Lawrence Person's BattleSwarm Blog

“At some point, the administration weaponized the NSA’s legitimate monitoring of communications of foreign officials to stay one step ahead of domestic political opponents,” says a pro-Israel political operative who was deeply involved in the day-to-day fight over the Iran Deal. “The NSA’s collections of foreigners became a means of gathering real-time intelligence on Americans engaged in perfectly legitimate political activism—activism, due to the nature of the issue, that naturally involved conversations with foreigners. We began to notice the White House was responding immediately, sometimes within 24 hours, to specific conversations we were having. At first, we thought it was a coincidence being amplified by our own paranoia. After a while, it simply became our working assumption that we were being spied on.”

This is what systematic abuse of foreign-intelligence collection for domestic political purposes looks like: Intelligence collected on Americans, lawmakers, and figures in the pro-Israel community was fed back to the Obama White House as part of its political operations. The administration got the drop on its opponents by using classified information, which it then used to draw up its own game plan to block and freeze those on the other side. And—with the help of certain journalists whose stories (and thus careers) depend on high-level access—terrorize them.

Two inquiries now underway on Capitol Hill, conducted by the Senate intelligence committee and the House intelligence committee, may discover the extent to which Obama administration officials unmasked the identities of Trump team members caught in foreign-intelligence intercepts. What we know so far is that Obama administration officials unmasked the identity of one Trump team member, Michael Flynn, and leaked his name to the Washington Post’s David Ignatius.

“According to a senior U.S. government official,” Ignatius wrote in his Jan. 12 column, “Flynn phoned Russian Ambassador Sergey Kislyak several times on Dec. 29, the day the Obama administration announced the expulsion of 35 Russian officials as well as other measures in retaliation for the hacking. What did Flynn say, and did it undercut the U.S. sanctions?”

Nothing, the Times and the Post later reported. But exposing Flynn’s name in the intercept for political purposes was an abuse of the national-security apparatus, and leaking it to the press is a crime.

This is familiar territory. In spying on the representatives of the American people and members of the pro-Israel community, the Obama administration learned how far it could go in manipulating the foreign-intelligence surveillance apparatus for its own domestic political advantage. In both instances, the ostensible targets—Israel and Russia—were simply instruments used to go after the real targets at home.

In order to spy on U.S. congressmen before the Iran Deal vote, the Obama administration exploited a loophole, which is described in the original Journal article. The U.S. intelligence community is supposed to keep tabs on foreign officials, even those representing allies. Hence, everyone in Washington knows that Israeli Ambassador Ron Dermer is under surveillance. But it’s different for his American interlocutors, especially U.S. lawmakers, whose identities are, according to NSA protocol, supposed to be, at the very least, redacted. But the standard for collecting and disseminating “intercepted communications involving U.S. lawmakers” is much less strict if it is swept up through “foreign-foreign” intercepts, for instance between a foreign ambassador and his capital. Washington, i.e. the seat of the American government, is where foreign ambassadors are supposed to meet with American officials. The Obama administration turned an ancient diplomatic convention inside out—foreign ambassadors were so dangerous that meeting them signaled betrayal of your own country.

During the long and contentious lead-up to the Iran Deal the Israeli ambassador was regularly briefing senior officials in Jerusalem, including the prime minister, about the situation, including his meetings with American lawmakers and Jewish community leaders. The Obama administration would be less interested in what the Israelis were doing than in the actions of those who actually had the ability to block the deal—namely, Senate and House members. The administration then fed this information to members of the press, who were happy to relay thinly veiled anti-Semitic conceits by accusing deal opponents of dual loyalty and being in the pay of foreign interests.

Snip.

The reason the prior abuse of the foreign-intelligence surveillance apparatus is clear only now is because the Russia campaign has illuminated it. As The New York Timesreported last month, the administration distributed the intelligence gathered on the Trump transition team widely throughout government agencies, after it had changed the rules on distributing intercepted communications. The point of distributing the information so widely was to “preserve it,” the administration and its friends in the press explained—“preserve” being a euphemism for “leak.” The Obama team seems not to have understood that in proliferating that material they have exposed themselves to risk, by creating a potential criminal trail that may expose systematic abuse of foreign-intelligence collection.

(Hat tip: Ace of Spades HQ.)

Abuses of power are offenses against the public trust. They often overlap with a criminal offense, but they are not the same thing as a criminal offense. For example, a politician who accepts money in exchange for political favors commits both the crime of bribery and an impeachable offense of corruption. The jurors in the bribery case need not find that the politician breached his public trust; they need only find an intentional quid pro quo — payoff in exchange for favor. By contrast, the breach of public trust is central to the impeachment case: To remove the pol from office, there would be no need to prove the legal elements of a criminal bribery charge beyond a reasonable doubt, but it would have to be demonstrated that the politician is unfit for office. If it is a petty bribe, a prosecutor might ignore it, but the public should want to throw the bum out.

This is why a “high crime and misdemeanor” — the constitutional standard for impeachment — need not be an indictable criminal offense. It may be a chargeable crime, but it need not be one.

A famous example (though one not much remarked on during the last several years) is the second article of impeachment against President Richard M. Nixon. It alleged (my italics):

Using the powers of the office of President of the United States, Richard M. Nixon, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in disregard of his constitutional duty to take care that the laws be faithfully executed, has repeatedly engaged in conduct violating the constitutional rights of citizens, impairing the due and proper administration of justice and the conduct of lawful inquiries, or contravening the laws governing agencies of the executive branch and the purpose[s] of these agencies.

The impeachment allegation went on to describe how Nixon had, among other things, directed the FBI, CIA, and IRS to investigate innocent Americans for reasons unrelated to national security or law enforcement. For the most part, these directives were not violations of penal statutes. But they were, individually and collectively, heinous abuses of presidential power warranting impeachment.

If the new reporting is to be believed, Rice orchestrated the unmasking of communications involving the Democrats’ political rivals — the Trump campaign. Her current stress on the lawfulness of the intelligence collection is a straw man. No credible commentator is claiming (based on what we currently know) that the intelligence-collection activities of the FBI, CIA, and NSA were illegal. As I explained yesterday in my aforementioned column, the surveillance and collection operations were undertaken pursuant to statute (the Foreign Intelligence Surveillance Act) as well as to the president’s constitutional authority to collect foreign intelligence (the exercise of which authority is laid out in a longstanding executive order, EO 12,333).

CNN and a lot of the media aren’t covering the Rice story at all, but when the Associated Press, the New York Times, and others report it, many say the Trump administration is trying to divert attention from the Trump-Russia collusion story. The media present the Trump-Russia collusion story as true even though there is absolutely nothing yet to show that. They present the claim that Trump was spied on as a false story even though we have 100% proof that Trump people were listened to and that the information was leaked to the press.

Anyone who believes that Trump wasn’t specifically targeted for political reasons probably still believes that the Benghazi killings were caused by a video, that Obama had no idea the IRS was targeting political opponents, that Obama had no idea Hillary was violating the law by using a non-secure server until three years after she left, that Obama had no idea his administration was gun-running to Mexico, and that Hillary and her aides had no intent to break the law.

The media and Democrats should be absolutely ashamed that they haven’t had any concern about facts for a long time. If there is any collusion, it is between the media and Democrats to destroy Trump, no matter what the facts are.

(Hat tip: Director Blue.)

The New York Times, for example, didn’t feature the Rice story at all on Monday. And in the piece it did publish buried on page A16 that was hilariously titled, “Trump Tries to Deflect Russia Scrutiny, Citing ‘Crooked Scheme’ by Obama,” the paper of record shrugged off the controversy because the story came from “conservative news media outlets.”

You know, “conservative” like the impossibly down-the-middle Eli Lake of Bloomberg View or via an objective reporter like Fox’s Adam Housley.

The Washington Post also failed to feature the story in any capacity either, instead relegating it to a blog post that referred to the Rice story as a “fake scandal.” Democracy dies in darkness, as they say.

“Fake scandal” was also the way CNN anchor Chris Cuomo described the story to viewers of “New Day” on Tuesday.

(Hat tip: Director Blue.) Of course, to ask the question is to answer it: