Democrats Have Abandoned Civil Liberties
The Blue Party’s Trump-era Embrace of Authoritarianism Isn’t Just Wrong, it’s a Fatal Political Mistake
Matt Taibbi
May 15
Emmet G. Sullivan, the judge in the case of former Trump National Security Adviser Michael Flynn, is refusing to let William Barr’s Justice Department drop the charge. He’s even thinking of adding more, appointing a retired judge to ask “whether the Court should issue an Order to Show Cause why Mr. Flynn should not be held in criminal contempt for perjury.”
Pundits are cheering. A trio of former law enforcement and judicial officials saluted Sullivan in the Washington Post, chirping, “The Flynn case isn’t over until a judge says it’s over.” Yuppie icon Jeffrey Toobin of CNN and the New Yorker, one of the #Resistance crowd’s favored legal authorities, described Sullivan’s appointment of Judge John Gleeson as “brilliant.” MSNBC legal analyst Glenn Kirschner said Americans owe Sullivan a “debt of gratitude.”
One had to search far and wide to find a non-conservative legal analyst willing to say the obvious, i.e. that Sullivan’s decision was the kind of thing one would expect from a judge in Belarus. George Washington University professor Jonathan Turley was one of the few willing to say Sullivan’s move could “could create a threat of a judicial charge even when prosecutors agree with defendants.”
Sullivan’s reaction was amplified by a group letter calling for Barr’s resignation signed by 2000 former Justice Department officials (the melodramatic group email somberly reported as momentous news is one of many tired media tropes in the Trump era) and the preposterous “leak” of news that the dropped case made Barack Obama sad. The former president “privately” told “members of his administration” (who instantly told Yahoo! News) that there was no precedent for the dropping of perjury charges, and that the “rule of law” itself was at stake.
Whatever one’s opinion of Flynn, his relations with Turkey, his “Lock her up!” chants, his haircut, or anything, this case was never about much. There’s no longer pretense that prosecution would lead to the unspooling of a massive Trump-Russia conspiracy, as pundits once breathlessly expected. In fact, news that Flynn was cooperating with special counsel Robert Mueller inspired many of the “Is this the beginning of the end for Trump?” stories that will someday fill whole chapters of Journalism Fucks Up 101 textbooks.
The acts at issue are calls Flynn made to Russian Ambassador Sergei Kislyak on December 29th, 2016 in which he told the Russians not to overreact to sanctions. That’s it. The investigation was about to be dropped, but someone got the idea of using electronic surveillance of the calls to leverage a case into existence.
In a secrets-laundering maneuver straight out of the Dick Cheney playbook, some bright person first illegally leaked classified details to David Ignatius at the Washington Post, then agents rushed to interview Flynn about the “news.”
“The record of his conversation with Ambassador Kislyak had become widely known in the press,” is how Deputy FBI chief Andrew McCabe put it, euphemistically. “We wanted to sit down with General Flynn and understand, kind of, what his thoughts on that conversation were.”
A Laurel-and-Hardy team of agents conducted the interview, then took three weeks to write and re-write multiple versions of the interview notes used as evidence (because why record it?). They were supervised by a counterintelligence chief who then memorialized on paper his uncertainty over whether the FBI was trying to “get him to lie” or “get him fired,” worrying that they’d be accused of “playing games.” After another leak to the Washington Post in early February, 2017, Flynn actually was fired, and later pleaded guilty to lying about sanctions in the Kislyak call, the transcript of which was of course never released to either the defense or the public.
Warrantless surveillance, multiple illegal leaks of classified information, a false statements charge constructed on the razor’s edge of Miranda, and the use of never-produced, secret counterintelligence evidence in a domestic criminal proceeding – this is the “rule of law” we’re being asked to cheer.
Russiagate cases were often two-level offenses: factually bogus or exaggerated, but also indicative of authoritarian practices. Democrats and Democrat-friendly pundits in the last four years have been consistently unable to register objections on either front…
https://taibbi.substack.com/p/democrats-have-abandoned-civil-liberties