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Culture War Roundup for the week of June 12, 2023

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The FBI Didn’t Persecute Hillary. It Protected Her. (Eli Lake @Tablet).

The gist is in the title, a longer gist is:

If the Durham report shows anything, it is that the FBI leadership bent over backward to protect Clinton’s campaign while launching a full investigation into Trump’s campaign on the thinnest of pretexts. In other words, the FBI was not really the Clinton campaign’s persecutor, as so many insisted over the past few years, as much as its protector.

I urge you to read the article itself, as it's about details and evidence for the claim above. It did also finally clue me in about why the secret services might be supporting the left. Before Trump was elected they were:

—hoping to curry favor with the person they expected would be the next American president.

[EDIT: _I wrongly thought my original referred to the FBI. That confused reading did in fact solve the puzzle that I had been wondering about, but is nonethless confused. I should have quoted: _]

... headquarters demurred. “They were pretty ‘tippy-toeing’ around HRC because there was a chance she would be the next President,” an FBI official told Durham.

This is very plausible. I hail from a longstanding 3rd wold democracy, and this is pretty typical behaviour. None of the elections are fair because the authorities tip them in favour of whichever side looks more likely to win. Usually this is the government of the day, but not always. In Australia, Rupert Murdoch behaved this way too with his media coverage.

Once Trump was elected, you would expect the FBI to quietly switch sides. But they might have accidentally burned their bridges. Or you might blame Trump for being too volatile and sour-minded to be worth sucking up to.

The other angle is topical: is prosecuting Trump and not Clinton a double standard? There's an argument (ping @ymeskhout) that the difference is that Trump has so brazzenly admitted guilt. Well if there's videotape Clinton also bragging about how her sever was illegal but she's above the law, then we are less likely to know about it because she really is above the law.

If the Tablet article is accurate, this casts light on this and every other putative distinction between the Trump and Hillary cases. Whatever distinction there is, it has (at least if the article is accurate) been brought out under circumstances where investigating authorities have bent over backwards to find ways to protect Hillary.

So what? That might sound flippant but it's truly not. What is the implication or application to politics here? What are we supposed to do with this information/what is the logical call to action? I think that's almost as important as discussing the actual contents.

Example. A lot might read your post and linked article, and let's say for the sake of argument it's all true. Some might say, "well this means Trump shouldn't be charged for the crimes he's currently accused of." Nothing could be farther from the truth.

Because at the end of the day, intent does matter. While Hillary is certainly guilty of thinking she's above the law, used to be coddled by the media, and having her wishes fulfilled by government bureaucrats, and being dishonest on top, she didn't intend to expose confidential or classified information and most of the email saga came down to a mixture of negligence and pride. Contrast Trump in the most recent classified docs saga. It's NOT an issue of over-classification (though it does exist). It's NOT a case of negligence, as he was given a number of chances to cooperate. It was WILLFUL retention of government secrets. It's not like he couldn't access these secrets -- I'm almost certain former presidents are given access to these materials if they are writing their memoirs, for example. It was the pride of "owning" them, though they manifestly weren't his. It doesn't matter how the investigation started, only how it ends.

Vague gestures at other would-be conspiracies sound much like the Steele Dossier inspired ones. Hunter Biden has gone through at least one GOP led congressional investigation. So far, not a whole lot to show.

It was WILLFUL retention of government secrets.

The President is the Constitutional, ultimate classifying authority. If Trump wanted to maintain those documents, as president, that suffices.

Anyways your post just reads like an elaborate rationalization. Hillary's crimes aren't so bad because reason-reason-reason, Hunter Biden's crimes aren't so bad because reason-reason-reason, but Trump's crimes are bad because... How do you know that Hillary Clinton didn't "intend" to expose materials? How do you know that the documents manifestly aren't Trump's, when we don't know what the documents even are? You can fill in the blanks however you want, I guess, but it won't make a very rigorous argument.

Investigate Trump over Russia, investigate Trump's business records, investigate Trump's campaign, investigate Trump's sexual relations, investigate Trump's administration... wow, after eight years of manufacturing pretexts to spy on him, he finally committed a crime after we picked a fight. He waved classified documents in front of a reporter's face and everything. Guess we have to charge him now, everyone is equal before the law, justice and democracy and liberty and freedom prevail. What, charge other politicians? Hahahaha

Well the Clintons had undergone multiple decades of scrutiny before the election so it makes sense there's only so much "new" stuff. Whitewater, for example. If she had been new to politics like Trump, you'd see a similar level of scrutiny. And in fact if you sum up all the investigations on the Clintons over the years you probably get a similar scope. Trump has so many investigations because he was a businessman in a famously shady business (real estate and show business both tend to be full of obfuscation and do often hide real crime), not because of being a "threat" to the "establishment". And note that Justice was indeed served at the end of the day, most of the investigations didn't turn up too much and the one that did (impeachment) went through the normal process and he was found not guilty. End of story. I know people were bitter about investigations starting but in the end he wasn't actually harmed all that much?

