Andrew C. McCarthy on Russiagate, Clinton-Trump Investigation Double Standards, Mueller’s Mandate, DOJ-FBI-CIA Politicization (Part II)

My Guest

Andrew C. McCarthy (@AndrewCMcCarthy) is senior fellow at the National Review Institute, contributing editor of National Review and author most recently of essential books on the threat of Islamic supremacism including Willful Blindness: A Memoir of the JihadThe Grand Jihad: How Islam and the Left Sabotage America and Spring Fever: The Illusion of Islamic Democracy.

In Part II of my in-depth interview with Andy, we discussed Russiagate, the pervasive unethical and at times lawless behavior of law enforcement and the intelligence community with respect to Donald Trump and Russia versus Hillary Clinton and her e-mail server, the apparently limitless mandate of Robert Mueller’s special counsel, obstruction of justice and much more.

If you missed Part I of my conversation with Andy on his experience prosecuting the jihadist mastermind of the first World Trade Center attack and what it taught him about the Islamic supremacist threat America faces, the primacy of religion and why Islamic supremacists choose jihadist savagery over assimilation, willful blindness in American national security and foreign policy, folly in American foreign affairs from Syria to Libya, and the imperative to collapse the Khomeinist Iranian regime, be sure to catch up here.

What We Discussed

  • Russia’s historical attempts to “interfere” with U.S. elections, and its imperceptible impact on the 2016 U.S. presidential vote
  • McCarthy’s dissection of the double standard in the DOJ/FBI’s handling of its investigation of Hillary Clinton versus that of Donald Trump, and the unwillingness to bring Clinton to justice over Clinton Foundation impropriety if not worse and destruction of State Department emails
  • Former FBI Director James Comey’s monumental error in testimony on the counter-intelligence investigation implicating the Trump campaign that ultimately served as the basis for Robert Mueller’s special counsel
  • Mueller’s limitless special counsel mandate and brazen tactics against Paul Manafort
  • Politicization of law enforcement and the intelligence apparatus, and its detrimental long-term impact on American national security
  • How to root out corruption in the FBI, CIA and DOJ, and the suspicious if not lawless acts of Obama DNI Chief James Clapper and CIA Director John Brennan
  • The disingenuous nature of the Intelligence Community Assessment on Russian meddling in the 2016 election
  • The double standard in the treatment of Paul Manafort versus Hillary Clinton and her email server
  • McCarthy’s obliteration of the obstruction of justice theory
  • President Obama’s involvement in Russiagate

Full Transcript (go there for the audio also)

Also see McCarthy’s article at NRO yesterday: 

From 9/11 to Spygate: The National Security Deep State

Front Page Magazine, by Daniel Greenfield, June 14, 2018:

On September 4, 2001, Robert Mueller took over the FBI. At his confirmation hearings, fraud had overshadowed discussions of terrorism. And as FBI Director, Mueller quickly diverged from the common understanding that the attacks that killed 3,000 people had been an act of war rather than a crime.

In 2008, Abdullah Saleh al-Ajmi, who had been unleashed from Guantanamo Bay, carried out a suicide bombing in Iraq. Al-Ajmi had been represented by Thomas Wilner who was being paid by the Kuwaiti government.

Wilner was a pal of Robert Mueller. And when the families were having dinner together, Mueller got up and said, “I want to toast Tom Wilner. He’s doing just what an American lawyer should do.”

“I don’t know what he was doing from inside the government. I’d like to find out,” Wilner mused.

We know some of what Mueller was doing. The same official who paved the way for raiding the president’s lawyer, who illegally seized material from the Trump transition team and whose case is based in no small part on illegal eavesdropping, fought alongside Comey against surveilling terrorists. Materials involving the Muslim Brotherhood were purged. Toward the dawn of the second Obama term, Mueller met with CAIR and other Islamist groups and a green curtain fell over national security.

But the surveillance wasn’t going anywhere. Instead it was being redirected to new targets.

Those targets were not, despite the wave of hysterical conspiracy theories convulsing the media, the Russians. Mueller’s boss was still quite fond of them. Barack Obama did have foreign enemies that he wanted to spy on. And there were plenty of domestic enemies who could be caught up in that trap.

By his second term, the amateur was coming to understand the incredible surveillance powers at his disposal and how they could be used to spy on Americans under the pretext of fighting foreign threats.

Two birds. One stone.

While the Mueller purge was going on, Obama was pushing talks with Iran. There was one obstacle and it wasn’t Russia. The Russians were eager to play Obama with a fake nuke deal. It was the Israelis who were the problem. And it was the Israelis who were being spied on by Obama’s surveillance regime.

But it wasn’t just the Israelis.

Iran was Obama’s big shot at a foreign policy legacy. As the year dragged on, it was becoming clear that the Arab Spring wouldn’t be anything he would want to be remembered for. By the time Benghazi went from a humanitarian rescue operation to one of the worst disasters of the term, it was clearly over.

Obama was worried that the Israelis would launch a strike against Iran’s nuclear program. And the surveillance and media leaks were meant to dissuade the Israelis from scuttling his legacy. But he was also worried about Netanyahu’s ability to persuade American Jews and members of Congress to oppose his nuclear sellout. And that was where the surveillance leapfrogged from foreign to domestic.

The NSA intercepted communications between Israelis and Americans, including members of Congress, and then passed the material along to the White House. Despite worries by some officials that “that the executive branch would be accused of spying on Congress”, the White House “believed the intercepted information could be valuable to counter Mr. Netanyahu’s campaign.”

The precedent was even more troubling than it seemed.

Obama Inc. had defined its position in an unresolved political debate between the White House and Congress as the national interest. And had winkingly authorized surveillance on Congress to protect this policy in a domestic political debate. That precedent would then be used to spy on members of the Trump transition team and to force out Trump’s national security adviser.

National security had become indistinguishable from the agenda of the administration. And that agenda, like the rest of Obama’s unilateral policies, was enshrined as permanent. Instead of President Trump gaining the same powers, his opposition to that agenda was treated as a national security threat.

And once Obama was out of office, Comey and other Obama appointees would protect that agenda.

We still don’t know the full scope of Spygate. But media reports have suggested that Obama officials targeted countries opposed to the Iran sellout, most prominently Israel and the UAE, and then eavesdropped on meetings between them and between figures on the Trump team.

Obama had begun his initial spying as a way of gaining inside information on Netanyahu’s campaign against the Iran deal. But the close election and its aftermath significantly escalated what had been a mere Watergate into an active effort to not only spy, but pursue criminal charges against the political opposition. The surveillance state had inevitably moved on to the next stage, the police state with its informants, dossiers, pre-dawn raids, state’s witnesses, entrapments and still more surveillance.

And the police state requires cops. Someone had to do the dirty work for Susan Rice.

Comey, Mueller and the other cops had likely been complicit in the administration’s abuses. Somewhere along the way, they had become the guys watching over the Watergate burglars. Spying on the political opposition is, short of spying for the enemy, the most serious crime that such men can commit.

Why then was it committed?

To understand that, we have to go back to 9/11. Those days may seem distant now, but the attacks offered a crossroads. One road led to a war against our enemies. The other to minimizing the conflict.

President George W. Bush tried to fight that war, but he was undermined by men like Mueller and Comey. Their view of the war was the same as that of their future boss, not their current one, certainly not the view as the man currently sitting in the White House whom they have tried to destroy.

Every lie has some truth in it. Comey’s book, A Higher Loyalty, his frequent claims of allegiance to American ideals, are true, as he sees it, if not as he tells it. Men like Comey and Mueller believed that the real threat came not from Islamic terrorists, but from our overreaction to them. They believed that Bush was a threat. And Trump was the worst threat imaginable who had to be stopped by any means.

What Comey and Mueller are loyal to is the established way of doing things. And they conflate that with our national ideals, as establishment thugs usually do. Neither of them are unique. Washington D.C. is filled with men and women who are registered Republicans, who believe in lowering taxes, who frown at the extremities of identity politics, but whose true faith is in the natural order of government.

Mueller and Comey represent a class. And Obama and Clinton were easily able to corrupt and seduce that class into abandoning its duties and oaths, into serving as its deep state against domestic foes.

Quis custodiet ipsos custodies? It’s the old question of who watches the watchmen that no society has found a good answer to. And the answer is inevitably that the watchers, watch themselves and everyone else. What began as national security measures against Islamic terrorism was twisted by Obama and his deep state allies into the surveillance of the very people fighting Islamic terrorism.

