Anonymous ID: f88184 Jan. 13, 2019, 4:30 p.m. No.4743928   🗄️.is 🔗kun

>>4743892

>He believes they (Republicans) will also try to block special counsel Robert Mueller’s report from becoming public…

>“One thing I do know, though, is whatever it is, even if it exonerates the president, fine. But this I do know: I want whatever it is, for the Congress to have it, and I want the public to have it, so that everybody can make a judgment.”

 

Cumming talks out both flaps of his fronthole

Anonymous ID: f88184 Jan. 13, 2019, 4:57 p.m. No.4744248   🗄️.is 🔗kun   >>4270 >>4410 >>4550

https://www.lawfareblog.com/what-grounds-can-fbi-investigate-president-counterintelligence-threat

 

The New York Times reported on Jan. 11 that the FBI “began investigating whether President Trump had been working on behalf of Russia against American interests” soon after Trump fired FBI Director James Comey in May 2017. In other words, the FBI opened a counterintelligence investigation on the president.

Because the president determines the U.S. national security interest and threats against it, at least for the executive branch, there is an argument that it makes no sense for the FBI to open a counterintelligence case against the president premised on his being a threat to the national security. The president defines what a national security threat is, and thus any action by him cannot be such a threat, at least not for purposes of opening a counterintelligence investigation.

One danger in the what the FBI apparently did is that it implies that the unelected domestic intelligence bureaucracy holds itself as the ultimate arbiter—over and above the elected president who is the constitutional face of U.S. intelligence and national security authority—about what actions do and don’t serve the national security interests of the United States. It further suggests that the FBI claims the authority to take this step on the basis of the president’s exercise of another clear presidential prerogative—the firing of the FBI director in connection with the Russia investigation, which the Times says was the final predicate for the FBI’s action. And it took this step did without any formal guidance on the books for applying counterintelligence rules to the president, akin to the special counsel regulations. Beyond the organizational and legal questions raised by these steps, if the FBI can open up a secret counterintelligence investigation of the president based on its belief that his actions threaten national security, it would chill controversial presidential foreign policy actions that the Constitution says are solely the president’s decisions to make, for better and worse.

If indeed the FBI took the unprecedented step of opening a counterintelligence investigation directed at the president premised on his threat to national security, I hope the bureau had much stronger evidence for doing so than the Times story provided—and I hope that something of investigative substance actually turned on it. Otherwise, the step strikes me as deeply imprudent.