In his scathing indictment of the ACLU (discussed here) for giving the Justice Department a partisan pass despite the dubious legality of its raid on Trump personal lawyer Michael Cohen, Alan Dershowitz wrote,
“David Cole, who identifies himself as the ACLU Legal Director, said the organization relies on the good faith of the Justice Department, the FBI, and the judge who issued the warrant to assure all Americans that this raid on a lawyer’s office, is “a sign that the rule of law is alive.”
Here are the recent performances of key figures among that group that is getting the ACLU’s trust:
- Book-peddling, Trump-stalking James Comey says in his forthcoming book that he found evidence that “would undoubtedly have been used by political opponents to cast serious doubt on the attorney general’s independence in connection with the Clinton investigation,” and also faulted Attorney General Lynch’s decision to refer to the Clinton email investigation as a “matter.”
Loretta Lynch responded to the accusation and criticism with her own statement that concluded,
“…I have known James Comey almost 30 years. Throughout his time as Director we spoke regularly about some of the most sensitive issues in law enforcement and national security. If he had any concerns regarding the email investigation, classified or not, he had ample opportunities to raise them with me both privately and in meetings. He never did.”
- Fired acting FBI Director Andrew McCabe is out of a job because the independent Justice Department Inspector General found that he had lied on multiple occasions, his report concluding in one of the instances, regarding leaks to the news media about the Clinton Foundation…
“While the only direct evidence regarding this McCabe-Comey conversation were the recollections of the two participants, there is considerable circumstantial evidence and we concluded that the overwhelming weight of that evidence supported Comey’s version of the conversation.”
In response, McCabe directed his counsel to write Congress that
“It is undisputed that Mr. McCabe was one of three senior FBI officials authorized to share information with the media, including on sensitive investigative matters . . . He chose to exercise that authority in October 2016, during one of the most turbulent periods in the history of the bureau, with the knowledge of Director Comey and other senior members of FBI management . . .Mr. McCabe’s recollection of discussions he had with Director Comey about this issue is extremely clear; Director Comey’s recollection is, by his own acknowledgment, not at all clear. And yet two of the lack of candor allegations are based on Director Comey’s admittedly vague and uncertain recollection of those discussions.”
- After McCabe was fired but before Justice Department IG Michael Horowitz released his damning report laying out why he was fired, McCabe had the gall to set up a GoFundMe page to allow anti-Trump zealots to translate their hatred into McCabe’s cash on the deceptive theory that the firing had cost him his pension. (It hadn’t.) The crowd-funding scheme brought in more than a half million dollars.
McCabe then closed the site before the release of the report.
After giving money to McCabe’s pity fund, cash that could be used to save the whales (though it is true that whales don’t hate President Trump, at least I don’t think they do) the gullible donors then discovered that McCabe had not been fired by mean old Jeff Sessions as political pay-back for hounding the President, but because he misled investigators on four occasions. McCabe lied, the IG made clear, to protect himself and nobody else. Horowitz wrote,
“[W]e concluded that McCabe’s decision to confirm the existence of the [Clinton Foundation] investigation through an anonymously sourced quote, recounting the content of a phone call with a senior department official in a manner designed to advance his personal interests at the expense of department leadership, was clearly not within the public interest exception.”
So let’s review, shall we? Lynch says Comey lied. McCabe says Comey lied. Comey says that Lynch abused her authority. Comey and the IG says that McCabe lied.
Meanwhile, McCabe used crowd-funding to enrich himself under false pretenses.
And Jonathan Turley points out that Michael Flynn is being indicted for violating a law McCabe apparently violated himself, but worse:
[McCabe] showed no contrition and allegedly falsely implicated his superior in the improper leaking of information to the media….Flynn was indicted for criminal false statements on less. He now faces a prison stint after pleading guilty to a single false statement about a meeting with Russian diplomats during the Trump presidential transition period. While Flynn did not deny the meeting, which was entirely legal, he denied discussing sanctions with the Russians. Mueller charged him with lying or misleading federal investigators under 18 U.S.C. 1001. He did so even though investigators working under former FBI Director James Comey reportedly had concluded that Flynn did not intend to lie and should not be charged criminally for the omission.
McCabe has used the Flynn defense that he was “confused and distracted” but unlike Flynn it appears (thus far) to have worked.
Prof. Turley wonders why McCabe hasn’t been criminally charged. Don’t worry, professor! The ACLU assures us that the FBI and the Justice Department operates in good faith, and that “the rule of law is alive.”