Now, President Trump, hit back! 5

The Left was able to make its “long march through the institutions” and finally achieve supreme power as the bureaucratic dictatorship of the European Union and the administration of Barack Obama in the United States, because the conservative Right let it.

The Left fights low and dirty. Conservative politicians, almost without exception, will not “descend to their level”. Conservatives and Republicans fight like gentlemen (and that includes the women except for Margaret the Great of England); which means to fight cleanly, respectfully, obeying the rules – of etiquette! The result was, the thugs on the Left won power.

Then Donald Trump barged on to the political stage.

Donald Trump wants to win, win he does, and win he shall.

But even now, one of his own chosen team, newly-appointed Attorney General Jeff Sessions, has let him down with etiquette! So of course President Trump is furious with Sessions for surrendering to the enemy, who is fighting lower and dirtier than ever.

Andrew McCarthy explains, writing at the National Review:

So, Attorney General Jeff Sessions has recused himself. Great! Just one question: From what? Yes, yes, Sessions is a good and decent man. He is a scrupulous lawyer who cares about his reputation. Thus, in stark contrast to Obama administration attorneys general, he strictly applied — I’d say he hyper-applied — the ethical standard that calls on a lawyer to recuse himself from a matter in which his participation as counsel would create the mere appearance of impropriety.

The standard is eminently sensible because the legitimacy of our judicial system depends not only on its actually being on the up and up but on its being perceived as such. If it looks like you’re conflicted, you step aside, period. Simple, right? Well . . . Much as I admire our AG’s virtue (and you know I do), let’s pause the preen parade for just a moment. There’s a tiny word in that just-described ethical standard that we need to take note of: matter. A lawyer doesn’t just recuse himself. He recuses himself from a legal matter — from participation in a case. When we are talking about the criminal law, that means recusal from a prospective prosecution. You need a crime for that. Prosecutors do not recuse themselves from fishing expeditions or partisan narratives. So . . . what is the crime?

We need to ask this question because, rest assured, this does not end with Jeff Sessions. No more than it ended with Mike Flynn. No more than it would end if the media-Democrat complex were to obtain the much coveted scalp of Steve Bannon, Kellyanne Conway, Seb Gorka, or one of the other Beltway gate-crashers we’ve come to know over the last six improbable months. The objective is President Trump: preferably, his impeachment and removal; but second prize, his mortal political wounding by a thousand cuts just in time for 2018 and 2020, would surely do. …

Impeachment cases do not just spontaneously appear. They have to be built over time, and with vigor, because most Americans — even those who oppose a president politically — do not want the wrenching divisiveness and national instability that impeachment unavoidably entails. The reluctant public must be convinced that there is urgency, that the [targeted] president’s demonstrated unfitness has created a crisis that must be dealt with. …

In the matter of Barack Obama, the GOP had an actual case based on systematic executive overreach and the empowering of America’s enemies, the kind of threat to the constitutional framework that induced Madison to regard the impeachment remedy as “indispensable”. Yet agitating for upheaval is against the Republican character (a generally good trait, though paralyzing in an actual crisis). …

Republicans had no stomach for mentioning impeachment, much less building a case. Democrats, by contrast, have an iron-cast stomach and an unseemly zeal for upheaval. They’re ready to build. All they lack is a case. No problem: They have made one up, and they are confident not only that they will build it into a national crisis of confidence in the presidency but that the Republicans will help them.

And lo and behold, Republicans are helping them. Unwittingly perhaps, but helping all the same.

Let’s try to keep our eye on the ball here. The “Russia hacked the election” narrative is laughably false. Russian intelligence, at most, hacked e-mail accounts of prominent Democrats during the campaign. That is not hacking the election, which would require manipulating the voting process. And it almost certainly had zero impact on the outcome of the election. Remember, these are the same Democrats who spent nearly two years telling you that Hillary Clinton’s own scandalous e-mails made no difference — she was going to glide to victory. Do they really expect you to believe she lost because of John Podesta’s comparatively benign e-mails? (Thought experiment: Outside us political wonks, what percentage of the American electorate actually knows who the hell John Podesta is?)

