Too many Trump critics have abandoned all pretense of respecting due process.
The absurd ruling by District Judge John Bates in the DACA case — which means that what is lawlessly imposed by executive order may not be lawfully rescinded by executive order — reminds us that justice is being politicized plenty from the bench. No surprise, then, that the pols and pundits are getting in on the act.
Byron York’s Washington Examiner column takes up the question of whether, where Donald Trump is concerned, the “generally accepted standard of justice has been turned on its head.” The matter at issue is the so-called Steele dossier, the Clinton-campaign-sponsored compilation of opposition-research memos that the author, former British spy Christopher Steele, masqueraded as intelligence reports. Byron collects commentary from left-leaning political, academic, and media doyens, all arguing that the dossier’s sensational allegations carry a degree of credibility because, though unverified, they have not been proven untrue.
We’ll come to the law in a moment. First, it’s worth observing how even the facts are corrupted by political narrative. The dossier did not drop out of the sky five minutes ago. Many media outlets had it long before it was finally published 17 months ago, refusing to run with it because they well knew that doing so would be irresponsible. The FBI has had Steele’s reports for nearly two years. As former deputy director Andrew McCabe told the House Intelligence Committee, the bureau made elaborate efforts to corroborate it. What’s more, the FBI and Justice Department have come in for fierce criticism for failing to verify dossier allegations that were included in the surveillance applications to the Foreign Intelligence Surveillance Court (FISA Court). They have great incentive to show corroboration if it exists, but they haven’t.