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PaperclipPerfector  1yr ago (text post)   38489 thread views

Culture War Roundup for the week of June 5, 2023

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In support of this argument, you could cite the fact that the apparent mishandling of government records occurs fairly regularly by similarly-positioned politicians (Clinton, Biden, Pence, etc.) and yet its enforcement appears to be selectively doled out.

I happen to think that indicting potential candidates creates a slippery slope unless the charges are very serious, and that these particular charges do not seem to clear that bar (though I suppose it might depend on the contents of the specific documents in question).

That being said, the selective enforcement argument does not seem to be very persuasive, because there are are at least two elements to a violation of 18 USC sec 793(e): 1) unauthorized possession of national security documents; and 2) willful retention or the documents and failure deliver it to the officer or employee of the United States entitled to receive it. There is evidence that Trump, unlike the others you mention, willfully retained the documents and failed to deliver them when the government requested them. Hence, while there is evidence that Trump violated 18 USC sec 793(e), there is no evidence that the others violated the law.

Moreover, when James Comey declined to recommend the prosecution of Hillary Clinton, he said:

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

Again, there is evidence of several of those criteria re Trump (indeed, he is charged with obstruction of justice), but not re the others.

Hence, if the decisions were completely objective, the pattern of decisions would look the same. Hence, the pattern you identify is not evidence of subjective prosecution.

That being said, the selective enforcement argument does not seem to be very persuasive

I should've made it more obvious that I don't find the selective prosecution arguments at all persuasive (Trump's case can be entirely distinguished with his inexplicable refusal to return the documents and the comically inept manner he tried to hide stuff from his own lawyers). I was trying to steelman the argument and assumed it was true in order to discuss the other question.

Correct. Clinton clearly set up her server to evade FOIA and got kid gloves treatment from the FBI. But she at least played along with the investigation a little bit and could feign some ignorance. Trump was brazenly defiant and they literally have a recording of him breaking the law. All he had to be was 10% less stupid but he couldn't pull that off.

Correct. Clinton clearly set up her server to evade FOIA and got kid gloves treatment from the FBI. But she at least played along with the investigation a little bit and could feign some ignorance.

She had her staffers destroy an unknown but likely very large amount of evidence. That is not "playing along with the investigation", and the reason we don't know it for a certainty on the record is because the FBI helped her cover it up.

I understand that what Trump did was very, very stupid. I maintain that the stupidity or intelligence of the politicians in question is not the dispositive factor here.

You're not going to see me defend Clinton's server, clearly it was wiped to preclude any further evidence gathering. The FBI should have simply seized the server, not asked her politely to hand over hand-picked "relevant" emails and then allow her to erase it. But she complied with that very lax standard. Also her apparent motive (FOIA noncompliance, mixing government work with business) is worse than Trump's, which is purely his ego.

If Trump had complied by handing over the physical documents when asked, I doubt he would have been prosecuted. His defiance and his stupidity are major factors here, he admits to committing a crime on tape, which makes it so easy to prove in court.

efforts to obstruct justice. We do not see those things here.

You don't think the famous what, with a cloth? wasn't an attempt to obstruct justice?

And I don't know how to describe the FBI finding work-related emails for Huma Abedin on the laptop they seized because her scumbag husband had used it to sext a minor and they were investigating this. That's a bit more careless than I'd like.

To provide a further excellent piece of evidence, let’s ask Bill Barr, former Attorney General FOR TRUMP, who has decried other efforts as “witch hunts”.

Source

In differentiating this investigation from others that examined Trump’s conduct, Barr said he had defended Trump in the past — including in response to Alvin Bragg’s recent indictment in New York — but this case is different.

“This idea of presenting Trump as a victim here, a victim of a witch hunt, is ridiculous,” Barr said.

“Yes, he’s been a victim in the past. Yes, his adversaries have obsessively pursued him with phony claims. I have been at his side defending against them when he is a victim. But this is much different. He is not a victim here. He was totally wrong that he had the right to have those documents. Those documents are among the most sensitive secrets the country has.”

I think that’s pretty telling that Barr also claims Trump is doing unprecedented and serious things. This is not some partisan hack. It is someone republicans trusted to run the entire Justice department. And he agrees with the charges!

Where did he say unprecedented? He said he was wrong here. Whatever you quoted doesn’t match your take.

He said Trump was wrong. He also said and I quote from earlier in the article, “almost anyone else in the country would have returned the documents if asked”.

Sure the word unprecedented doesn’t specifically appear. But in terms of Trump scandals, from media hype to legitimate offenses, it’s clear Barr is saying that this particular scandal is far worse than any other that he witnessed. That’s along the same lines (no cross party comparison is directly made however).

So it doesn’t say what you said and the obvious rejoinder is Hillary. I’m sure Barr is aware of that example so citing him for something he didn’t say isn’t appropriate.

I think you’re being pedantic and uncharitable. It is unprecedented for Trump himself to be in the wrong, per Barr. But that’s a hang up that you’re focusing on while missing the point, which is that Hillary or anyone else is an irrelevant distraction. The substance is: the fact that Barr calls this lawsuit out as different than past (alleged) “phony claims” is pretty telling. We should therefore be paying close attention to the indictment and resist the urge to write it off as yet another exercise in partisan hackery/deep state persecution. Because here we have an ardent Trump defender and an unquestionably experienced legal leader admitting Trump is in the wrong. Isn’t that enough to take it seriously? It should be viewed more or less on par with Jan 6th, or more seriously, because the wagons that you’d expect to circle aren’t actually circling.

No. Most people seem to think “Trump legally is in a bad spot.” The issue many have is unequal treatment of the law. That is Democrats get treatment A; Republicans (or Trump) gets treatment B. Saying “it is unprecedented” is a comparison to others; not to Trump himself.

And yes, unequal treatment is a huge problem.

On the contrary, the statement being vetted by so many people and subject to so much scrutiny implies it’s a very solid and defensible statement…

Do you honestly believe that is an argument that will convince anyone?

We know the Obama WH and the DOJ/FBI were absurdly pro Clinton and either looked the other way / supported the Clinton campaign. See Durham.

But now you believe…that having more of them involved in the Clinton statements proves it’s objectivity instead of the opposite? You honestly believe that?

You asked about the Comey statement specifically. It was an independent investigation. And by all accounts Comey agonized about which phrasing to use and the conclusions and knew that whatever he said would be gone over with a fine toothed comb by the media as well as politicians alike. He knew that it was in some sense a no win situation for the FBI’s reputation, but the exact phrasing needed to be as defensible as possible to protect said reputation.

So yes, I think it’s very fair to say that every phrase was closely and carefully chosen to be accurate yes but also legally sound. That’s what the “sanitizing and proofing” is designed to do — not that anyone in the White House had much control over the contents!

Have you read the Durham report? The conclusion whether or not to charge shouldn’t be viewed as necessarily legally accurate.

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