Spygate was the warped afterbirth of our failure to meaningfully confront Islamic terrorism. Instead, the political allies of the terrorists and the failed watchmen who allowed them to strike so many times, got together to shoot the messengers warning about the terror threat. The problem had never been the lack of power, but the lack of will and the lack of integrity in an establishment unwilling to do its job.

After 9/11, extraordinary national security powers were brought into being to fight Islamic terror. Instead those powers were used to suppress those who told the truth about Islamic terrorism.

***

Why Obama Really Spied on Trump

Obama had to spy on Trump to protect himself.

Front Page Magazine, by Daniel Greenfield, Sept. 20, 2017:

Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is an investigative journalist and writer focusing on the radical left and Islamic terrorism.

Last week, CNN revealed (and excused) one phase of the Obama spying operation on Trump. After lying about it on MSNBC, Susan Rice admitted unmasking the identities of Trump officials to Congress.

Rice was unmasking the names of Trump officials a month before leaving office. The targets may have included her own successor, General Flynn, who was forced out of office using leaked surveillance.

While Rice’s targets weren’t named, the CNN story listed a meeting with Flynn, Bannon and Kushner.

Bannon was Trump’s former campaign chief executive and a senior adviser. Kushner is a senior adviser. Those are exactly the people you spy on to get an insight into what your political opponents plan to do.

Now the latest CNN spin piece informs us that secret FISA orders were used to spy on the conversations of Trump’s former campaign chairman, Paul Manafort.  The surveillance was discontinued for lack of evidence and then renewed under a new warrant. This is part of a pattern of FISA abuses by Obama Inc. which never allowed minor matters like lack of evidence to dissuade them from new FISA requests.

Desperate Obama cronies had figured out that they could bypass many of the limitations on the conventional investigations of their political opponents by ‘laundering’ them through national security.

If any of Trump’s people were talking to non-Americans, the Foreign Intelligence Surveillance Act (FISA) could be used to spy on them. And then the redacted names of the Americans could be unmasked by Susan Rice, Samantha Power and other Obama allies. It was a technically legal Watergate.

If both CNN stories hold up, then Obama Inc. had spied on two Trump campaign leaders.

Furthermore the Obama espionage operation closely tracked Trump’s political progress. The first FISA request targeting Trump happened the month after he received the GOP nomination.  The second one came through in October: the traditional month of political surprises meant to upend an election.

The spying ramped up after Trump’s win when the results could no longer be used to engineer a Hillary victory, but would instead have to be used to cripple and bring down President Trump. Headed out the door, Rice was still unmasking the names of Trump’s people while Obama was making it easier to pass around raw eavesdropped data to other agencies.

Obama had switched from spying on a political opponent to win an election, to spying on his successor to undo the results of the election. Abuse of power by a sitting government had become subversion of the government by an outgoing administration. Domestic spying on opponents had become a coup.

The Democrat scandals of the past few administrations have hinged on gross violations of political norms, elementary ethics and the rule of law that, out of context, were not technically illegal.

But it’s the pattern that makes the crime. It’s the context that shows the motive.

Obama Inc. compartmentalized its espionage operation in individual acts of surveillance and unmasking, and general policies implemented to aid both, that may have been individually legal, in the purely technical sense, in order to commit the major crime of eavesdropping on the political opposition.

When the individual acts of surveillance are described as legal, that’s irrelevant. It’s the collective pattern of surveillance of the political opposition that exposes the criminal motive for them.

If Obama spied on two of Trump’s campaign leaders, that’s not a coincidence. It’s a pattern.

A criminal motive can be spotted by a consistent pattern of actions disguised by different pretexts. A dirty cop may lose two pieces of evidence from the same defendant while giving two different excuses. A shady accountant may explain two otherwise identical losses in two different ways. Both excuses are technically plausible. But it’s the pattern that makes the crime.

Manafort was spied on under the Russia pretext. Bannon may have been spied on over the UAE. That’s two different countries, two different people and two different pretexts.

But one single target. President Trump.

It’s the pattern that exposes the motive.

When we learn the whole truth (if we ever do), we will likely discover that Obama Inc. assembled a motley collection of different technically legal pretexts to spy on Trump’s team.

Each individual pretext might be technically defensible. But together they add up to the crime of the century.

Obama’s gamble was that the illegal surveillance would justify itself. If you spy on a bunch of people long enough, especially people in politics and business, some sort of illegality, actual or technical, is bound to turn up. That’s the same gamble anyone engaged in illegal surveillance makes.

