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NATIONAL NEWS & OPINION

50 STATES AND DC, CONGRESS AND THE PRESIDENT

The Unbelievable James Comey The former FBI director professes to know little about how the government came to spy on the political opposition. By James Freeman

https://www.wsj.com/articles/the-unbelievable-james-comey-1544478713?cx_testId=16&cx_testVariant=cx&cx_artPos=0&cx_tag=collabctx&cx_navSource=newsReel#cxrecs_s

Can the story former FBI Director James Comey told Congress on Friday possibly be true? In a joint executive session of the House Judiciary and Oversight committees, Mr. Comey presented himself as unaware and incurious regarding one of the most consequential investigations the FBI has ever conducted. After describing how little he knew about the federal government’s use of its surveillance powers against associates of the presidential campaign of the party out of power in 2016, Mr. Comey then assured lawmakers that the launching of the investigation was proper and free of political bias.

On Saturday a transcript of the Comey testimony was released by the congressional committees. President Donald Trumptweeted without subtlety on Sunday:

On 245 occasions, former FBI Director James Comey told House investigators he didn’t know, didn’t recall, or couldn’t remember things when asked. Opened investigations on 4 Americans (not 2) – didn’t know who signed off and didn’t know Christopher Steele. All lies!

This is perhaps an overstatement. But some skepticism is clearly in order on the part of the President and every other American who wants free and fair elections. Lawmakers were interested in finding out who exactly initiated the investigation and when. Here’s a portion of the transcript in which the Obama administration FBI boss was questioned by Rep. Trey Gowdy (R., S.C.):

Mr. Gowdy. Do you recall who drafted the FBI’s initiation document for that late July 2016 Russia investigation?

Mr. Comey. I do not.

Mr. Gowdy. Would you disagree that it was Peter Strzok?

Mr. Comey. I don’t know one way or the other.

Mr. Gowdy. Do you know who approved that draft of an initial plan for the Russia investigation in late July 2016?

Mr. Comey. I don’t.

This was not just any investigation. On the other hand the FBI is a big place and perhaps the director would not recall which of the staff had worked on a particular document. Under further questioning from Mr. Gowdy, Mr. Comey added that he didn’t remember ever even seeing the document. Again, one might hope that consequential cases going to the heart of our democratic process would be closely supervised by the most senior officials, but any case generates some volume of documents and an FBI director may be able to learn enough from staff briefings to make sensible decisions. The next part of the transcript is harder to swallow: CONTINUE AT SITE

Betraying the Most Vulnerable Civil libertarians and mental health advocates impose degradation on the seriously mentally ill. DJ Jaffe

https://www.city-journal.org/mentally-ill-ada

As the death of George H. W. Bush brought admiring attention to the Americans with Disability Act, which he had signed into law, the New York Times detailed how mental health advocates have weaponized the ADA to force hospitals and adult homes to discharge mentally ill patients still in need of significant care. The result of these discharges has been increased degradation, death, homelessness, and incarceration among the mentally ill whom the advocates purport to represent.

The Times told the story of Abraham Clemente, a schizophrenia sufferer formerly housed in an adult home—a residence where mentally ill can get intensive care, in environments less restrictive than psychiatric hospitals—who was discharged in 2017 as a result of an ADA consent decree that New York State signed under pressure from civil-liberties advocates. The agreement, as the Times described it, “is meant to be a national model for the rights of the mentally ill to live independently.” Frontline’s cameras were rolling this year, when police found the 69-year-old Clemente living in his apartment with “maggot-infested scrambled eggs . . . strewn across the floor”; a cantaloupe “so spoiled, it seemed to be melting,” and feces “ground into the carpet.”

After being hospitalized, Clemente was readmitted to an adult home, and says he doesn’t want to leave. The Times detailed another mentally ill victim, a 34-year-old former adult-home resident also moved to independent living after the ADA consent decree. She “stopped taking her antipsychotic drug and began trying to solicit sex from passing drivers and swap alcohol for drugs with neighborhood children. . . . Eventually, facing eviction, she became homeless.”

Civil liberties and mental health advocates believe that institutional living is axiomatically bad, and independent living is definitively good, regardless of the severity of the mental illness and the limitations it imposes on the person suffering from it. In its 1999 Olmstead v. L. C. decision, the Supreme Court ruled that the ADA requires states to place people with mental disabilities in the “least restrictive settings . . . appropriate to the individual . . . taking into account the resources available.” (Emphasis in original.)

6 Key Takeaways From The Comey Deposition Transcript Former FBI Director James Comey worked to establish his ignorance of the Russia investigation, which is significant on a couple of fronts. By Margot Cleveland

http://thefederalist.com/2018/12/10/6-key-takeaways-from-the-comey-deposition-transcript/

Two House committees quizzed former FBI director James Comey on Friday concerning his knowledge of the investigation into Hillary Clinton’s use of a homebrew server when she was secretary of state, and the FBI’s investigation of the Trump campaign.

