RUTHFULLY YOURS

It’s not improper political interference for the chief executive to direct that evidence of executive-branch misconduct be probed.

On Sunday, President Trump tweeted a “demand” that the Justice Department investigate political spying in the 2016 campaign. This replays the political-spying controversy that surfaced in late February. Right now, the issue involves the Obama administration’s use of at least one confidential informant — a spy — to snoop into the opposition party’s presidential campaign; back in February, the issue was the Obama administration’s electronic surveillance — by FISA eavesdropping warrants — for the same purpose.

Just as he did last time, Attorney General Jeff Sessions responded to the president’s agitation by referring the political-spying issue to Inspector General Michael Horowitz. This was the right thing — or, at least, a right thing — to do. Our editorial regarding the previous case explained the guiding principles:

When there are allegations of wrongdoing by Justice Department or FBI officials, federal law and Justice Department protocols require an internal investigation by the units that exist for that purpose — the Office of the Inspector General or the Office of Professional Responsibility.

Sessions was correct to comply with these standards. Arguably, a referral to OPR, rather than the IG, may be warranted. Under federal law, OPR has jurisdiction over allegations of misconduct involving “the exercise of authority to investigate, litigate, or provide legal advice.” There is no doubt, though, that evidence of official malfeasance must be referred to one of these offices. Given that OPR reports directly to the attorney general, while the IG reports to both the attorney general and Congress, Sessions may well have calculated that the IG referral would have more credibility.

These same principles apply now, in the wake of last week’s disclosure that the FBI, under circumstances that remain obscure, used a longtime CIA informant to establish ties with and pry information from three Trump campaign officials, beginning in July 2016.

To elaborate, the president’s Sunday tweet demanded that the Justice Department “look into whether or not the FBI/DOJ infiltrated or surveilled the Trump Campaign for Political Purposes,” including whether such monitoring was pushed by “people within the Obama administration!” Trump vowed to follow up this tweet with a more formal directive today.

It sounds harmless to suggest that the Mueller investigation be allowed more time to finish its work. But is it?

Let’s review some history.

Recall that the investigation was begun to learn whether the Trump campaign had gotten help unlawfully from Russia. Justice Department regulations permit appointment of a special counsel only if (i) there is reason to think that a federal crime has been committed, and (ii) investigating it would present a conflict of interest for the Justice Department or there is another overriding public reason to take the investigation outside DOJ.

Because Attorney General Jeff Sessions had worked on the Trump campaign, he recused himself from the matter, and so the deputy — Rod Rosenstein — took the decision to appoint a special counsel. The regulations require that such an appointment recite the facts justifying the conclusion that a federal crime was committed, and specify the crime. However, the initial appointment of Robert Mueller did neither, referring instead to a national security investigation that a special counsel has no authority to pursue.

Although Rosenstein apparently tried to correct his mistake in a new appointment memo, he has thus far refused to publicly disclose a complete copy of it. In other investigations supposedly implicating a president — Watergate and Whitewater come to mind — we were told what the crime was and what facts justified the investigation. Not here.

If the Justice Department and FBI are, as we’ve been told incessantly over the past year, not merely patriots but consummate professionals incapable of being distracted by partisanship or petty Washington intrigues, why are Donald Trump’s antagonists freaking out over the fact that an inspector general will assess whether political motivation tainted an investigation into the president’s campaign? The American people should get a full accounting of what transpired during 2016. Isn’t that what we’ve been hearing since the election?

You believe Trump is corrupt. I get it. But surely anyone who alleges to be concerned about the sanctity of our institutions and rule of law would have some cursory curiosity about whether an investigation by the administration of one major party into the presidential campaign of another major party was grounded in direct evidence rather than fabulist rumor-mongering. Otherwise, any administration, including Trump’s, could initiate an investigation for whatever cooked-up superficial reason it wanted.

Then, when a constitutionally empowered oversight committee demanded information about that investigation, the DOJ could accuse it of “extortion” and stonewall for years.

When the Brits say “ that’s capital!” they’re not referring to a city, font or money. They mean that’s fantastic!”

I spent last weekend in America’s “capital”capital with a lovely and lively friend. She and I visited two museums:

The National Museum of the Marine Corps, located in Quantico, Virginia is the best military museum in the nation. From the Barbary Wars and Revolutionary wars, through the first and second World Wars, the Korean War, the Vietnam War, the fire bursts of the Cold War to the recent Afghan, Iraq wars, battle scenes and dioramas with lifelike statues and excellent photographs and narratives, the heroic battles of the American “leathernecks” are displayed. We witnessed an unscheduled and remarkable rifle drill with synchrony, dexterity and discipline. After the drill, the marines relaxed and chatted with the visitors which included many venerable marine veterans. We were there for a full day and vowed to see it again.

The Museum of the Bible, which museum opened on November 17, 2017 documents the narrative, history and impact of the Old and New Testaments. It is a magnificent enterprise. The displays of artifacts and texts, and the narratives of the Bible’s impact on the founding fathers, scientists and philosophers are magnificent. A Galilean village is entirely reconstructed as it was in the time of Jesus. The dioramas and narratives of Jerusalem show the centrality of Jerusalem to the Jewish people. It is still a work in progress and one we definitely plan to revisit.

P.S. It rained non stop but the hotel provided daily copies of the Washington Post which were handy to wipe rain soaked shoes….rsk