Businessmen illegally tape conversations with former partners hoping that they’ll say something damning enough to justify the risk. That was what Obama and his allies were doing with Trump.

It’s a crime. And you can’t justify committing a crime by discovering a crime.

If everyone were being spied on all the time, many crimes could be exposed every second. But that’s not how our system works. That’s why we have a Fourth Amendment.

Nor was Obama Inc. trying to expose crimes for their own sake, but to bring down the opposition.

That’s why it doesn’t matter what results the Obama surveillance turned up. The surveillance was a crime. Anything turned up by it is the fruit of a poisonous tree. It’s inherently illegitimate.

The first and foremost agenda must be to assemble a list of Trump officials who were spied on and the pretexts under which they were spied upon. The pattern will show the crime. And that’s what Obama and his allies are terrified of. It’s why Flynn was forced out using illegal surveillance and leaks. It’s why McMaster is protecting Susan Rice and the Obama holdovers while purging Trump loyalists at the NSC.

The left’s gamble was that the Mueller investigation or some other illegitimate spawn of the Obama eavesdropping would produce an indictment and then the procedural questions wouldn’t matter.

It’s the dirty cop using illegal eavesdropping to generate leads for a “clean” case against his target while betting that no one will look too closely or care how the case was generated. If one of the Mueller targets is intimidated into making a deal, the question of how the case was generated won’t matter.

Mueller will have a cooperative witness. And the Democrats can begin their coup in earnest. It will eventually turn out that there is no “there” there. But by then, it’ll be time for President Booker.

There’s just one problem.

If the gamble fails, if no criminal case that amounts to anything more than the usual investigational gimmick charges like perjury (the Federal equivalent of ‘resisting arrest’ for a beat cop) develops, then Obama and his allies are on the hook for the domestic surveillance of their political opponents.

With nothing to show for it and no way to distract from it.

That’s the race against the clock that is happening right now. Either the investigation gets results. Or its perpetrators are left hanging in the wind. If McMaster is fired, which on purely statistical grounds he probably will be, and a Trump loyalist who wasn’t targeted by the surveillance operation becomes the next National Security Adviser and brings in Trump loyalists, as Flynn tried to do, then it’s over.

And the Dems finally get their Watergate. Except the star won’t be Trump, it will be Obama. Rice, Power, Lynch and the rest of the gang will be the new Haldeman, Ehrlichman and Mitchell.

Once Obama and his allies launched their domestic surveillance operation, they crossed the Rubicon. And there was no way back. They had to destroy President Trump or risk going to jail.

The more crimes they committed by spying on the opposition, the more urgently they needed to bring down Trump. The consequences of each crime that they had committed spurred them on to commit worse crimes to save themselves from going to jail. It’s the same old story when it comes to criminals.

Each act of illegal surveillance became more blatant. And when illegal surveillance couldn’t stop Trump’s victory, they had to double down on the illegal surveillance for a coup.

The more Obama spied on Trump, the more he had to keep doing it. This time it was bound to pay off.

Obama and his allies had violated the norms so often for their policy goals that they couldn’t afford to be replaced by anyone but one of their own. The more Obama relied on the imperial presidency of executive orders, the less he could afford to be replaced by anyone who would undo them.  The more his staffers lied and broke the law on everything from the government shutdown to the Iran nuke sellout, the more desperately they needed to pull out all the stops to keep Trump out of office. And the more they did it, the more they couldn’t afford not to do it. Abuse of power locks you into the loop familiar to all dictators. You can’t stop riding the tiger. Once you start, you can’t afford to stop.

If you want to understand why Samantha Power was unmasking names, that’s why. The hysterical obsession with destroying Trump comes from the top down. It’s not just ideology. It’s wealthy and powerful men and women who ran the country and are terrified that their crimes will be exposed.

It’s why the media increasingly sounds like the propaganda organs of a Communist country. Why there are street riots and why the internet is being censored by Google and Facebook’s “fact checking” allies.

It’s not just ideology. It’s raw fear.

The left is sitting on the biggest crime committed by a sitting president. The only way to cover it up is to destroy his Republican successor.

A turning point in history is here.

If Obama goes down, the left will go down with him. If his coup succeeds, then America ends.

***

DID SUSAN RICE SPY ON TRUMP OFFICIALS FOR MUSLIM BROTHERHOOD?

Also see: