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Comey on Hillary: Maybe I wouldn’t say “extreme carelessness” today

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First we took a look at what James Comey had to say about Donald Trump. What about Hillary Clinton, the other major-party presidential candidate his FBI investigated during the 2016 election cycle? ABC News chief anchor George Stephanopoulos offers up opportunities for Comey to respond to critics that he didn’t get tough enough with the Democratic nominee, a point which Comey doesn’t quite rebut.

Comey tells Stephanopoulos that he didn’t want to say “gross negligence” about Hillary Clinton’s use of private e-mail server for transmission of hundreds of classified documents, because it hewed too close to the statute under which she should have been charged. On the other hand, Comey wishes he’d come up with a better formulation than “extreme carelessness” to describe the chronic mishandling of communications during Clinton’s time as Secretary of State:

GEORGE STEPHANOPOULOS: Y– you– you cited her for extreme carelessness. In an original draft of your statement– the words, “Gross negligence” were there instead of “Extreme carelessness.” And– and President Trump’s allies say that’s a sign that you personally went easy on her.

JAMES COMEY: Yeah, I don’t. All these allies who think I went easy on her have a hard time explaining so why did I do what I did in October, but I’ll stay in July. I wasn’t trying to go easy on her or hard on her. I was trying to be honest and clear with the American people. What she did was really sloppy.

Not– you know, there’s all the time people mishandle a classified document or maybe have one conversation on email that they shouldn’t. This was over the course of four years, dozens of conversations on email about secret topics. And I think eight about top secret topics. So this is more than just ordinary sloppiness.

So if I’m going to be honest, I have to say somehow it’s more than ordinary sloppiness. So my first draft, which I wrote myself, said, “Gross negligence.” It’s a lawyer term. And the reason I used that term is I wanted to also explain that I don’t mean that in the sense that a statute passed 100 years ago means it. And then my staff convinced me that that’s just going to confuse all kinds of people, if you start talking about statutes and what the words mean. What’s a colloquial way to explain it? And elsewhere in my statement I had said, “Extremely careless.” And so they said, “Just use that.” And so that’s what I went with.

GEORGE STEPHANOPOULOS: And to Hillary Clinton supporters, that sounded like you’re accusing her of a crime even though you don’t prosecute.

JAMES COMEY: Yeah, I get that. And then the other said saying, “You’re admitting she committed a crime, you didn’t prosecute her.” The goal was– and– and one of the mistakes I made is I don’t know what it would be. I should’ve worked harder to find a way to convey that it’s more than just the ordinary mistake, but it’s not criminal behavior, and find different words to– to describe that.

The problem with this explanation is the title of Comey’s book and the theme of his media tour. A Higher Loyalty purports to teach lessons about the need to apply ethics and values to leadership decisions, and Comey spends most of his time unloading on Trump — and not without some cause, either. However, Comey consistently avoids doing the same thing with Hillary Clinton, and this is a key case in point.

Comey wanted to find a middle ground to describe what Clinton did, clearly as a way to justify ending the investigation without charging her. Note his consternation over the language of the statute when it was pointed out to him, referring to its 100-year age as an excuse to dismiss it — even though it remains the law that he’s supposed to enforce. Comey almost explicitly admits here that he changed the terminology in his letter to avoid pressing for prosecution by the Department of Justice.

Perhaps that was the proper legal choice, although it’s more accurate to call it prosecutorial discretion, which Comey’s job description didn’t include. Even so, Comey’s no longer lecturing America on legalities, but on morals, values, and ethics. Hillary Clinton’s use of the secret e-mail server was purposefully chosen in order to hide her communications from Congress and the courts, and she allowed the State Department to stonewall both for years when Congress and FOIA demands were presented. It was an ethically and politically corrupt scheme to undermine legitimate oversight of the State Department under her watch, demonstrating contempt for both Congress and the courts. And it was done to protect Hillary Clinton’s electoral viability for 2016, among other potential motivations, which would have colored the results of the election had it not been exposed by the Select Committee on Benghazi.

That’s not extreme carelessness or gross negligence, morally and ethically speaking. It’s deliberate corruption, even if it’s not enough to prosecute. So why doesn’t Comey call it out as such while he’s making ethical and values arguments against Trump and his allies?

