The Democrats’ “Insurance Policy”

No, this isn’t the real Steele Dossier. But then, there’s not much real about the Steele Dossier…

I wonder how many Ethics Alarms readers know about this, thanks to the responsible reporting on the news media?

Jonathan Turley, who is only called a conservative because he refuses to bow to the extreme Left like most of his law prof colleagues, provided an interesting a crucial update to the Steele Dossier scandal. You should read the whole thing, but he reveals,

  • British spy Christopher Steele was recently called for a deposition in London in a defamation action filed by three Russian bankers for allegedly false claims in the dossier. He siad that the Clinton campaign paid him and research firm Fusion GPS to compile his controversial dossier on Donald Trump as “insurance” against his being elected.
  • Though the Clinton campaign denied any involvement in the creation of the dossier that was later used to secure a secret surveillance warrant against Trump associates during the Obama administration,   the  campaign hid the payments to Fusion as a “legal fees” among the $5.6 million paid to the U.S. law firm of Perkins Coie. Times reporter  Maggie Haberman  wrote: “Folks involved in funding this lied about it, and with sanctimony, for a year.”
  • When Clinton campaign chairman John Podesta was questioned by Congress on the matter, he denied any contractual agreement with Fusion GPS. Sitting beside him was Elias, who helped devise contract. Later, confronted with the evidence, Clinton and her campaign finally admitted that the dossier was a campaign-funded document that was pushed by Steele and others to the media. Continue reading

Morning Ethics Warm-Up, 12/18/2018: One Week To Christmas Edition (Including Nothing About Christmas, Almost)

Good Morning.

A beautiful, naked Frasier Fir is standing in my living room like an unpaid debt.

1. Speaking of Christmas...The first installment on the Ethics Alarms ethics guide to “Miracle on 34th Street” went up late yesterday, and was immediately blocked on Facebook for violating community standards. Nice. It appears my Facebook “friends” took revenge for my chiding their juvenile and unending “Orange Man Bad” posts.

2. Speaking of being ticked offProfessor Turley:

In a surprising admission, the author if the controversial dossier used to secure the secret surveillance on Trump officials admitted that it was paid for by Clinton campaign as a type of insurance to challenge the election.  At the same time, the reporter who helped break the story, Michael Isikoff now says that many of the specific allegations remain unproven and are likely false. 

The Washington Times reported that Steele stated in a declaration in a defamation case that the law firm Perkins Coie wanted to be able to challenge the results of the election based on the dossier.  In an answer to interrogatories, Mr. Steele wrote: “Fusion’s immediate client was law firm Perkins Coie. It engaged Fusion to obtain information necessary for Perkins Coie LLP to provide legal advice on the potential impact of Russian involvement on the legal validity of the outcome of the 2016 US Presidential election. Based on that advice, parties such as the Democratic National Committee and HFACC Inc. (also known as ‘Hillary for America’) could consider steps they would be legally entitled to take to challenge the validity of the outcome of that election.”

In his typical fashion when he is in mealy-mouth mood, Turley says this is “concerning,” since this document was used to get judicial leave to spy on the Trump campaign. The news is only surprising if you had your fingers in your ears and were shouting “Nanananana” for the past year. This issue, you will recall, is what led a previously well-regarded commenter from the Left here to noisily withdraw as a participant because I was, he said, obviously in the throes of irrational Right Wing conspiracy mania because I posted this.

Certain exiles, if they have any integrity at all, owe me a large, effusive, groveling apology—and I still might not accept it.

Concludes the Professor: “The Steele admission only magnifies the concerns over the purpose and the use of this dossier, but has received little media attention.”

Gee, I wonder why THAT is!

3. “And now for something completely stupid” Department. I guess former “Fresh Prince of Bel Air” star Alfonso Ribeiro’s  career isn’t going so well. He is suing the makers of the video game Fortnite for allegedly stealing his “Carlton dance.” You know, this…

It was a big deal at the time because Ribeiro’s character was a geek, and ignorant viewers didn’t know that the actor was professional dancer who had starred in “The Tap-Dance Kid” on Broadway as a child. The fact that a video character does similar moves…

…is no basis for a lawsuit. Choreography copyrighting is a murky intellectual property area, and suing because of an animated figure’s moves is pathetic, as well as an abuse of the civil justice system. The has-been star is angling for a nuisance suit settlement. He should try “GoFundMe” instead. Continue reading

Sunday Evening Ethics Debriefing, 7/22/18: FISA, “Resistance” Jerks, Translator Ethics And More Problems With CVS

Good evening!

1.  Confirmation bias test? The big news today was that the  U.S. Department of Justice and FBI have released the 412 page FISA application used to gain a Title I surveillance warrant against Carter Page in 2016 while he was working as a low-level unpaid adviser for the Trump campaign. The document is heavily redacted in its more than 400 pages. Carter Page himself—he was never charged or interviewed , which seems rather damning in itself–said today,

“‘You talk about misleading the courts, it’s just so misleading… It’s literally a complete joke.'”

The full pdf is available here.

Once again, it is impossible to tell what is going on by following the news media’s reports. It sure seems, however that once you block out the spinning by the mainstream media, this post regarding Devon Nunes’ much attacked memo on the topic was verified.  Still, I have a low rate of patience for these things, and am not the best interpreter of documents like this, so I am only relying on second hand opinions by others who have plowed through the damn thing. I’ll wait to get some reliable readings.

It seems like the critics of the Mueller investigation and the conduct of Justice and the FBI feel confident that the materials show that indeed the warrants were acquired deceptively, meaning illegally, with the unsubstantiated Steele dossier being the crux of the justification for the warrants, also considering the fact that the Clinton campaign was behind the dossier was never revealed to the judges. [Here’s a recent example of the spin being applied to that argument. The judges were told that the dossier was paid for by a person with political motives, and the claim is that this was enough, that they could figure out that it was a tool of the Clinton campaign. I’ve never understood this argument. Why weren’t the judges informed directly, then? ] Ann Althouse commenter named Yancy Ward wrote, Continue reading

Morning Ethics Warm-Up, 2/4/18: Getting Pounded On The Head To Make Us Confused About The Nunes Memo Edition

Minnesota yesterday. Unfortunately, the game is indoors…

Good morning!

1 So Depressing. I guess we have to conclude that liberals, progressives, Democrats and “the resistance” will never have any objection to rampant news manipulation and partisan bias in the news media until and unless the think it has turned against their interests.

I wonder why they don’t think a properly functioning participatory democracy supported by an informed electorate is in their interests. Oh well…

Working furiously to bolster Democratic Party efforts to throw dust, mud and static around Rep. Devin Nunes’ memo so the public gives up and moves on to other things, the Associated Press wrote that the conservative Washington Free Beacon, not the Democratic Party and the Clinton campaign, had paid for the Christopher Steele Trump dossier. Then MSNBC’s Katy Tur  passed the misinformation along, and (of course) so did CNN, on the air. This fake story was definitively disproved months ago. The AP’s eventual correction was also needlessly confusing:

“In a story Feb. 2 about a Republican memo on the Russia investigation, The Associated Press erroneously reported that a former British spy’s work on an opposition research project was initially funded by the conservative Washington Free Beacon. Though the former spy, Christopher Steele, was hired by a firm that was initially funded by the Washington Free Beacon, he did not begin work on the project until after Democratic groups had begun funding it.”

I cannot  find any record of a correction from CNN.  (Presumably anyone who believes Katy Tur about anything is beyond help.)

2. Keep repeating: “Acting guilty doesn’t prove guilt. Acting guilty doesn’t prove guilt…” Byron York, a hard-working and generally straight-shooting political reporter at the Washington Examiner (which I always get mixed up with the Free Beacon) correctly explains why the most frequently heard and read attacks on Nunes’ memo are part of a disinformation campaign. The main one:

Did the FBI tell the court about the Hillary Clinton campaign’s involvement in the Steele dossier? The memo says the FBI used the dossier to get a warrant on [Carter] Page, but, “Neither the initial application in October 2016, nor any of the renewals, disclose or reference the role of the [Democratic National Committee], Clinton campaign, or any party/campaign in funding Steele’s efforts.”

That passage appears to be indisputably true. No one is claiming the FBI informed the court that the Clinton campaign and the DNC were behind the Steele dossier. But Democrats have still pushed back by arguing that the FBI did tell the court that the Steele information came out of a political context, that it kinda, sorta gave the court the idea that a source was politically motivated.

Exactly how the FBI did that is not clear. So far, news reports are all over the lot. The Wall Street Journal reported that the FBI “did disclose Mr. Steele was being paid by a law firm working for a major political party.” The New York Times reported that the FISA application “was more forthcoming with the surveillance court than the Republicans say. The FBI told the court that the information it received from Mr. Steele was politically motivated, though the agency did not say it was financed by Democrats.” And the Washington Post reported that the court “was aware that some of the information underpinning the warrant request was paid for by a political entity, although the application did not specifically name the Democratic National Committee or the Hillary Clinton presidential campaign.”

None of that disproves or contradicts what the memo said. Sources familiar with the application suggest that it noted there might have been a political motivation behind some of the information. But Republicans ask why it would be acceptable for the FBI to actively withhold from the court the fact that the Clinton campaign and the DNC specifically were behind the Steele dossier. It’s not clear what the Democratic answer to that will be in coming days.