Let’s look hard at the farcical “Russia hacked the election” narrative and ask: Have any crimes been committed, and by whom? Yes, we know that crimes of hacking were committed. Again, this was not hacking of the election; it was hacking of Democrats, during the campaign, months before the election. Not only do we know there were hacking crimes; government investigators tell us they know exactly who did it: Russian intelligence services. That was what the FBI pronounced in the largely content-free report it released jointly with the CIA and NSA. Thus, the only apparent crimes have already been solved.

Not so fast,” you’re thinking, “what about collusion between the Trump campaign and the Russians?” And why wouldn’t you ask that? After all, the media and Democrats have been hammering “Russia hacked the election” non-stop for three months; Mike Flynn has been ousted from his perch as national security adviser after meeting with a Russian ambassador; and now we have Jeff Sessions, after meeting with the very same Russian ambassador, recusing himself from . . . er . . . well . . . um . . . something, I guess. But what something? Is there any fire under all that smoke?

Start with this: There is no evidence — none, not a speck, not even a little one — that Donald Trump or anyone associated with him had anything whatsoever to do with the hacking of Democratic accounts. Remember, that’s the only crime here. And the Trump campaign had utterly nothing to do with it. We know this for two reasons.

First, in its ballyhooed report, the FBI told us not only that the Russians are the culprits but also that the Democrats were not the only targets. Putin’s regime, we are told, targeted both major parties. This was a Russian-government effort to compromise the American government, no matter which candidate ended up running it. It should come as no surprise, then, that the FBI made no allegation that Trump and his associates were complicit.

Second, it’s not like the FBI and the Obama Justice Department didn’t try to make a case against Trump. In fact, they scorched the earth. Besides the illegal leaks of classified information that have fueled the “Russia hacked the election” scam, this is the most outrageous and studiously unmentioned scandal of the election. While the commentariat was rending its garments over the mere prospect that Trump might have his political adversary, Hillary Clinton, investigated if he won the election, Obama was actually having Trump investigated.

To rehearse briefly, in the weeks prior to June 2016, the FBI did a preliminary investigation, apparently based on concerns about a server at Trump Tower that allegedly had some connection to Russian financial institutions. Even if there were such a connection, it is not a crime to do business with Russian banks — lots of Americans do. It should come as no surprise, then, that the FBI found no impropriety and did not proceed with a criminal investigation.

What is surprising, though, is that the case was not closed down. Instead, the Obama Justice Department decided to pursue the matter as a national-security investigation under the Foreign Intelligence Surveillance Act (FISA).

In June, it sought the FISA court’s permission to conduct surveillance on a number of Trump associates — and perhaps even Trump himself. It has been reported that Trump was “named” in the application, but it is not publicly known whether he (a) was named as a proposed wiretap target, or (b) was just mentioned in passing in the application. Understand the significance of this: Only the Justice Department litigates before the FISA court; this was not some rogue investigators; this was a high level of Obama’s Justice Department — the same institution that, at that very moment, was whitewashing the Clinton e-mail scandal. And when Justice seeks FISA surveillance authority, it is essentially telling that court that there is probable cause to believe that the targets have acted as agents of a foreign power — that’s the only basis for getting a FISA warrant. In this instance, the FISA court apparently found the Obama Justice Department’s presentation to be so weak that it refused to authorize the surveillance. That is telling, because the FISA court is generally very accommodating of government surveillance requests.

Unwilling to take no for an answer, the Obama Justice Department came back to the FISA court in October — i.e., in the stretch run of the presidential campaign. According to various reports (and mind you, FISA applications are classified, so the leaks are illegal), the October application was much narrower than the earlier one and did not mention Donald Trump. The FISA Court granted this application, and for all we know the investigation is continuing. There are two significant takeaways from this.

