RUTHFULLY YOURS

Former Director of National Intelligence James Clapper and former acting Attorney General Sally Yates, an Obama administration holdover, testified on Monday before a Senate Judiciary subcommittee in connection with the ongoing investigation into alleged Russian interference with last year’s presidential election. There were no major revelations during over three hours of testimony. The saga of General Michael Flynn, whom served briefly as President Trump’s national security adviser before being dismissed for misleading Trump administration officials about his Russian contacts, was a recurrent theme of the hearing. Another was the unmasking of the names of Trump associates on whom information was incidentally collected during the course of surveillance focused on foreign targets, and the leaks to the media that followed.

Both Mr. Clapper and Ms. Yates said they had viewed classified documents in which the identities of Donald Trump or his associates had been unmasked, but declined to provide any details. Ms. Yates indicated that she herself had not asked for any such unmasking. Mr. Clapper said that he had at least on one occasion requested unmasking involving a Trump associate. Both denied having leaked any such information to the press. Moreover, neither was aware of any classified information relating to Mr. Trump or his associates being declassified and then shared with the media.

Mr. Clapper reaffirmed his conclusion that no evidence existed of collusion between members of the Trump campaign and the Russians. He also confirmed that during his investigation he did not find a situation where a Trump business interest in Russia gave him concern during the course of the preparation of the intelligence communities’ assessment.

Ms. Yates refused to state where she stood on the collusion issue in the public subcommittee setting, falling back on a justification she used repeatedly in not answering any questions that she claimed “would require me to reveal classified information.”

Despite getting no support from either Mr. Clapper or Ms. Yates on the existence of supposed collusion, Democrats on the subcommittee nevertheless kept hammering away on their speculative conspiracy theories without any evidence to support them. That is one reason why they kept coming back to the Flynn story, in an effort to draw broad but unsupportable inferences of something even more nefarious at work.

Ms. Yates claimed to have warned the White House, in particular White House Counsel Don McGahn, during the very early days of the Trump administration regarding Flynn’s misleading statements on his prior contacts with the Russian ambassador to the United States, Sergey Kislyak. “The Russians also knew what Gen. Flynn had done and that Gen. Flynn had misled the Vice President and others…that created a compromise situation — a situation where the national security advisor essentially could be blackmailed by the Russians,” Ms. Yates said. In addition to the concern that Flynn was compromised, she said “we felt like the Vice President was entitled to know that the information he had been given, and that he was relaying to the American public, wasn’t true.”

Mr. Clapper confirmed the role that British intelligence, along with other allies, played in sharing information they had with U.S. intelligence officials regarding purported links between Russians and Trump associates. He said the specifics were “quite sensitive.” Curiously, however, the former director of national intelligence claimed to have been in the dark about the FBI’s own investigation into the Russian-Trump campaign relationship.

Former Acting Attorney General Sally Yates took her turn before the Senate Monday, in a hearing focused on her role in the firing of former Trump National Security Adviser Michael Flynn. As is now routine in any discussion of the Trump-Russia story, some important details were buried amid the speculation.

Mrs. Yates recounted in detail her unusual visit in January to White House Counsel Donald McGahn, when she said she’d warned that the Justice Department had evidence that Mr. Flynn had lied to White House officials and the public about certain “problematic” conduct.

Mrs. Yates, an Obama appointee, declined to specify the conduct to the Senate, but thanks to Obama-team leaks we know it involved Mr. Flynn discussing sanctions on Russia with the Russian ambassador though he had publicly said he hadn’t. Mrs. Yates said that because the Russians knew about his lying, Mr. Flynn had been “compromised” and was vulnerable to “blackmail.” Democratic Senators repeated the “compromised” line.

Yet the salient political fact is that President Trump then fired Mr. Flynn for misleading Vice President Mike Pence and the public. Moreover, Mr. Flynn was fired despite the lack of evidence that he conveyed any truly compromising information to the Russian ambassador.

All we know is that Mr. Flynn made a passing reference in his conversation with the ambassador to U.S. sanctions against Russia—a reference Mr. Flynn says he forgot. What was there to blackmail him over?

The important question is whether there was collusion between Russians and the Trump campaign, and on that score the Yates appearance turned up nothing new. For that matter, we’re still waiting for any such evidence from the House, Senate and FBI investigations. Maybe it exists, but no one has produced it.

So far the only crime we know about in this drama is the leak of Mr. Flynn’s name to the press as having been overheard when U.S. intelligence was eavesdropping on the Russian ambassador. Mr. Flynn’s name was leaked in violation of the law after he was “unmasked” by an Obama Administration official and his name was distributed widely across the government.