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Fearless Girl to stand on her own, at least for now

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Fearless Girl is finally going to move and, at least for now, she won’t be taking Charging Bull with her. The decision to move Fearless Girl a few blocks away to a position opposite the New York Stock Exchange was prompted by concerns about crowds and traffic. From the NY Daily News:

The much-beloved statue will depart her perch opposite the iconic Charging Bull to stare down some new scenery: The New York Stock Exchange, the Daily News has learned…

The move comes as the city and the company sought a more permanent home for the popular statue — and one with fewer safety issues than her current spot in a Bowling Green median, which gets overrun with onlookers who often stand in the busy street…

Due to safety concerns about traffic — and potential terror attacks using cars — the city said it was also exploring moving the Charging Bull itself.

But while Fearless Girl will move by year’s end, there are no immediate plans to move the bull — the city said Wednesday it was “exploring” putting it somewhere else downtown.

However, there’s really no doubt that Fearless Girl doesn’t work without some opponent to be fearless about. So will staring down the New York Stock Exchange be enough? The NY Times reports that Mayor de Blasio really wants to keep the statues together:

A spokesman for Mr. de Blasio said that it was important to the mayor, who has posed with “Fearless Girl” and spoken of its meaning to young women and girls, to keep the two works together.

“The mayor felt it was important that the ‘Fearless Girl’ be in a position to stand up to the bull and what it stands for,” said Eric F. Phillips, the mayor’s press secretary. “That’s why we’re aiming to keep them together. The bull has also always been a traffic and safety issue the city’s hemmed and hawed over. The moves achieve a few goals.”

Artist Arturo Di Modica, the creator of Charging Bull, has said his figure was meant to be a symbol of “freedom in the world, peace, strength, power and love.” It was, of course, a symbol of America’s economic strength and, implicitly at least, of the power of capitalism itself. Di Modica felt the addition of Fearless Girl turned his optimistic statue into a corporate comment on gender politics and, worse, a threat to be defied.

It’s interesting that the progressive Mayor is so eager to maintain that reinterpretation of Di Modica’s art. In fact, I think his press secretary’s statement goes a long way to proving Di Modica’s point about the attempt to reinterpret his work. Fearless Girl isn’t just standing up to the bull but also “what it stands for.” Why would Mayor de Blasio want to do that? A statement he made last year to New York Magazine might give a hint:

I think there’s a socialistic impulse, which I hear every day, in every kind of community, that they would like things to be planned in accordance to their needs. And I would, too. Unfortunately, what stands in the way of that is hundreds of years of history that have elevated property rights and wealth to the point that that’s the reality that calls the tune on a lot of development. . . .

Look, if I had my druthers, the city government would determine every single plot of land, how development would proceed. And there would be very stringent requirements around income levels and rents. That’s a world I’d love to see, and I think what we have, in this city at least, are people who would love to have the New Deal back, on one level. They’d love to have a very, very powerful government, including a federal government, involved in directly addressing their day-to-day reality. [Emphasis added.]

Fearless Girl’s placement opposite Charging Bull goes well beyond standing up for more women in high finance jobs and boardrooms (the alleged point of the statue). The Mayor who praised the “socialistic impulse” toward government planning is doing is best to change one of the best-known symbols of America’s free market into a threat to be defied. I really don’t think that’s an accident.

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Whoa: DOJ Inspector General sends criminal referral for Andrew McCabe to U.S. Attorney

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You know who you can thank for this? James Comey! He’s the one who initiated the IG investigation into leaks to the WSJ in October 2016 about the FBI’s investigation of the Clinton Foundation, or so he claimed to the Daily Beast. Which makes this tweet from January seem … awkward now:

Comey will be on Jake Tapper’s show for an interview within the hour. I wonder what the first question will be.

The Justice Department inspector general referred its finding that former FBI Deputy Director Andrew McCabe repeatedly misled investigators who were examining a media disclosure to the top federal prosecutor in D.C. to determine whether McCabe should be charged with a crime, according to people familiar with the matter…

Lying to federal investigators is a crime punishable by up to five years in prison, and some legal analysts speculated in the wake of the report that the inspector general seemed to be laying out a case for accusing McCabe of such conduct. The report alleged that one of McCabe’s lies “was done knowingly and intentionally” — which is a key aspect of the federal crime

Ironically, Comey — who appointed McCabe to his post as the No. 2 official in the FBI — stressed in his book released this week the importance of telling the truth to federal investigators and holding accountable those who do not.

“People must fear the consequences of lying in the justice system or the system can’t work,” wrote Comey in his new book, per WaPo, and how here we are. Will the next McCabe fundraising webathon be for bail money?