It also makes zero sense that Hillary would deliberately allow her personal email to be hacked. That's an insane suggestion and you should feel bad for making it. Note that I never accused Trump of actually cooperating with a foreign power or anything. Just like in Hillary's case, it's a pride thing, but manifested a different way. When you're no longer the President, you are no longer the President! You can't just make your own rules, much less retroactively, you have to "declare" them and then follow them. That's what the whole presidential order system is for. Trump even himself admitted that he could have but did NOT declassify these things in order to keep them. And either you're being disingenuous or are misinformed when you say we don't know what's in the documents. We have a decent idea of at least a few articles, and they are most definitely classified. And remember, the classification system exists to protect harmful secrets from becoming public. It defeats the whole purpose if you arbitrarily declare manifestly harmful secrets to be declassified (read: non-harmful) when they clearly still have the same potential for harm.

Don't get me wrong, I DO think Hillary should have been charged with a lesser crime of negligence and maybe obstruction, but in terms of setting a precedent it's more important to convey to future leaders Cabinet level and up that negligence is bad and will hurt you politically but willful disobedience will result in criminal charges. That's a reasonable precedent in my opinion. After all we don't want to make a habit of charging former officials left and right, it leads to a cycle of retribution. You might ask, well won't this Trump thing lead to it? It wouldn't have if there wasn't WILLFUL lawbreaking involved.

Trump has so many investigations because he was a businessman in a famously shady business (real estate and show business both tend to be full of obfuscation and do often hide real crime), not because of being a "threat" to the "establishment".

The FBI spied on Trump's political campaign and his employees using, as a pretext, a political document of misinformation that the FBI itself knew to be full of lies. They didn't investigate Trump because he was a businessman, they investigated him because he threatened them. If they wanted to investigate Trump because he participated in shady business deals, they'd investigate Nancy Pelosi or Chuck Schumer or Mitch McConnell. (How did Diane Finestein become so wealthy? Who was Trump conducting shady deals with if not, at times, other politicians? How many of them are being investigated?)

I want to repeat this because this is key to repudiating your argument: the investigations against Trump were not normal and they were not lawful. We have the documents and records. There was a cadre of top officials at the FBI, like Lisa Page and Peter Strzok, who wanted to do everything they could to impede Trump. People like Jim Comey and Andrew McCabe ordered investigations against Trump on pretexts they knew to be lies. Lies about Trump were deliberately leaked to the press, so that those news reports could be used as justifications in a FISA court. The Durham Report tracks this. There was nothing normal about any of this.

You specify one specific investigation that the Durham report rightly concludes was founded on bogus grounds. However, this is not the only investigation against Trump and those in his orbit, and is not sufficient by itself to generalize. You're implying that all investigations against Trump follow this form, but that's incorrect. Rather, you should also consider the people in Trump's orbit that were indeed found guilty beyond reasonable doubt of various crimes (or admitted to such), including Flynn (lying), Stone (lying, threatening a witness), Manafort (conspiracy, obstruction), not to mention several financial related crimes (Cohen, Trump Org, Gates, Barrack, etc.)

Manafort and Cohen deserve to go to jail for what they did. That said, their crimes were totally unrelated. That is in absolutely no way justification for the particular way this investigation played out. It's the definition of a fishing expedition, and fishing expeditions certainly catch some guilty fish from time to time. One can justifiably hope that their crimes had been discovered, investigated, and prosecuted, but via other means. I don't think anyone on the right thinks, "Oh, maybe there's something worth investigating concerning China and the Bidens, so that's justification for the FBI to start rooting around in every single prominent democrat's business, and the whole expedition will be justified so long as we catch a couple folks doing random, unrelated, dirty shit. I hope the specific folks who are doing random, unrelated, dirty shit get caught specifically for what they're doing.

You're joking, surely.

Flynn "lied" after being set up under an investigation for a Hatch Act violation, ambushed by FBI interviewers, made to answer all sorts of questions, and then misremembering the answer to a particular point. Before he "lied" the underlying crime was that, before Trump was officially sworn in, he talked to the Russian ambassador and briefly discussed the prospect of sanctions. Not illegal in the slightest, but blow it up into a big controversy because of the spectre of "Russian collusion" (which, again, the FBI already knew to be bullshit) and then harass the victim until they commit some sort of process crime.

This is what all these "crimes" were like: unprecedent levels of investigative harassment against Trump and his people, with the underlying investigations based on completely made-up accusations, and then charging them with process crimes committed during the investigation. "I'm not touching you. I'm not touching you. I'm not touching you. ... Mom, Flynn just attacked my fist with his face!"

This is a ridiculous argument. All the examples you cite are proof of exactly the dynamic I've been describing. It's as if you took the fact of prosecution of witches at Salem as proof that there must have been witches after all.