RUTHFULLY YOURS

When my late father got our citizenship papers and first American passport he paraphrased Descartes : “In America, I vote, therefore I am.” He never missed an election and died shortly after voting from Ronald Reagan in 1984 convinced that the franchise was the ultimate form of participation in a democracy.

Now, I can put up with the hyperbole and insult of those with whom I disagree. What upsets me far more is the suspicion of election fraud and the increasing evidence of dead people voting, illegal and non citizens voting, intimidation, and orchestrated violence at Trump rallies. There is documented evidence of all the above by reputable reporters and investigators.

The Republicans mostly ignore it, preferring to bash the messenger rather than protesting the truth, and the Democrats who would howl if it did not benefit their candidate dismiss it. Why wouldn’t they?

I increasingly feel that I vote but it does not count and my fear is that an increasing number of citizens will stop voting and turn to apathy rather than election choices.

We should always be on guard against presentism, but in this instance I do not hesitate to say that the upcoming presidential election is the most alarming in American history. I can make that statement with confidence because I do not believe the most disturbing aspect of the election is the choice of candidates – even though the two major party nominees present the worst choice the American people have faced in my lifetime (Eisenhower was president when I was born), and perhaps ever.

The reason this is such a frightening election is that the Constitution’s mechanisms for reining in or ousting a rogue president are in tatters.

We are not supposed to have transformative elections, contests that will forever change our system of government or enable government to orchestrate cultural upheaval. The Constitution is supposed to be our guarantee against that.

A couple of years ago, I wrote a book called Faithless Execution in an attempt to explain this and campaign, in my own small way, for a restoration. The theory I posited was straightforward. Among the greatest fears of those who founded our constitutional republic was that the powerful new office they were creating, the President of the United States, could be a path to authoritarianism and eventual tyranny. Much of the deliberation over the drafting and adoption of the new Constitution was dedicated to ensuring adequate safeguards against that possibility.

The Constitution’s aim is to preserve liberty and self-determination. Its prescription for doing so is to constrain government (and thus increase the realm of free, unregulated activity) by limiting and dividing governmental powers. Federal authority was balanced by states that maintained sovereign power. The limited powers delegated to the federal government were divided among three branches, each given sufficient inherent authority that it could not be overwhelmed by the others.

John Podesta’s e-mails, which we now have courtesy of WikiLeaks, confirm what we already knew: The Justice Department’s decision not to indict Hillary Clinton was a politicized travesty.

Podesta, a longtime Clinton hand and Democratic party operative, was President Obama’s top political adviser before becoming chairman of Clinton’s presidential campaign in February 2015. As he was transitioning, it was revealed that, as secretary of state, Clinton had regularly transacted government business over a private e-mail account and, in a major national-security breach, had used a non-secure server to send and store highly classified information. Moreover, to (further) evade transparency requirements, Clinton destroyed 33,000 e-mails, falsely representing them as “personal,” having to do with her daughter’s wedding and “yoga.” Nonetheless, the Justice Department declined to bring a case.

FBI director James Comey’s she-did-but-she-didn’t press conference had already made it clear that Clinton was given special treatment, as had investigative reports and interview summaries pried from the bureau by congressional Republicans. Podesta’s e-mails illuminate the improper coordination between the campaign, the White House, and the State and Justice Departments that led to Clinton’s getting a complete pass.

Although it was ostensibly investigating Clinton and her State Department staff (many of whom had become her campaign staff), the Justice Department kept campaign officials in the loop about developments in Freedom of Information Act cases related to Clinton’s e-mails, and about administration efforts to delay and minimize disclosures. The DOJ worked with the Clinton team’s defense lawyers to restrict the FBI’s ability to ask key questions and examine critical evidence. It also declined to present the case to a grand jury, which the DOJ must do in order to subpoena critical evidence and indict culpable suspects. Instead, it gave the suspects immunity from prosecution and made other gratuitous concessions in order to acquire evidence the production of which could have been compelled.

Meanwhile, as the former secretary’s claims about never having sent or received classified information were exposed as lies — in fact, some of her e-mails contained information classified at the very highest levels of secrecy — the State Department colluded with Clinton aides to control the fallout. Newly disclosed FBI documents suggest that high-ranking State Department official Patrick Kennedy leaned on the FBI, and perhaps other agencies, to downgrade classification of Clinton’s e-mails (which might bolster her false denial of transmitting classified information) and to exploit Freedom of Information Act exemptions (which would allow the State Department to withhold disclosure of e-mails that would be politically harmful). This news should come as no surprise. FBI reports had previously indicated that State Department brass were pressuring career officials to change designations to minimize Clinton’s apparent misconduct.

As everyone knows, history repeats itself, or as the late great Peter Allen sang, “Everything old is new again.”

Once upon a time, Democrat president Harry Truman effectively ended World War II by dropping the first nuclear bombs ever detonated on Hiroshima and Nagasaki, on August 6, 1945, resulting in multi-thousands of deaths. It was a decision that promised to end his presidency.

All the political experts—pundits, writers, radio newscasters—agreed that the unassuming former haberdasher who became the unlikely choice of VP in the election of 1944 didn’t have the charisma of the man whose shoes he had stepped into after President Franklin Delano Roosevelt died of a stroke just three months after his fourth presidential inauguration, and that Truman’s war-mongering act was not only antithetical to the values of peace-loving Americans who were exhausted by World War II’s profound losses in bodies and blood, but that it would ultimately condemn him to political ignominy.

But when Truman ran for a second term in 1948, Americans turned out in record numbers for the plain-spoken, decisive Missourian whose action, they recognized, spared the deaths of thousands of American troops, and voted overwhelmingly against the smooth-talking Republican, Governor Thomas Dewey of New York.

As it turned out, all the “expert” predictions of the media were dead wrong!

So arrogantly confident were Truman’s naysayers—sound familiar?—that a political writer of The Chicago Daily Tribune wrote an article declaring Dewey’s victory before the results were in, and the hapless publisher ran with the story!

The latest FBI document release reveals that Undersecretary of State Patrick Kennedy urged the FBI to downgrade from classified to unclassified a Benghazi-related email that had sat on Mrs. Clinton’s server. “At the time Mrs. Clinton was still insisting she’d never transmitted classified information,” notes a Journal editorial. “Mr. Kennedy proposed that rather than mark the email classified, he’d give it a special exemption from Freedom of Information Act requests, which would allow him ‘to archive the document in the basement of [State] never to be seen again.’”
Morning Editorial Report

Click here to receive this daily Opinion summary via email.

Our columnist Holman W. Jenkins, Jr. notes that “Hillary Clinton is her party’s nominee and on her way to the White House only because the Obama administration decided to waive the law on handling classified material—and the FBI went along—in order to assure that its designated heiress would succeed to the presidency.”

A separate editorial notes that the U.S. is engaged in five hot conflicts as Barack Obama prepares to leave office. “An eternal law of global affairs is that weakness invites aggression that can lead to war. The latest validation of this truth is that in the eighth year of the Obama Presidency the tide of war is building on multiple fronts and the U.S. can’t escape the consequences,” writes the editorial board.

The Journal’s Kate Bachelder Odell says that Nevada Republican Joe Heck could win the Senate seat of retiring Minority Leader Harry Reid. “Mr. Heck is a sharp and disciplined candidate, his opponent has no discernible ideas, and he’s running to expand the GOP’s appeal,” writes Ms. Odell.

As this year’s rough-and-tumble election campaign heads toward a conclusion, Craig Shirley and Frank Donatelli share an anecdote from America’s 40th president: “In 1987, when he was informed that Democratic presidential aspirant Gary Hart was accused of extramarital activities, President Ronald Reagan reportedly quipped, ‘Boys will be boys. But boys will not be president.’”

Marc Siegel, a professor at New York University Langone Medical Center, notes the temptation for reporters and even physicians to “make pseudo-psychiatric diagnoses” of presidential candidates. “Such assessments are so common in this election season that you would think the two candidates were as familiar to you as your own uncle or aunt. But the truth is, we don’t actually know them except through the fog of the media lens.”

If the FBI’s investigation into Hillary Clinton’s private email server has shown anything, it’s that the Clintons have many helpers in Washington. This includes the State Department, where even the civil servants have tried to protect their former boss.

The latest FBI document release on Monday contains interviews with officials revealing that in spring 2015 Undersecretary of State Patrick Kennedy contacted an FBI official to coax the FBI to downgrade from classified to unclassified a Benghazi-related email that had sat on Mrs. Clinton’s server. At the time Mrs. Clinton was still insisting she’d never transmitted classified information.

The headlines have focused on whether the Kennedy request to FBI official Brian McCauley was a quid pro quo: an offer that State would allow the FBI to place more agents in foreign countries, in exchange for downgrading the document. There is a dispute in the FBI interview notes over whether this was proposed by Mr. Kennedy or by Mr. McCauley, and both State and FBI deny an explicit tit for tat, as do Mr. Kennedy and Mr. McCauley. The FBI also did not downgrade the document. Yet even the FBI concedes it referred the “allegations” to “appropriate officials for review,” which makes the episode ripe for Congressional investigation.

Even without a quid quo pro, the episode shows that the State Department has been assisting the Clinton campaign. Especially notable is evidence that Mr. Kennedy knew the FBI had grounds for classifying the document. According to the McCauley interview notes, Mr. Kennedy called asking for the downgrade, explaining that the email “caused problems” for him.

Mr. Kennedy proposed that rather than mark the email classified, he’d give it a special exemption from Freedom of Information Act requests, which would allow him “to archive the document in the basement of [State] never to be seen again.” Mr. Kennedy seemed to agree that the email was too sensitive for public consumption but wanted to spare Mrs. Clinton the classified reality.

Mr. Kennedy waged a sustained campaign to get Mrs. Clinton off the classification hook. One unnamed official claims Mr. Kennedy followed up his telephone request with a private meeting in which he again asked if the FBI would “see their way to marking the email unclassified.” He also, according to the notes, went directly to Michael Steinbach, the assistant director of the FBI’s counterterrorism division, to press his case.