RUTHFULLY YOURS

Columbia University Law School professor of legislative studies Richard Briffault explained the actual laws regarding treason, perjury, and collusion to MSNBC hosts Ali Velshi and Stephanie Ruhle on Thursday afternoon.

Several prominent Democrats have accused the president’s son of “treason” with regard to a meeting he had with a Russian lawyer in 2016. The details of this meeting were published by the New York Times on Monday, but before that accusations of perjury and collusion with the Russians have also flown at Trump Jr., and many other members of the Trump campaign, from many elected Democrats and prominent media figures.

About allegations of treason against Trump Jr., the law professor explained: “Treason is a little extreme for this… [Russia] may not be our friend, but it is not clear they are our enemy. We are not at war.”

About allegations of perjury against President Trump, his son, or members of his administration, the law professor explained: “I’m not sure any of this has been under oath yet… but you would have to prove [one] was knowingly and maliciously misleading, and [their] claim is to say he just forgot. So we’re in a gray area there. ”

About collusion, the law professor explained: “Collusion isn’t really a crime, I think we are getting at things like conspiracy to commit a crime, or coordination of campaign finance stuff. Collusion is more of a political term than a legal term.”

About the final alegation, that Jared Kushner might have forgotten something on his security clearance form, but added it later, the law professor explained: “That’s irrelevant… The thing was that he was at the meeting and he didn’t report having been at the meeting –as I understand it– in his intial filing to get the security clearance. So, at the very least, he has corrected that, but there is still some question about how knowing that was. So, perjury no, lying to the government maybe.”

(Previous allegations of ‘obstruction of justice’ with regard to the firing of FBI director James Comey appear to have been forgotten.)

Transcript:

RICHARD BRIFFAULT, COLUMBIA UNIVERSITY LAW SCHOOL: Treason is a little extreme for this, I mean it is not clear — [Russia] may not be our friend, but it is not clear they are our enemy. We are not at war. It is not clear this violates — it is against the U.S. government. So I am not up to treason yet.

STEPHANIE RUHLE, MSNBC: So take ‘T’ off the table. What about the ‘P’? Perjury definition: ‘A person under oath states any material which he does not believe to be true.’ Would be constituted as perjury.

BRIEFAULT: Well, with the possible exception of Jared Kushner and the forms he filled out to get his security clearance, I’m not sure any of this has been under oath yet. On those, maybe it is not perjury, but there is a crime of lying to the U.S. government, but you would have to prove he was knowingly and maliciously misleading, and his claim is to say he just forgot. So we’re in a gray area there.

Depending on whom you wish to believe, the recent revelations that last June Donald Trump Jr. had a meeting with one Natalia Veselnitskaya, a Moscow attorney advertised to have brought destructive opposition research on Hillary Clinton, prove there is finally meat on the “Trump and the Russians” bones being served to the public.

From this quarter, the story seems to have far more questions than answers to it.

The proposition those damning the president based on this latest revelation are offering involves the fact that Trump Junior is found on an email thread which he voluntarily disclosed on Twitter saying “I love it” in reaction to being told of the information on Clinton, that information having been characterized by its presenter, an English music publicist named Rob Goldstone, as part and parcel of a desire by the Russian government to help his father win.

This, we’re told, is evidence of collusion between Trump père and The Russians, and based on a timeline which included the Wikileaks disclosures of “hacked” Democratic National Committee emails and Trump’s request that The Russians make public the 30,000 emails Clinton had supposedly deleted from her illegal private server, it’s a smoking gun that Trump was the beneficiary of the Putin regime’s intelligence arm “hacking” the 2016 election.

Which is an awful lot of mileage on not quite so much fuel.

Veselnitskaya’s presence in the United States alone ought to be the source of suspicion that not only is the Trump-Russian collusion narrative suspect in this case but that the real inquiry ought to be into whether the encounter was a small part of a larger attempt to trap the Trump campaign.

The Russian lawyer wasn’t even supposed to be here. She had been denied a visa for entry into the United States in late 2015, but given a rather extraordinary “parole” by the federal government to assist preparation for a client subject to an asset forfeiture by the Justice Department. That was in January. The client was Prevezon Holdings, a Russian company suspected of having been paid some portion of $230 million stolen by Russian mobsters. When Sergey Magnitsky a Russian lawyer representing a company that had been the victim of the theft, reported it to authorities in Moscow he was promptly jailed and beaten to death. The American response to this atrocity was the 2012 Magnitsky Act, which sanctioned several individuals connected to human rights abuses. The Russian government retaliated by preventing American adoptions of Russian children.

But in June, she was permitted to fly back to the U.S., have the meeting with Trump Junior — at Trump Tower, no less — and then end up in the front row for a congressional hearing involving testimony from a former U.S. ambassador to Russia, then turning up at a D.C. showing of a documentary film on the negative effects of the Magnitsky Act, and later appearing at a dinner involving Rep. Dana Rohrabacher (R-CA) and former Rep. Ron Dellums (D-CA) who is now a lobbyist for the Russians. The repeal of that legislation is a priority item for the Russians and a personal project of Veselnitskaya’s; it, rather than any Clinton dirt, was reportedly the primary subject brought forth at the meeting with Donald Trump Jr.

All of this without a visa! Not to mention Veselnitskaya didn’t file a FARA (Foreign Agents Registration Act) document before acting as a lobbyist for a foreign entity, as required by law. Neither, apparently, did Dellums. Senate Judiciary Committee chairman Charles Grassley (R-Iowa) wrote a fascinating letter Tuesday to Homeland Security Secretary John Kelly and Secretary of State Rex Tillerson asking them to please find out what in the hell Veselnitskaya was doing in this country last June.

Those of us following the news were unfortunately subjected to an unhealthy dose of Linda Sarsour this week. The self-promoting, egomaniacal, anti-Semite managed to deliberately stir a hornet’s nest with use of inflammatory rhetoric at a Muslim conference. In an address before the Islamic Society of North America, she called for a “Jihad” in the name of “Allah” against the Trump administration and encouraged her Muslim Brotherhood audience members (ISNA was named as an unindicted co-conspirator in the Holy Land-Hamas terror financing case) “not to assimilate and…not to please any other people and authority.”

Sasour, the crafty manipulator, then used the subsequent firestorm to insert herself into the news and the Washington Post provided her with a platform to spew her venomous propaganda. She penned an article where she claimed to have been “taken out of context,” feigned victimhood (victimizers are good at doing that) and termed those who criticized her, “Islamophobes.”

In Linda Sarsour’s world, those critical of her rancid views and actions – her support for BDS, her embrace of a convicted murderer, her tribalism and outright anti-Semitism and her desire to remove the vaginas of women with whom she finds disagreement – are branded “Islamophobes.” Sarsour then went on to give herself a gold star for being “their worst nightmare.” By “their” she meant “Islamophobes,” and by Islamophobes, she means everyone who disagrees with her, including those in the center-left camp (yes, they still exist).

The late Christopher Hitchens perceptively noted that the term “Islamophobic” is one that “was created by fascists and used by cowards to manipulate morons.” Sarsour’s banal employment of this dangerous and disingenuous term proves Hitchens’ point beyond any shadow of a doubt.

But Sarsour is a fraud. She claims to be a civil rights activist but is an anti-Semite. She preaches non-violence but encourages violence against Israelis. She claims to represent the feminist movement but advocates for Sharia which oppresses women, and bizarrely touts Saudi Arabia – a nation that forbids women drivers and punishes rape victims – as a nation that protects women’s rights. She claims to be an advocate for the LGBTQIA (she’s always careful to insert the “QIA” part) community but has yet to condemn the Palestinian Authority, Hamas, Iran, Saudi Arabia or any Muslim country for their abysmal treatment of their respective LGBT communities.

Yet amazingly, Sarsour manages to find the time to relentlessly criticize Israel, the Mideast’s only democracy, and a nation that empowers women and provides statutory protections for its LGBT citizenry.

When I was a kid, an outfit called Big Time Wrestling would come to town. The favorite rivalry was between stage gringo Ray Stevens and the chivalric Pepper Gomez. Fierce disputes over which champion was better would break out on the playground after a bout. Then one day an older Mexican kid shattered our illusions by informing us that he had seen Stevens and Gomez laughing together over dinner in Chinatown.

Welcome to American politics, where the educational and economic elites, especially in the bicoastal politico-media complex, are bound together by a privilege that transcends the lurid dramas of conflicting ideologies.

Two recent columns talk about this divide between mass and elite in American society. David Brooks, house-conservative at the New York Times, wrote a much-ridiculed, but still perceptive column about what defines the American elite, and how they ensure that their children will inherit their privilege, and the less-privileged will be kept out. By using their wealth to “invest” in their kids’ success––the best schools, public or private; the means to pay for tutors, SAT prep courses, internships, and foreign travel; and the social connections to help them matriculate at Ivy League and other top-notch schools, 70% of whose admissions come from the top 25% of income distribution.

The gate-keeping comes in the form restrictive building codes that in deep-blue redoubts of privilege like San Francisco and Manhattan keep housing prices high, and schools demographically homogenous. The result is a shared social and cultural capital that is second-nature to insiders, but alien to those who have not been exposed to the knowledge, mores, manners, and taste that comprise it.

A specific example of elite solidarity across partisan lines appeared in a New York Post column by Maureen Callahan. She peruses the guest-list for an annual soiree hosted by Washington Post heiress Lally Weymouth in the Hamptons:

It was full of politicians and power brokers — the ones who pantomime outrage daily, accusing the other side of crushing the little guy, sure that the same voter will never guess that behind closed doors, they all get along.

Ivanka Trump and Jared Kushner partied with billionaire Democratic donor George Soros, who rubbed shoulders with billionaire GOP donor David Koch.

Chuck Schumer and Kellyanne Conway were there. So were Democratic Rep. Carolyn Maloney, Ronald Lauder, Carl Icahn, Joel Klein, Cathie Black, reporters Steve Clemons and Maria Bartiromo, columnists Richard Cohen and Margaret Carlson, Secretary of Commerce Wilbur Ross and Secretary of Transportation Elaine Chao, Ray Kelly, Bill Bratton and Steven Spielberg.

Like Pepper Gomez and Ray Stevens, these denizens of the 1% are fierce partisans in front of the cameras, but old pals at a tony party or a chic restaurant or a high-end golf resort. They share the same zip codes, the same tastes, the same amenities of celebrity and wealth, and ultimately the same interest: keeping themselves on top, and hoi polloi at a distance.

This social reality can help solve the mystery of Republican NeverTrumpers and their obsessive anger––Trump is a 1% traitor who has turned against his own in a bid for political power. From ancient Athens on, populist demagogues have usually been aristocrats who betray their class by enlisting the support of the grubby masses and legitimizing their grievances. They buy loyalty by promising to redistribute the property of the wealthy, and by sneering at their mores and taste, their education and proper pronunciation, and especially their reflexive sense of superiority.

In antiquity it was land and lineage that defined privilege. In our day, prep schools, top-ten university degrees, formal speech, correct diction, proper manners, and high-cult allusions all mark off the elite, and hide the fact that their position comes from money and connections as much as merit. Someone like Trump, who violates every one of these canons and enjoys the support of the “bitter clingers” and “deplorable” masses, infuriates the elite by challenging their right to rule by virtue of their presumed intellectual and cultural superiority.