The judiciary and oversight committees released a transcript of the hours-long deposition on Saturday. Here are six important takeaways.
1. We didn’t learn much — but that was significant.

Comey repeatedly responded to questions about the Trump campaign investigation by pleading ignorance, establishing he did not know of many of the facts underlying both the launch of Crossfire Hurricane and the continuing investigation. That’s concerning.

For instance, in response to Republican Rep. Trey Gowdy’s characterization of Crossfire Hurricane as a counterintelligence investigation into the Trump campaign, Comey claimed that the FBI was not investigating Trump or the Trump campaign, but had instead “opened investigations on four Americans to see if there was any connection between those four Americans and the Russian interference effort. And those four Americans did not include the candidate.” Yet Comey had never seen the “FBI’s initiation document,” which Gowdy indicated referenced the “Trump campaign.”

Further questioning revealed that Comey had no knowledge concerning the agent responsible for drafting the FBI’s late-July 2016 initiation document for Crossfire Hurricane, did not know who approved the draft of the “initial plan for the Russian investigation,” and never read or saw the initiation document. In fact, Comey said he didn’t even know how the FBI launches counterintelligence investigations, who has the authority to launch a counterintelligence investigation into a major political campaign, or whether such an investigation would need to be approved by the FBI Director. Comey did note that “there’s documentation in criminal investigations and in counterintelligence investigations to explain the predication for the opening of a file, that is, the basis for the opening of a file.”

These exchanges raise three concerning points: First, that FBI agents — including the biased, “We’ll stop Trump from becoming president” duo of Peter Strzok and Lisa Page — had the ability, without Comey’s involvement, to launch an investigation into the Trump campaign. Second, Comey’s testimony shows that he may not have known the official basis for, and scope of, the probe because he never saw the “initiation document.”

And third, the same agents who launched the investigation craft the documentation to explain “the basis for the opening of a file.” So, if the agents wanted to pin the launch of Crossfire Hurricane on George Papadopoulos’ supposed foreknowledge of the WikiLeak hack into DNC emails, they would merely need to list that as the predicate for opening the investigation.

Mueller’s Investigation is Missing One Thing: A Crime If he had something on Trump, we would have been watching impeachment hearings by now.By Peter Van Buren

https://www.theamericanconservative.com/articles/muellers-investigation-is-missing-one-thing-a-crime/

A baby born when Robert Mueller started his investigation would be talking by now. But would she have anything to say?

We last looked at what Mueller had publicly—and what he didn’t have—some 10 months ago, and I remained skeptical that the Trump campaign had in any way colluded with Russia. It’s worth another look now, but first let’s give away the ending (spoiler alert!): there is still no real evidence of, well, much of anything significant about Russiagate. One thing that is clear is that the investigation seems to be ending. Mueller’s office has reportedly even told various defense lawyers that it is “tying up loose ends.” The moment to wrap things up is politically right as well: the Democrats will soon take control of the House; time to hand this all off to them.

Ten months ago the big news was Paul Manafort flipped; that seems to have turned out to be mostly a bust, as we know now he lied like a rug to the Feds and cooperated with the Trump defense team as some sort of mole inside Mueller’s investigation (a heavily-redacted memo about Manafort’s lies, released by Mueller on Friday, adds no significant new details to the Russiagate narrative.)

George Papadopoulos has already been in and out of jail—all of two weeks— for his sideshow role. Michael Avenatti is now a woman beater who is just figuring out he’s washed up. Stormy Daniels owes Trump over $300,000 in fees after losing to him in court. There still is no pee tape. And if you don’t recall how unimportant Carter Page and Richard Gates turned out to be (or even who they are), well, there is your assessment of all the hysterical commentary that accompanied them a few headlines ago.

The big reveal of the Michael Flynn sentencing memo on Tuesday was that he will likely do no prison time. Everything of substance in the memo was redacted, so there is little insight available. If you insist on speculation, try this: it’s hard to believe that something really big and bad happened such that Flynn knew about it but still wasn’t worth punishing for it, and now, a year after he started cooperating with the government, still nobody has heard anything about whatever the big deal is. So chances are the redactions focus on foreign lobbying in the U.S.

Cohen’s pleas concocted by prosecutors to snare Trump By Mark Penn

https://itk.thehill.com/opinion/criminal-justice/420523-cohens-pleas-concocted-by-prosecutors-to-snare-trump

I’m experiencing 1998 déjà vu as prosecutors once again work overtime to turn extramarital affairs and the efforts to keep them secret into impeachable high crimes and misdemeanors. Unable to get the witnesses to compose the stories they want, today’s prosecutors are discovering they can simply compose the crimes by manipulating the pleas of men desperate to protect their families.

The Michael Cohen sentencing memo took aim directly at both Cohen and President Donald Trump. It was used, unethically, to cast the president as directing a criminal conspiracy to make “secret and illegal” payments. Sentencing memos are not supposed to use secret grand jury info to point fingers at those who are not being sentenced, but that’s exactly what these did.

One can say today that these New York prosecutors, acolytes of fired U.S. District Attorney Preet Bharra, have learned that the “plea’s the thing wherein to catch the king.” First, they went after the man, not the crime, and turned up millions in unpaid taxes and some bank-loan misrepresentations by Cohen. At that point, they convinced him to cave for the sake of his family; the trick was to get him to plead guilty to supposedly two campaign finance “felonies,” and then vaguely implicate the president as directing them (which Trump denies).

Despite promises to the contrary from prosecutors, they threw their star witness off the bus anyway, making him the biggest chump in this drama after he hired attorney Lanny Davis and burned all his bridges with his former client. Once they had the guilty pleas in hand, the prosecutors no longer needed Cohen; they trashed him as a greedy liar and called for substantial jail time.

The reason these two guilty pleas were so valuable is that these prosecutors could not, in my opinion, have gotten them in court. The first payment was not even made by Cohen but by American Media Inc., a bona fide media company with First Amendment protections; it could have decided to use the story that it bought, hold the story, or just prevent some competitor from using the story.

Will the Leakers in the Flynn Case Escape Justice? By Julie Kelly

https://amgreatness.com/2018/12/09/will-the-leakers-in-the-flynn

Two years ago this month, the set-up of Lt. General Michael Flynn began. And now that Special Counsel Robert Mueller has recommended the lightest sentence possible for Flynn’s crime of lying to the FBI in 2017, Americans are reminded that the real criminals—top officials at our nation’s most trusted agencies—have yet to be charged for illegally leaking classified information about Flynn to the news media in an effort to sabotage Donald Trump’s presidency.

Flynn was toward the top of Barack Obama’s enemies list. Forced out of the Defense Intelligence Agency in 2014 by Obama loyalist James Clapper, Flynn joined the Trump campaign and became an outspoken critic of Obama and Hillary Clinton. Famously, he led the “lock her up” chants at the Republican National Convention. Ten days later, James Comey’s FBI opened up a counterintelligence probe into possible election collusion between the Trump campaign and Russia. Flynn was one of four campaign associates targeted by the agency for his “suspected Russian ties.” (It’s unclear whether Comey also obtained a FISA order on Flynn, as he had on Carter Page.)

Obama warned Trump not to hire Flynn during their post-election meeting in the Oval Office on November 10. When Trump defied that advice, Team Obama made him pay.

In December 2016, Flynn held several conversations with Sergey Kislyak, the Russian ambassador to the United States. Trump’s incoming national security advisor legally and appropriately spoke with Kislyak about a number of topics, including a scheduled call between the nation’s two leaders after the inauguration.

Logan Act Hype
What Flynn may not have known at the time is that his conversations—and perhaps all of his communications—with the Russian diplomat were being monitored by James Comey’s FBI. Someone in the Obama Administration illegally leaked details about Flynn’s call to Washington Post reporter David Ignatius.

Defeat and the Dossier Explain Everything By Victor Davis Hanson *****

https://amgreatness.com/2018/12/09/defeat-and-the-dossier

Donald Trump’s former consiglieri Michael Cohen, along with being charged with tax avoidance and improper business deals, allegedly is guilty also of trying to leverage money and attention by exaggerating his influence with candidate and later President Trump.

In other words, Cohen to spec followed the standard creepy daily fare for Washington and New York wannabe fixers. But did we need Robert Mueller’s 18 months and $40 million to uncover and redirect to federal attorneys what was largely self-evident? Could not the U.S. government long ago, without the prompt of a special counsel, have uncovered that Michael Cohen did not fully pay his taxes—in the manner of an Al Sharpton, Timothy Geithner, and Tom Daschle?

The diabolical Cohen also tried to enforce, extend, or create non-disclosure agreements (Swampese for hush money) with two women from Trump’s past. The two reappeared out of nowhere in 2016, apparently to translate their alleged Trump hookups of a few hours in years past to notoriety and additional profit in the new age of “President Trump.”

Swamp Crimes
In other words, Michael Cohen was a sort of rough-hewn version of former Bill Clinton crony Vernon Jordan. The latter, remember, was the erstwhile Clinton fixer who in 1998 had sought to keep the still unknown Clinton paramour Monica Lewinsky quiet—and to whisk her away from the Washington media, by arranging for Monica a quid pro quo $40,000 a year job with Revlon in New York, via Clinton friend and Revlon CEO Ron Perelman—all with impunity.

Cohen certainly lacked the tact and savvy of another Clinton clean-up specialist, Betsey Wright, who in 1992 coined the term “bimbo eruptions” for her efforts to track down and neutralize any sudden public confessionals from the legions of past Clinton hookups.

