RUTHFULLY YOURS

https://www.wsj.com/articles/schiff-threatens-press-freedom-11575937690?mod=opinion_lead_pos5

The Federal Bureau of Investigation’s Domestic Investigations and Operations Guide, the bible for agents, has long recognized that journalists, the clergy and lawyers deserve special protections because of the constitutional implications of investigating their work. Penitents who confess to a priest, sources who provide confidential information to a reporter, and clients who seek advice from counsel are assumed to be protected by a high bar of privacy, which must be weighed against the state’s interests in investigating matters or subpoenaing records. Judges and members of Congress also fall into a special FBI category because of the Constitution’s separation of powers.

The FBI and Justice Department have therefore created specific rules governing agents’ actions involving special-circumstances professionals, which include high-level approval and review. There are also special rules for subpoenaing journalists.

If the executive branch, and by extension the courts that enforce these privacy protections, observe the need for such sensitivity, it seems reasonable that Congress should have similar guardrails ensuring that the powers of the state are equally and fairly applied.

House Intelligence Committee Chairman Adam Schiff apparently doesn’t see things that way. His committee secretly authorized subpoenas to AT&T earlier this year for the phone records of President Trump’s personal attorney, Rudy Giuliani, and an associate. He then arbitrarily extracted information about certain private calls and made them public.

Many of the calls Mr. Schiff chose to publicize fell into the special-circumstances categories: a fellow member of Congress ( Rep. Devin Nunes, the Intelligence Committee’s ranking Republican), two lawyers (Mr. Giuliani and fellow Trump lawyer Jay Sekulow ) and a journalist (me).

More alarming, the released call records involve figures who have sometimes criticized or clashed with Mr. Schiff. I wrote a story raising questions about his contacts with Fusion GPS founder Glenn Simpson, a key figure in the Russia probe, that brought the California Democrat unwelcome scrutiny. Mr. Nunes has been one of Mr. Schiff’s main Republican antagonists, helping to prove that the exaggerated claims of Trump-Russia election collusion were unsubstantiated. Messrs. Sekulow and Giuliani represent Mr. Trump, who is Mr. Schiff’s impeachment target.

https://www.wsj.com/articles/a-trail-of-fbi-abuse-11575938300?mod=opinion_lead_pos1

The press corps is portraying Monday’s report by Justice Department Inspector General Michael Horowitz as absolution for the Federal Bureau of Investigation, but don’t believe it. The report relates a trail of terrible judgment and violations of process that should shock Americans who thought better of their premier law-enforcement agency.

Readers can look at the detailed executive summary and decide for themselves. But our own initial reading confirms the worst of what we feared about the bureau when it was run by James Comey. The FBI corrupted the secret court process for obtaining warrants to spy on former Trump aide Carter Page. And it did so by supplying the court with false information produced by Christopher Steele, an agent of the Hillary Clinton campaign.

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How can anyone, most of all civil libertarians, pass this off as no big deal? The absolution is supposedly that Mr. Horowitz concludes that the FBI decision to open a counter-intelligence probe against the Trump campaign in July 2016 “was sufficient to predicate the investigation” under current FBI rules.

Yet Mr. Horowitz also notes that these rules amount to a “low threshold for predication.” John Durham, the U.S. Attorney investigating these matters for Attorney General William Barr, said Monday he disagrees with Mr. Horowitz’s conclusions on predication, albeit without elaboration for now.

Mr. Horowitz confirms what the FBI had already leaked to friendly reporters, which is that the bureau’s alarm in July 2016 was triggered by a conversation that former Trump aide George Papadopoulos had with Australian Alexander Downer. But we learn for the first time that the FBI immediately ramped up its counter-intelligence probe to include four Trump campaign officials: Messrs. Page and Papadopoulos, then campaign chairman Paul Manafort, and former head of the Defense Intelligence Agency Michael Flynn.

https://pjmedia.com/trending/agl-bill-barr-just-issued-a-translation-of-the-doj-ig-report-its-a-red-hot-rebuke-of-intrusive-trump-spying/

“I do not think it means what you think it means.” – Inigo Montoya

The Department of Justice Inspector General’s (IG) report into the FBI lying to the FISA Court to get warrants to spy on the Trump campaign is 433 pages. It took AG Bill Barr one paragraph to translate what all of it means in the real world. Oh, and don’t pick it up because you might burn yourself.

The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken. It is also clear that, from its inception, the evidence produced by the investigation was consistently exculpatory. Nevertheless, the investigation and surveillance was pushed forward for the duration of the campaign and deep into President Trump’s administration. In the rush to obtain and maintain FISA surveillance of Trump campaign associates, FBI officials misled the FISA court, omitted critical exculpatory facts from their filings, and suppressed or ignored information negating the reliability of their principal source. …[T]he malfeasance and misfeasance detailed in the Inspector General’s report reflects a clear abuse of the FISA process.

Because the IG has no right to subpoena and can’t lock anyone up, he can only refer people for prosecution. Currently, most of the people who conducted the abuse have been fired and were out of the purview of the IG.

The IG report, however, found that officials lied and omitted helpful information to Trump campaign officials who were being spied on, but couldn’t determine if the malfeasance was politically motivated.

U.S. Attorney John Durham is looking into why the Trump spying case was hatched by people clearly pulling for Hillary Clinton to win the election.  CONTINUE AT SITE

https://amgreatness.com/2019/12/08/the-legacy-of-low-bar-impeachment/

From now on, impeachment can be used against any first-term president with a record of success. It will be used solely as a political strategy by the opposition party that controls the House to weaken a president’s reelection chances. That’s the Democratic Party’s legacy and Democrats will live to rue it.

Since the embarrassing impeachment and failed conviction of President Andrew Johnson in 1868, Americans more or less had avoided that ultimate constitutional method of removing a chief executive from power. The Johnson impeachment had been so steeped in personal hatred, political rivalry, and post-war agendas that the failure by one vote in the Senate to remove the impeached Johnson more or less discredited the process for a century.

The 1974 Watergate impeachment inquiry saga was framed in opposition to the way Johnson had been impeached, inasmuch as anyone still remembered the particulars of that long-ago fiasco. That is, a special prosecutor, first Archibald Cox and then Leon Jaworski, was appointed to investigate the break-in and the so-called Watergate cover-up.

Democratic moderates like Representative Peter Rodino (D-N.J.) and Senator Sam Ervin (D-N.C.) gave the impeachment inquiries a patina of bipartisanship, both giving time for the targeted president’s defenders to produce witnesses and conduct cross-examinations. Neither released the phone records of their political counterparts on their respective committees. By the time a now-unpopular Richard Nixon resigned in August 1974 to avoid impeachment by an impending overwhelming vote, he had lost public support and gained bipartisan congressional opposition.

Bill Clinton, unlike Nixon, but like Johnson, was both impeached and acquitted in the Senate. Like Nixon, he had easily won a prior reelection (1996). But, unlike Nixon, Clinton was still reigning over a booming economy and enjoyed relatively high popularity—at least on poll questions other than character and morality. Independent counsel Ken Starr, like Leon Jaworski, found Clinton likely to have committed felonious acts. Indeed, he was impeached on grounds of obstructing justice and perjury by the full House on a mostly partisan vote, which nonetheless saw a handful of both Democrats and Republicans respectively cross party lines.

https://pjmedia.com/news-and-politics/the-insanity-of-progressivism-comes-right-out-of-gullivers-travels/

Our intellectual classes today are utterly disconnected from reality. As Milo Yiannopoulos writes in a review of the film Joker, “We are reeling from a disaster still unfolding, the unmaking of reality at the hands of millennial progressivism.” Indeed, when it comes to unmaking reality, our cognitive elite may as well inhabit the parody world of Gulliver’s Travels. Proposing blueprints for radical social change and meddling in the complexities of domestic and economic policy, they have come to resemble Jonathan Swift’s pixilated “projectors” in the Academy of Lagado (Book 3, Chapter 5), a conclave of intellectuals and academics “full of volatile spirits acquired in that airy region” of vacuous irrationality.

In its effort to save the nation, Swift’s Academy put forward various endeavors to advance the economy, improve education, and become energy-self-sufficient. For example, it proposed “extracting sunbeams out of cucumbers, which were to be put in phials hermetically sealed, and let out to warm the air in raw inclement summers.” This new technology “should be able to supply the governor’s gardens with sunshine, at a reasonable rate.” There was an astronomical plan “to place a sun-dial upon the great weathercock on the town-house, by adjusting the annual and diurnal motions of the earth and sun, so as to answer and coincide with all accidental turnings of the wind.” Another project to improve land cultivation led to a Lysenko-like result, namely not a single ear of corn or blade of grass was to be seen. An ingenious “artist” set about employing spiders as weavers of silk, requiring an exhaustive effort grooming colored flies to feed the spiders, all to no purpose.

Nor should we forget the New Math of Swift’s imagining, in which “[t]he proposition, and demonstration, were fairly written on a thin wafer, with ink composed of a cephalic tincture. This, the student was to swallow upon a fasting stomach, and for three days following, eat nothing but bread and water.” The project was a failure since students regularly upchucked their educational diet. Another professor was “employed in a project for improving speculative knowledge,” so that “the most ignorant person,” by arbitrarily operating an “engine” made of bits of wood inscribed with letters, “might write books in philosophy, poetry, politics, laws, mathematics, and theology, without the least assistance from genius or study.” A prominent landowner was tasked with using “wind and air” to run a mill, a work which miscarried miserably. As for architecture, the Academicians set about building houses by “beginning at the roof and working downward to the foundations.” These new theories and practices had the predictable effect, leaving the country in a state of ruin.

https://www.wsj.com/articles/schiffs-snooping-standard-11575841853?mod=opinion_lead_pos2

Kudos to Margaret Brennan of CBS for asking Adam Schiff on Sunday about his release of phone logs of his political opponents. Mr. Schiff dismissed any criticism, and his reason is revealing about the balance of power in Washington.

“The blowback has only come from the far right,” Mr. Schiff said. “But look, every investigator seeks phone records to corroborate, sometimes to contradict, a witness’s testimony.”

Yes, but executive-branch investigators who want to get data from private telecom companies typically must obtain some kind of judicial order. Mr. Schiff did it himself. Prosecutors are also supposed to limit the release of data on innocent bystanders like journalists for privacy reasons. The intelligence term of art is “minimization.” Mr. Schiff released the phone logs of journalist John Solomon and Rep. Devin Nunes —information irrelevant to his impeachment case against President Trump. The narrative of his report suggests he did it gratuitously to imply that Mr. Nunes is part of the Ukraine conspiracy, though the Republican has a right to call anyone he wants.

Mr. Schiff is right that he’s getting no criticism from the rest of the press corps. The same media that howled when the Bush Administration gathered metadata to hunt for terrorists is silent when Democrats gather and release it against a conservative journalist and Republicans. Keep this double standard in mind when you next hear media lectures about violating democratic and institutional “norms.”