First, a FISA national-security investigation is not a criminal investigation. It is not a probe to uncover criminal activity; it is a classified effort to discover what a potentially hostile foreign government may be up to on American soil. It does not get an assigned prosecutor because the purpose is not to prove anything publicly in court — indeed, it is a major no-no for the Justice Department to use its FISA authority pretextually, for the real purpose of trying to build a criminal investigation.

Second, remember when the New York Times gleefully reported in mid January that three Trump associates — Paul Manafort (who was ousted as campaign manager in August), Manafort’s associate Roger Stone, and Trump’s investor friend Carter Page — were being investigated over alleged ties to Russia? Well, deep into the report, after all the heavy breathing about potential Trump–Russia ties, the Times report conceded that this investigation may very well have nothing to do with Trump, the presidential campaign, or Russian hacking. …

Bottom line: The Obama Justice Department and the FBI spent at least eight months searching for Trump–Russia ties. They found nothing criminal, and clearly nothing connecting Trump to Russian hacking. …

Where’s the crime?

And what else is propping up the “Russia hacked the election” narrative? First there is General Flynn. He had a conversation with Russian ambassador Sergey Kislyak, during which Kislyak raised the subject of sanctions imposed earlier that day by Obama. But there was nothing illegal or improper about this conversation: Flynn was part of the Trump transition and about to become national security adviser, so he was supposed to be reaching out to foreign governments. And, as the New York Times acknowledged, though the FBI has a recording of the conversation (because the Russian ambassador was under surveillance), and though the Bureau, the Obama Justice Department, and what the Times gingerly called Obama’s “advisers” carefully combed over every word of it, Flynn made no commitments to address the Russian concerns — the Times: “Obama officials asked the FBI if a quid pro quo had been discussed on the call, and the answer came back no.” That is the main point. Flynn was not fired for speaking with the Russian ambassador. He was fired for failing to provide a competent summary of their conversation to senior Trump officials. Again: no crime, nothing to do with hacking, and nothing to do with the election.

And now, finally, we have Jeff Sessions. He, too, met with the Russian ambassador. But so, it appears, has most of Washington — including Democratic Washington and, in particular, the Obama White House, which Ambassador Sergey Kislyak evidently visited at least 22 times. Ironically, the overblown controversy surrounding Sessions this week was caused primarily by his haste to deny, forcefully, that he had any participation, as a Trump campaign surrogate, in communications with the Russian government regarding the 2016 election. This was the upshot of his response to a loaded question from Democratic senator Al Franken, who was relying on salacious allegations in a goofy and discredited dossier compiled for Trump opponents. Several media outlets had had access to the dossier for months but had not published it, despite their loathing of Trump, because its outlandish claims could not be substantiated.

In any event, Sessions, like Flynn, made the error of mis-describing his contacts with the Russian ambassador. That is unfortunate, but there was nothing remotely criminal or inappropriate about the contacts themselves.

To summarize, there is no crime here except the ones committed by Russian intelligence. There is no evidence that Trump or his associates had any complicity in those hacking crimes.

When all of the smoke is cleared away, the Democrats’ beef is that Trump may have benefited from Russia’s crimes. In reality, it is highly unlikely that the Russian hacking of Democratic e-mails had any effect on the outcome of the election. Even if we indulge the fantasy that it did, however, here’s the sad news the media won’t tell you: It is not a crime to benefit from other people’s crimes. No one should know this better than Democrats. They could not have been more thrilled when, during the late stages of the campaign, someone — perhaps not the Russians — illegally leaked some of Trump’s tax-return information. Had Mrs. Clinton won, no one would have said Trump was denied because of Clinton-campaign ties to tax outlaws. Nor would Trump have been heard to complain about Clinton-campaign ties to NBC, which leaked the infamous Trump–Billy Bush tape. Washington would have yawned, and then snickered that Republicans lost because they nominated a lousy candidate. Instead, Democrats lost because they nominated a lousy candidate. To end where we started, what is the crime? What is the crime Sessions must be recused from investigating?

What is the crime that a special counsel must be appointed to probe? There isn’t one. There’s nothing. But as the Democrats are showing, when your opposition is running scared, you can go a long way on nothing.

But President Trump is not “running scared”.

Remember this part of Andrew McCarthy’s article?:

The Obama Justice Department decided to pursue the matter as a national-security investigation under the Foreign Intelligence Surveillance Act (FISA). In June, it sought the FISA court’s permission to conduct surveillance on a number of Trump associates — and perhaps even Trump himself. … Understand the significance of this: Only the Justice Department litigates before the FISA court; this was not some rogue investigators; this was a high level of Obama’s Justice Department  … When Justice seeks FISA surveillance authority, it is essentially telling that court that there is probable cause to believe that the targets have acted as agents of a foreign power — that’s the only basis for getting a FISA warrant. In this instance, the FISA court apparently found the Obama Justice Department’s presentation to be so weak that it refused to authorize the surveillance. … Unwilling to take no for an answer, the Obama Justice Department came back to the FISA court in October — i.e., in the stretch run of the presidential campaign. According to various reports (and mind you, FISA applications are classified, so the leaks are illegal), the October application was much narrower than the earlier one and did not mention Donald Trump. The FISA Court granted this application.

It gives President Trump mighty cause for complaint. And complaining he is. 

Fox News reports:

President Trump tweeted:

How low has President Obama gone to tap my phones during the very sacred election process. This is Nixon/Watergage. Bad (or sick) guy!

The White House has called for the US Congress to investigate President Donald Trump’s claim Barack Obama ordered Trump Tower to be “wiretapped” during the US election.

Former President Obama on Saturday denied President Trump’s accusation that Obama had Trump Tower phones tapped in the weeks before the November 2016 election.

No surprise there. Of course Obama denies it. But this time, at last, he may be caught out in a lie that even his toady media will not be able to cover up.

“Neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen. Any suggestion otherwise is simply false,” said Kevin Lewis, a spokesman for the former president … A cardinal rule of the Obama administration was that no White House official ever interfered with any independent investigation led by the Department of Justice.”

Oh, a “cardinal rule”! Really? And what is any sort of rule to the Left? A thing to be broken.

And the wire-tapping is a scandal that is not merely to be complained about.

These quotations come from various articles at PowerLine:

This is the most explosive political allegation in many years, far more explosive than Watergate.

If the Obama administration abused the FISA process to wiretap a political opponent, it is a scandal of the first order – the worst political scandal of my lifetime, easily. And the press has known about it and covered it up? Unbelievable.

All too believable, we would say – though we agree it is a scandal of the first order.

There is no doubt that Obama’s Justice Department – the most corrupt and politicized Department of Justice in modern American history – obtained a FISA warrant to conduct surveillance on Trump associates, and possibly Trump himself, in the heat of the presidential campaign.

It is too late to impeach Obama, but the FISA application should be carefully reviewed, and if appropriate, the judges who issued the warrant should be investigated. If it was issued on partisan grounds, it is not too late to impeach the judges who authorized the improper wiretap.

This scandal cries out for aggressive investigation. Let’s see the initial FISA application, and the court order denying it. Then let’s see the second application, and the order that approved it. Let’s put the Obama administration officials who signed the applications under oath, and find out who put them up to it. Let’s find out what judges denied the first application, and what judges granted the second one. Let’s get the details on the Obama administration’s spying. Did they tap the Trump campaign’s telephones? If so, which lines? Did they hack into the Trump campaign’s servers? If so, which ones?

Obviously, as President Trump said, the Obama administration learned nothing of significance from its spying on the Trump campaign. But it now appears that the election of 2016 may have been hacked after all, in a far more meaningful way than an intrusion into [DNC chair] Debbie Wasserman Schultz’s email account. It may have been hacked by the Obama administration. We need to find out what happened. Congress should give top priority to this investigation.

TRUMP NEEDS TO APPOINT A SPECIAL PROSECUTOR TO INVESTIGATE. THIS IS A VERY SERIOUS CHARGE. [Capitals in the original]

The opportunity has come for Donald Trump to hit back at the slime-besmirched Obama gang.

Let him hit hard!