Who knows, had we a Robert Mueller in 1933 he might have been able to charge General Douglas MacArthur and his alleged bag man, aide Major Dwight Eisenhower, with at least something for secretly delivering a bribe of $15,000 to MacArthur’s then 19-year old mistress, Isabel Rosario Cooper (who allegedly had been the general’s mistress since she was 16). The plan was to get her out of the United States and away from the reporting of sleazy muckraker Drew Pearson, who was eager to break the story.

Cohen’s efforts to pay off the Trump gals were understandably rebranded by federal attorneys into the acquitted John Edwards-style “campaign finance violations.” And who knows, now Cohen may well have to pay far more than the existing record federal elections commission fine of $375,000 involving 1,300 undisclosed contributions levied on the 2008 Barack Obama campaign—an event generally ignored by the media given the extenuating hurrahs of 2009.

All the FBI’s Documents Trump rages about Comey but he still won’t release FBI records.

https://www.wsj.com/articles/all-the-fbis-documents-1544398491

Donald Trump took to Twitter Sunday to rage about “Leakin’ James Comey, ” claiming the former FBI director lied to Congress. We can understand his pique, since we advised Mr. Trump in January 2017 to fire Mr. Comey as soon as he became President. But fuming in frustration now won’t do any good. The way to expose the truth about the FBI’s behavior in the 2016 presidential campaign is to declassify and release all the relevant documents.

Mr. Trump promised this fall to release many of these records only to renege under FBI and insider pressure. After the election the President again threatened to release them if Democrats went ahead with their multiple investigations into the 2016 campaign.

Well, what are you waiting for, Mr. Trump? Every Democrat in range of a microphone is promising to investigate your every Presidential decision, plus your taxes, business and family.

Meanwhile, New York Democrat Jerrold Nadler, who will chair the House Judiciary Committee in January, said Friday he will shut down the investigation into FBI and Justice decision-making. He called it “a waste of time to start with.” If Mr. Trump really wants Americans to know about the FBI’s 2016 political machinations, he’ll have to be the agent of transparency.

Wrap It Up, Mr. Mueller Democratic dilemma: Impeach Trump for lying about sex?

https://www.wsj.com/articles/wrap-it-up-mr-mueller-1544398545

Last week was supposed to be earth-shaking in Robert Mueller’s special counsel probe, with the release of sentencing memos on three former members of the Trump universe—Michael Flynn, Paul Manafort and Michael Cohen. Yet Americans learned little new and nothing decisive about the allegations of Russia-Trump collusion that triggered this long investigation.

The main Russia-related news is the disclosure, in Mr. Mueller’s memo on Mr. Cohen, of a previously unknown attempt by an unidentified Russian to reach out to the Trump presidential campaign. “In or around November 2015, Cohen received the contact information for, and spoke with, a Russian national who claimed to be a ‘trusted person’ in the Russian Federation who could offer the campaign ‘political synergy’ and ‘synergy on a government level,’” the memo says.

The Russian also offered the possibility of a meeting between Mr. Trump and Vladimir Putin. Alas for conspiracy hopefuls, Mr. Cohen “did not follow up on this invitation,” the memo says, because Mr. Cohen says he was already talking to other Russians about a Trump Tower hotel project that has been previously disclosed. Mr. Trump has said he shut down that hotel negotiation in 2016 because he was running for President.

So a Russian wanted to insinuate himself into the Trump orbit but nothing happened. Why drop this into a sentencing memo? The press is breathing heavily that it signals Mr. Mueller’s intention to promote a narrative that the Trumpians were all too willing, for commercial and political reasons, to hear Russian solicitations.

This would make Trump officials look dumb or naive, as Donald Trump Jr. and Jared Kushner were when they took that famous meeting at Trump Tower in June 2016. Such a narrative would be politically embarrassing, but it’s not conspiring to hack and release the email of Democratic Party officials.

Rep. Jim Jordan: Comey Said 245 Times “Don’t Remember, Don’t Recall, Don’t Know”

https://www.realclearpolitics.com/video/2018/12/09/rep_jim_jordan_comey_said_245_times_dont_remember_dont_recall_dont_know.html

Rep. Jim Jordan, Republican member of the House Judiciary and Oversight Committees, blasts former FBI director James Comey for answering more than 200 questions at Friday’s closed-door hearing with, “I can’t recall.”

“245 times he said ‘don’t remember, don’t recall, don’t know.’ The biggest takeaway for me was the ‘don’t know’ part. Specifically, he didn’t know much about Christopher Steele, the guy who used his work product, the dossier, to get the warrant to spy on the Trump campaign,” Jordan explained. “Here’s the key player, the guy who wrote the document that was the basis for getting the warrant, and he didn’t know anything about it.”