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Max Boot: Sure Andrew McCabe lied under oath…but Trump

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If my headline doesn’t make much sense, well, it’s a pretty accurate summary of Washington Post blogger Max Boot’s column yesterday. When FBI Deputy Director Andrew McCabe was fired, Boot was one of the people who came out swinging.

In short, there was nothing that could possibly justify the firing of Andrew McCabe. It was a Trumpian plot. So when the DOJ Inspector General released his damning report on McCabe which concluded he had lied to James Comey, to FBI investigators while under oath, to the IG, and had even lied about his lies to FBI investigators when changing his story, suddenly Max Boot had some backtracking to do.

The recommendation from the FBI’s Office of Professional Responsibility was that McCabe should be canned for his repeated and intentional “lack of candor.” And that’s what happened. But having already blasted this as an attempt to “undermine the FBI” etc., Max Boot couldn’t bring himself to admit he got this one wrong. Instead, he wrote a blog post yesterday titled “Sure, McCabe and Comey made mistakes. But that’s not why they were fired.”

If taken in isolation, as Trump defenders would like, this would seem a damning case, even though McCabe has denied any intent to mislead. But taken in isolation, there was also a damning case against Comey, as outlined in a letter written by Deputy Attorney General Rod J. Rosenstein and released by the White House when the FBI director was fired last May…

When Sessions finally fired McCabe, as recommended by the FBI’s Office of Professional Responsibility, Trump exulted that this was “A great day for Democracy.” On Friday, after the release of the IG report, Trump was hyperventilating again: “DOJ just issued the McCabe report — which is a total disaster. He LIED! LIED! LIED! McCabe was totally controlled by Comey — McCabe is Comey!! No collusion, all made up by this den of thieves and lowlifes!”

So this is what Trump apologists want us to believe: that McCabe was fired completely on the merits and that the demands of the president to get rid of him had nothing to do with it. And if you believe that, you’re probably still convinced that the infamous meeting between the Trump campaign high command and a Russian lawyer was really about “adoptions.” Sure, Comey and McCabe made serious mistakes — but those mistakes were a pretext for Trump’s vendetta against the investigators who are hot on his trail.

I think the problem here is that Boot insists on treating everything as a subset of the one story that he is focused on: blasting President Trump. It doesn’t seem to occur to him that two things could be independently true here. First, Trump really did go after McCabe and celebrate his firing. Second, McCabe is a self-serving liar who deserved to be fired.

Boot’s original Twitter take on this, like McCabe’s take, suggested point one was the real cause of everything, but the IG report proves that, independently, McCabe is a liar who lied to the FBI multiple times. In fact, it’s a bit odd that Boot is using the comparison to Comey to make his case since Comey is one of the people McCabe lied to about the leak. James Comey’s own recollection is literally one of the reasons McCabe was fired.

Now, is it possible that Sessions could have chosen to go easy on McCabe and let him ride out his last couple days and retire with a full pension? Maybe so. Is it possible Trump’s anger at McCabe encouraged Sessions to take a harder line than he absolutely had to take here? Again, maybe so. But the bottom line is that McCabe’s repeated lack of candor under oath really did rise to the level of firing. The FBI routinely puts people in jail for this same violation. Why should McCabe get a pass?

More significantly, there is no scenario here where McCabe’s integrity comes out of this unscathed whether or not he is fired by Sessions. McCabe’s integrity is shot, not because he lost his pension but because the IG documented multiple instances of him lying under oath. Max Boot’s argument is premised on the very silly idea that, if only McCabe hadn’t been fired he would still be a devastating witness against Trump. How does that work exactly? Hey, it’s true he lied under oath and to his own boss at the FBI, but did you know he still has a pension? I’m not convinced that’s a slam dunk witness.

Simply put, just because Trump wanted McCabe fired doesn’t automatically prove he didn’t genuinely deserve it. McCabe’s credibility problems are of his own making.

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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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