It is emblematic of how intellectually dishonest the attempts to dismiss the import of this matter are that telling the judge that ” the information it received from Mr. Steele was politically motivated” is being claimed to be the equivalent of telling the judge “this dossier was prepared for and paid for the Clinton campaign and the DNC.” That is a major, material distinction, when the same party controls the administration the Justice Department attorneys are working for.

3. Wow, that’s hilarious, Bill! Here was a section of Bill Maher’s side-splitting rant about the Nunes memo on HBO’s “Real Time” yesterday. Interesting question: do comedians have any obligation to try to accurately portray what they are making fun of? This is res ipsa loquitur; I’m not wasting my morning ticking off the myriad factual misrepresentations, the ends justify the means rationalizations, the mind-blowing hypocrisy, and the warped reasoning here, but if you are looking for something to do this afternoon and have run out of crossword puzzles, I’d love to get a full list. At least the rant is so darn funny, it’s justifiable.

“Forget Groundhog Day. The only large, rat-like creature I’m concerned about is Devin Nunes. Of course, it’s not fair to single him out. All the Republicans these days are treasonous rats. Trump declassified this Nunes memo, which is supposed to make us think that our own top law enforcement people are crooked so Trump can get away with his Russia crimes. Problem is, Republicans talk about this memo as if it’s some smoking-gun piece of evidence they uncovered. No! They wrote it! They uncovered it in their printer! It’s not an intelligence document, it’s a Facebook post that you briefly skim before clicking ‘unfriend.’ They did not like what the FBI was finding out about Trump, so like the true patriots they are—of Russia—they attack the FBI and the Justice Department because they’re ‘biased.” Yes, because they’re in law enforcement and the Trump crime family commits crimes, so that’s what they’re supposed to do! It’s like saying the exterminator is biased against the termites. This Republican delusion that Robert Mueller, a Republican who’s there because of Trump, is conspiring with Rod Rosenstein, the acting attorney general, a Republican who’s there because of Trump, and of course Mueller’s old buddy, Jim Comey, another Republican appointed by Trump, and Trump’s attitude is, ‘Jeez, what a bunch of idiots. Who put them in charge?’”

(President Trump appointed Comey?)

Morning Ethics Warm-Up, 2/3/18: On The Nunes Memo, The Times Flunks (Another) Integrity Check.

Cold Morning! I mean, Good Morning!

Anne Frank would still read The New York Times, I guess…

(Anne Frank belongs in the Ethics Alarms Heroes Hall of Honor. I will fix that with a post this month–she probably dies in February, 1945. Don’t let me forget.)

1 “But you know what I sometimes think? I think the world may be going through a phase… It’ll pass. – I still believe, in spite of everything, that people are really good at heart.” Or maybe not. I gathered up all my idealism and hope, and thought that maybe, just maybe, after the ugly and destructive lynch mob it has constituted for over a year to try to destroy the elected President, the mainstream news media, faced with incontrovertible evidence of frightening lawlessness and an attack on democracy by the previous administration in the midst of a Presidential campaign, would finally show some integrity and do its duty.

Then I read today’s New York Times.

The headline: GOP MEMO LEADS TO FRESH JOUSTING ON RUSSIA INQUIRY.

Unbelievable. That’s the news? That there is “fresh jousting”? The memo, as I accurately explained in the previous post, shows that the Obama administration’s Justice Department knowingly used opposition research, funded by Obama’s party and its Presidential candidate, that has substantially been discredited  by the FBI, the same agency that represented it to the court, as evidence justifying a FISA warrant against an American citizen and a member of the opposing party’s Presidential campaign and the Republican Presidential campaign itself.

I don’t see any mention of the Russian collusion investigation in that sentence, but that sentence still suggests a serious scandal involving abuse of civil rights and tampering with the election by law enforcement and a partisan Justice Department. If the so-called “newspaper of record” was objective and trustworthy, some version of that sentence would have been its headline, not an intentionally misleading headline stating that the “news” just is more political “jousting.”

Think about it: the Times is using a less interesting and provocative headline that the one that is justified by the facts. The only reason it would do this is misdirection born of a political agenda. No, Hanlon’s Razon does not apply here. This is not incompetence. This is malice.

2. “It’s really a wonder that I haven’t dropped all my ideals, because they seem so absurd and impossible to carry out. ” Then there the Times editorials. Two days ago, the Times editors wrote this:

“In a demonstration of unbridled self-interest and bottomless bad faith, the Trump White House and its Republican minions in Congress are on the cusp of releasing a “memo” that purports to document the biggest political scandal since Watergate. To pull it off, they are undermining the credibility of the law enforcement community that Republicans once defended so ardently, on the noble-sounding claim that the American public must know the truth.”

Again, unbelievable and yet too believable. Let’s parse this one:

“In a demonstration of unbridled self-interest and bottomless bad faith,”

The Times thinks it is bad faith to inform the American public of undeniable misconduct by the FBI and the Justice Department regarding civil rights and the Presidential election. Sure.

“…the Trump White House and its Republican minions in Congress are on the cusp of releasing a ‘memo'”

An ad hominem attack (“minions”), a partisan bias-based innuendo of dishonesty ( “purports to document”) and a dishonest use of scare quotes around “memo,” as if this wasn’t a memo. It is a memo.

“…the biggest political scandal since Watergate.”

A straw man trick, exploding an assertion into its most extreme form to knock it down. The facts are the facts, and how they are characterized by some is irrelevant to what the facts show. it may not be  “the biggest political scandal since Watergate” when a Democratic administration uses opposition research its party paid to have done to defeat a Republican Presidential candidate  to get court authorization to spy on that campaign during the campaign. You have to admit, though, that at least sounds a little like Watergate—Presidential campaign, administration interfering with the opposition campaign, dirt tricks, misuse of government power—no? Even a little bit like Watergate is bad enough, when government and law enforcement interference with Presidential campaigns is the issue.

“To pull it off, they are undermining the credibility of the law enforcement community that Republicans once defended so ardently, on the noble-sounding claim that the American public must know the truth.”

Pull what off? That’s another bit of rhetorical dishonesty implying wrongdoing by transparency, when  transparency is not wrongdoing unless it is illegal (Wikileaks, James Snowden). Then we have the cynical tack I just wrote about:

“The argument against the memo and the issues it raises, that the public revelations demoralizes our intelligence community and undermines the public’s support and trust is the same invalid logic being used to condemn criticism of the biased news media. If these institutions are not trustworthy and acting against the interests they are pledged to protect, then the public must know. If the conduct of the intelligence community shows that it isn’t trustworthy, there is nothing wrong, and everything right, about exposing it.”

How does the fact that the Republicans once defended the law enforcement community “ardently” change the appropriateness and necessity of  revealing wrongdoing they were not previously aware of? Finally, did I really read the New York Times editors mocking the proposition (“noble-sounding”) that “the American public must know the truth”?

What a disgraceful, shocking, self-indicting paragraph. Continue reading

Ten Ethics Observations On The Nunes Memo

The controversial Devon Nunes memo was released. You can read it here.

Observations:

1 The most important thing to keep in mind is that the information and conclusions in the memo are incomplete. Claims from the Right that it describes a Watergate level scandal are. at best, premature. However, the immediate and furious protests from the Left that it is a “nothingburger”—you know, like Obama IRS scandal that passed another stage today—is pretty damning. What the memo suggests is deeply disturbing, and possibly—too early to tell–frightening. For any American, and certainly for any journalist, to try to brush it off at this point as insignificant  is proof of corruption by hyper-partisanship.

2. The resistance to releasing the memo from the FBI as a danger to “national security” appears deliberately misleading, in light of the memo itself. This, in turn, unavoidably makes , or should make, any objective reader suspicious. In retrospect, the warning sure looks like a false characterization as a desperate effort to keep an unethical episode covered up. The furious FBI attacks on the memo have to be regarded in this light: if the memo was fair and accurate, would the FBI react this way? Yes. If it was unfair and inaccurate, would it react the exact same way? Yes.

3. Rep. Trey Gowdy said today that the memo in no way undermines the Mueller investigation. I don’t see how he could say that, or why. Of course it does; the memo gives credence to the accusation that the entire Russian collusion theory was nurtured by anti-Trump figures in the Justice Department and the FBI before and after the election.

4. To reduce the memo to its simplest form: The infamous Steele dossier—the one James Comey described to Congress, under oath, as “salacious and unverified”— was included as l part of the initial and all three renewal FISA applications against Carter Page. Andrew McCabe, the Deputy Director of the Federal Bureau of Investigation who just resigned under fire, testified that no FISA warrant would have been sought from the FISA Court without the Steele dossier information. Yet The initial application and the renewal applications did not disclose the role of the Democratic National Committee and the  Clinton campaign in generating the dossier by paying $160,000 to Christopher Steel to compile it,  nor did the applications show that Steele was working for Fusion GPS and Glenn Simpson, who was paid by the law firm representing the DNC. In other words, part of the evidence presented to the court to justify surveillance of a member of the Trump campaign, and by extension the campaign itself, was created by someone   working on behalf of  the DNC and Clinton campaign. Continue reading