We don’t know who did the unmasking, but on Monday both Mrs. Yates and former Director of National Intelligence James Clapper admitted that while in office they had personally reviewed classified reports about “Mr. Trump, his officials or members of Congress” who had been “unmasked.” Both also admitted that they had shared that information with others in government, though they did deny leaking to the press.

We thought readers might like to know those details in case they go unreported anywhere else in the press. The unmasking of the names of political opponents is a serious concern, and the American people need to know how and why that happened here.

With Neil Gorsuch safely on the Supreme Court, the White House is turning its attention to the lower federal courts. President Trump took a major step Monday, naming five new nominees to the federal appellate courts and five to the district courts.

The five appellate nominees are Joan Larsen of the Michigan Supreme Court and John Bush of Kentucky to the Sixth Circuit, Kevin Newsom of Alabama to the 11th Circuit, David Stras of Minnesota to the Eighth Circuit and Amy Barrett of Indiana to the Seventh Circuit.

Judges Larsen and Stras were on Mr. Trump’s original list of 21 judges he said he’d consider for the Supreme Court, and the group has sterling credentials. Ms. Barrett is a law professor at Notre Dame who clerked for federal Judge Laurence Silberman, a giant of the appellate circuits, as well as the late Justice Antonin Scalia. Mr. Newsom is a former clerk to Justice David Souter and has argued multiple cases before the Supreme Court. Mr. Bush is a highly regarded lawyer in private practice who represented President Reagan during the Iran-Contra investigations.

It’s likely the left will pressure Democratic Senators like Al Franken (Minnesota) and Joe Donnelly (Indiana) to withhold their endorsements of the home state judges, known as “blue slips.” But White House Counsel Donald McGahn has put together impressive nominees who will be hard to obstruct for reasons beyond raw partisanship.

Prompt Senate action on the nominations is important—not least because the number of vacancies on the federal bench is around 129. After these latest nominees, that includes 14 on the appellate circuits. President Obama made 331 judicial appointments, and his nominees to the federal appeals courts now represent about a third of the judges.

According to the Brookings Institution, as of September 2016 there were 92 liberal appellate judges and 75 conservatives. It’s time to redress the balance in the 115th Congress while Republicans have a Senate majority.

We live in an age of identity politics, which is a misleading way of saying we are segregated – by race, religion, socio-economic positions and sex. Differences do exist, and highlighting them is a way to spotlight societal problems. But partition today is done, cynically, for political purposes – to compartmentalize voters for easy access. As a nation, we need debate but should focus on commonalities. However, in the matter of the sexes, it is the difference between men and women that is fundamental to our continued existence. After all, without procreation we would die off.

All agree, there is no excuse for sexual harassment and that there should be equal pay for equal work – that women should have the same opportunity as men in terms of education and careers. And – despite the above Wodehouse quote – intelligence is not confined to one gender. Respect should have no boundaries.

We are formed by our past. While I went to an all-boys high school and spent forty years on male-dominated Wall Street trading floors, I was fortunate to have been raised in a household, and in a family, where women were always considered equal to men. Of my parents, my mother was the more dominant, and certainly had more of a head for business than my father. While both were artists, he was quiet and reserved, interested in sculpture, nature and his children. My maternal grandmother was raised in the south and in Washington, D.C. She married at 18 and, with her husband, moved into the New Haven home of her widowed father-in-law, where she became the head of a large household. While she never went to college, she was, according to my father, as well-read as anyone he knew. My paternal grandmother married at age 31. In the late 1890s and early 1900s, she spent six years studying at M.I.T., which accepted her tuition, but refused to grant her a degree because of her sex. She always remembered that slight, but didn’t let it consume her. She lived to be 93, and maintained a life-long interest in public health, an interest nurtured at M.I.T.

The gender equality I encountered in my youth was accompanied with a chivalrous attitude toward women. I was taught to remove my hat and open doors for women, to pull out their chair when they came to the table. This was not because they were incapable of doing so themselves, but as a sign of respect. (If you had seen my mother on a horse you would know she wasn’t fragile.) Shortly after I met my wife, she and I drove out to Wellesley to visit my paternal grandparents. My grandfather had just turned 89 and Caroline was in her early 20s. When she walked into the room, he stood. Civility and manners that make for genteel behavior are neither condescending nor patronizing. They lubricate rules of civility.

The 19th Amendment, which gave women the right to vote, was ratified in August 1920, a hundred and thirty-one years after George Washington was inaugurated. Neither of my grandmothers could vote until they were middle-aged. When I was growing up most women did not go to college and careers open to men were not open to them. In high school, girls took “home economics,” while boys took “shop.” Ten years later, in the mid 1960s, opportunities for women were still limited. The feminist movement was well-timed. Women like Betty Friedan and Gloria Steinem led marches for jobs, equal treatment and rights. The Equal Rights Amendment (ERA) was passed by Congress in 1972, but only ratified by 32 States, so never became part of the Constitution. Phyllis Schlafly was, in part, responsible for its failure. Her argument: women bear babies, so must be cared for by the men who get them pregnant, an observation rooted in biology. Nevertheless, over time, most of what the ERA demanded has been enacted into law, and/or have become part of the accepted norm. There are more women in universities today than men. While not equally represented in government, business, law, academia and the military, they have made in-roads inconceivable to those of my parents’ and grandparents’ generation.

If you’re a Democrat, and your program is wealth redistribution—with a big cut for yourself as a ruling middleman—it turns out that racism is a much better rationale than inequality for robbing selected Peter to pay collective Paul. Inequality, as New York mayor Bill de Blasio ruefully found, is too fuzzy a cause to fire up most people with righteous indignation, since American liberty has always meant that people free to use their different talents and virtues in their own way will arrive at widely varying outcomes. But racism—oh, racism is the original American sin. It is so obviously, wickedly, unjust as to get the blood boiling in blue states and cities across the land.

Trouble is, there isn’t that much racism festering in the nation any more. It was Barack Obama’s political obsession, perhaps bordering on political genius, to convince a majority of Americans that it pervaded everywhere, like phlogiston, seventeenth-century science’s imaginary substance—invisible but supposedly ubiquitous and providing our ancestors with an explanation for the otherwise inexplicable phenomenon of combustion.

Accomplishing this task, though, required a massive rewrite of the American history of the last half-century. As recently as 15 years ago, there were a lot of people around for whom the civil rights movement had been a formative, firsthand experience. I don’t mean the race hustlers like Jesse Jackson and Al Sharpton. I mean ordinary people who had a deep commitment to ending racial segregation and discrimination and to winning equal opportunity for all Americans, regardless (as the mid-century slogan put it) of race, creed, or color. We had heard the speeches of Martin Luther King and yearned for the day when only the content of your character, not the color of your skin, would count; had known (or even been) Freedom Riders, rumbling south by the busload to help hitherto disenfranchised blacks register to vote; had seen Birmingham police commissioner Bull Connor stand by while the Ku Klux Klan beat those demonstrators and later set his own police dogs and fire hoses on the next peaceful group; had seen Governor George Wallace stand in the schoolhouse door to keep blacks out of the University of Alabama. We saw the moral force of that movement inexorably marginalize the racists, and the legal force of the federal government steamroll them, starting with Brown v. Board of Education in 1954 and gaining momentum when Deputy Attorney General Nicholas Katzenbach, flanked by federal marshals and national guardsmen, forced Wallace to step aside as the first black students entered his state university in 1963, and when Congress the next year passed the epochal 1964 Civil Rights Act.

My generation lived through decades of what seemed a world-historical liberation. Before our eyes, as we saw it, Jefferson’s dream of an America based on the idea that all men are created equal had solidified into a reality at last. So indelibly etched on our memories were those heady times that on 9/11, when my left-wing baby-boomer neighbors spontaneously assembled at the Firemen’s Monument on Riverside Drive, candles in hand, all they could think of to solemnize the occasion was to sing not “The Battle Hymn of the Republic” but the civil rights anthem “We Shall Overcome.” If the Vietnam War was the shadow of our formative years, the civil rights movement’s success was the sunshine.

But like many admirable movements, even this one had its excesses. Equality of opportunity wasn’t enough, some insisted. We needed equality of results. Government and private institutions adopted numerical goals and quotas and tried to reach them through affirmative action—that is, through a supposedly beneficent discrimination by race, seemingly legal, since the Supreme Court, even in Brown v. Board of Education, had never repudiated Plessy v. Ferguson’s odious 1896 acceptance of racial discrimination. We got forced school busing to make student populations of each school mirror the racial composition of the region, and public education’s focus shifted from imparting knowledge to fighting racial disparity—or, as the progressive-ed schools put it, advancing social justice. Needless to say, the education of black kids improved not a whit.