Comey reiterated yesterday on “The View” when asked about McCabe that lying to the feds isn’t okay. McCabe and his lawyer didn’t like that:

“In his comments this week about the McCabe matter, former FBI Director James Comey has relied on the accuracy and the soundness of the Office of the Inspector General’s (OIG) conclusions in their report on Mr. McCabe. In fact, the report fails to adequately address the evidence (including sworn testimony) and documents that prove that Mr. McCabe advised Director Comey repeatedly that he was working with the Wall Street Journal on the stories in question prior to publication. Neither Mr. Comey nor the OIG is infallible, and in this case neither of them has it right.”

The wrinkle here is that the IG’s recommendation is based partly on a test of credibility between McCabe and Comey himself. McCabe claims that when Comey asked him in October 2016 whether he had authorized any info on the Clinton Foundation probe to be released to the WSJ, McCabe told him yes, that he was working with the paper to correct inaccuracies in the story. Comey, however, told the IG that McCabe told him he didn’t know who’d been talking to the paper. Upon further investigation, the IG agreed with Comey. Which is to say, if this turns into a prosecution — and there’s no guarantee that it will — the star witness against Andrew McCabe might be … James Comey.

The statute here, by the way, is the same statute that Mike Flynn pleaded guilty to violating: 18 U.S.C. 1001, which makes it a crime to lie to federal officials. The U.S. Attorney will be under heavy political pressure to indict McCabe in order to show that the “no lying” rule applies to its own officers just as much as it does to Trump’s aides. Although I wonder if Trump might inadvertently let them off the hook by tweeting something celebratory about the McCabe referral, leaving the U.S. Attorney to argue that the president’s endless Twitter attacks on McCabe have made it impossible for him to get a fair trial. As such, he might not be charged or, if he’s amenable, he may be allowed to cop a plea with a wrist-slap penalty. If anything is capable of driving home the lesson to Trump that he shouldn’t be tweeting about pending legal matters, watching McCabe walk free because of his big mouth might be it.

Nah, who are we kidding. Nothing will drive that lesson home. Exit question: What if McCabe and Michael Cohen end up as cellmates in the federal pen? I smell sitcom.

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Trump: Feds will not pay for Jerry Brown’s National Guard ‘charade’

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The war of words between President Trump and California Governor Jerry Brown over illegal immigration heated up again this morning. Just yesterday Gov. Brown suggested 400 National Guard troops would be headed for the border and that the federal government had agreed to pay for it. But this morning President Trump tweeted this:

This all started a couple weeks ago when President Trump announced that, since funding for his border wall was stalled, he was calling on states to send National Guard troops to the border. A week later, there was another surprise when Gov. Jerry Brown announced that he would be sending 400 National Guard troops to the border to fight smuggling and drug trafficking. However, Brown also drew a line at getting involved in preventing illegal immigration saying, “It will not be a mission to round up women and children or detain people escaping violence and seeking a better life. And the California National Guard will not be enforcing federal immigration laws.”

That made it a bit unclear what California’s troops were actually going to do. National Guard troops are not allowed to arrest people at the border. That’s the job of Customs and Border Protection (CBP) officers. Troops from other states were using surveillance equipment and notifying the border patrol if they saw someone trying to cross the border. They were also given jobs doing paperwork and other support roles aimed at freeing up more border patrol officers. But earlier this week the Associated Press reported that California was rejecting most of the actual jobs the border patrol wanted the troops to do.

The state informed federal officials it will not allow its troops to fix and repair vehicles, operate remotely-controlled surveillance cameras to report suspicious activity to the Border Patrol, operate radios and provide “mission support,” which can include clerical work, buying gas and handling payroll, according to officials with knowledge of the talks who spoke condition of anonymity because they were not authorized to discuss the matter.

The next day, California officials said they were not backing away from sending troops to the border even as a CBP Deputy Commissioner confirmed the core of the Associated Press report, i.e. Gov. Brown would not let his troops do a number of support jobs for the border patrol.

Wednesday, Gov. Brown released a statement saying 400 troops were headed to the border, “after securing the federal government’s commitment this week to fund the mission.” That certainly makes it sound as if some agreement has been reached. But if so, Trump’s tweet this morning appears to be rejecting that agreement. So far, there has not been a response from Gov. Brown clarifying whether or not his National Guard troops are still headed for the border.

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