comey, on 245 separate occasions, while under oath, stonewalled questions with “I don’t know,” “I don’t remember” or “I don’t recall,” according to a congressional interrogator, Rep. Jim Jordan. (R-Ohio).

If any private citizen tried Comey’s gambit with federal IRS auditors or FBI investigators, he would likely be indicted for perjury or obstruction.

Why did Comey, the nation’s former top-ranking federal investigator, avoid telling “the whole truth and nothing but the truth” while under oath?

The answer is, unfortunately, obvious. Comey has been called to testify before members of Congress on numerous occasions. He has written a long book and gone on an extensive book tour, and his paper trail is long.

He tweets almost daily and is often on television—and in those venues never seems to admit to any memory lapse. And Comey has been at the center of every major scandal involving the 2016 election.

In other words, Comey is realizing that almost anything he might say will likely be at odds with something he has said, done or written prior—and could potentially subject him to perjury charges.

So, Comey dodges and hedges.

Oddly, Comey has long posed as a modern-day Jeremiah. He thunders almost daily about the moral lapses of his perceived antagonists—mostly Donald Trump, the Trump administration and the Republican Party that Comey left.

Comey has tweeted under the pseudonym “Reinhold Niebuhr”—the celebrated 20th-century German-American theologian and ethicist. Comey apparently wishes to remind us of their similar moral insight.

Comey’s memoir is grandly entitled “A Higher Loyalty: Truth, Lies, and Leadership.” He writes to remind readers of his sterling character, which has always guided his career. Most recently, the self-righteous Comey said that the interim attorney general, Matthew Whitaker, is not very bright.

What is odd about the professed ethics of the sanctimonious Comey is that his assertions are belied by his own often-unethical conduct.

https://www.nationalreview.com/2018/12/michael-cohen-sentencing-campaign-finance-law/

The prosecutor is twisting campaign-finance law.

Donald Trump’s wayward counsel, Michael Cohen, was sentenced today as part of a plea bargain with the government. As part of that settlement, Cohen has admitted to criminal violations of federal campaign-finance law and has implicated President Trump in those violations. The press is ablaze with headlines trumpeting the president’s possible involvement in two felony campaign-finance violations. The source of these violations are Mr. Cohen’s arranging — allegedly at Trump’s direction — hush-money payments to women alleging long-ago affairs with the 2016 presidential candidate.

The Federal Election Campaign Act holds that an “expenditure” is any “purchase, payment, loan, advance, deposit or gift of money, or anything of value, for the purpose of influencing any election for Federal office.” According to Cohen and the U.S. Attorney, the hush-money payments were, it appears, made in the hopes of preventing information from becoming public before the election, and hence were “for the purpose of influencing” the election. This means that, at a minimum, they had to be reported to the Federal Election Commission; further, if they were authorized by Mr. Trump, they would become, in the law’s parlance, “coordinated expenditures,” subject to limits on the amounts that could be spent. Since the lawful contribution limit is much lower than the payments made, and the payments were not reported, this looks like an open and shut case, right?

Well, no. Or at least not in the way some might presume. To the contrary, the law — following our common sense — tells us that the hush-money payments outlined by the U.S. Attorney are clearly not campaign expenditures. There is no violation of the Federal Election Campaign Act.

To reach the opposite conclusion, the U.S. Attorney is placing all his chips on the language “for the purpose of influencing an election.” Intuitively, however, we all know that such language cannot be read literally — if it were, virtually every political candidate of the past 45 years has been in near-constant violation. The candidate who thinks “I need to brush my teeth, shower, and put on a nice suit today in order to campaign effectively” is surely not required to report as campaign expenditures his purchases of toothpaste, soap, and clothing. When he eats his Wheaties — breakfast of champions, and surely one cannot campaign on an empty stomach — his cereal and milk are not campaign expenses. When he drives to his office to start making phone calls to supporters, his gas is not a campaign expense.

https://www.wsj.com/articles/the-flynn-entrapment-11544658915

Of Special Counsel Robert Mueller’s many targets, the most tragic may be former National Security Adviser Michael Flynn. The former three-star general pleaded guilty last year to a single count of lying to the FBI about conversations he had with Russia’s ambassador to the U.S. Now we learn from Mr. Flynn’s court filing to the sentencing judge that senior bureau officials acted in a way to set him up for the fall.

Not a rich man after decades in uniform, Mr. Flynn pleaded guilty to avoid bankruptcy and spare his son from becoming a legal target. Mr. Flynn’s filing doesn’t take issue with the description of his offense. But the “additional facts” the Flynn defense team flags for the court raise doubts about FBI conduct.

The Flynn filing describes government documents concerning the Jan. 24, 2017 meeting with two FBI agents when Mr. Flynn supposedly lied. It turns out the meeting was set up by then Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn that day on other business—to discuss an FBI training session. By Mr. McCabe’s account, on that call he told Mr. Flynn he “felt that we needed to have two of our agents sit down” with him to talk about his Russia communications.

Mr. McCabe then urged Mr. Flynn to meet without a lawyer present. “I explained that I thought the quickest way to get this done was to have a conversation between [Mr. Flynn] and the agents only. I further stated that if LTG Flynn wished to include anyone else in the meeting, like the White House Counsel for instance, that I would need to involve the Department of Justice. [Mr. Flynn] stated that this would not be necessary and agreed to meet with the agents without any additional participants,” wrote Mr. McCabe in a memo viewed by the Flynn defense team.