The disclosures that were made over the last week by Director of National Intelligence Tulsi Gabbard that President Barack Obama, the Director of National Intelligence James Clapper, the Director of the CIA John Brennan and others conspired to create a false intelligence narrative that tied Donald Trump's election in 2016 to Russian collusion was in the headlines.
This was clearly done with the intent of undermining the Trump presidency before he even was sworn into office.
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Source: https://www.foxnews.com/politics/new-russiagate-evidence-directly-point-to-obama-doj-decide-criminal-implications-gabbard |
The biggest claim by Gabbard is that Obama himself directed his key intelligence officials to manipulate the intelligence with the objective, in Gabbard's words, to "unsurp" a duly elected incoming President.
This was after the intelligence agencies had presented a report right after the election that concluded that there had been no evidence that the Russians favored Trump or had colluded with him in his election.
It did not take long for a group of hand-picked intelligence analysts to produce a new assessment that reached a different conclusion and was disseminated to the media a month after Trump was elected.
Gabbard is saying that all of this was done at the direction of Barack Obama.
The efforts by Obama and his team laid the groundwork for what would become a Trump-Russia collusion investigation that consumed most of Trump's first term and substantially hampered his Presidency.
It remains to be seen whether the DOJ will actually find any grounds to indict Obama or any of the others with a crime for what they did to Trump.
We have already seen the U.S. Supreme Court rule last year in Trump v. United States that former presidents are generally considered immune from criminal prosecutions related to acts during their term of office.
The ruling establishes a three-tier framework:
Absolute immunity for core constitutional duties for actions involving presidential duties established in the constitution such as issuing pardons, appointing officials and conducting foreign affairs.
Presumptive immunity for other official acts within the president’s authority. For example, this includes overseeing the intelligence operations of the United States. This would be a high bar for prosecutors to overcome in this case as Obama can just claim he sent the intelligence people back to make sure that Trump was not colluding with Russia. His argument will be that he did not specifically direct them to create the false intelligence narrative.
No immunity for private or unofficial acts.
In that it would undoubtedly be almost impossible to prosecute Obama for any actions he took against Trump while he was President, I believe Trump's best move would be to preemptively pardon Obama. This allows Trump to take the high road but it still sends a message to the public that Obama was complicit in the conspiracy.
Let the DOJ focus their efforts on Clapper, Brennan, Comey and the others who might have been involved in a conspiracy to undermine and delegitimize Trump's lawful election in 2016.
The question that remains is what criminal charges could be brought here?
Many mention that those involved here were engaged in "treason" but there is a very specific and limited definition in federal law for that crime.
18 U.S.C. § 2381 says, “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or imprisoned and fined, and incapable of holding any U.S. office.”
I don't see how a charge of treason could bring a conviction based on the legal definition in the federal statute.
If proven, the actions involved here are certainly egregious and did great harm to confidence in our democracy and government institutions but does not seem to rise to being at war with the United States or giving aid and comfort to our enemies.
A more likely crime that might be charged in this case is attempting to overthrow and put down the duly elected President through promoting the dissemination of false intelligence reporting. This could be considered as seditious conspiracy.
18 U.S.C. § 2384 defines the crime of seditious conspiracy as "If two or or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
If Obama's associates were charged with this crime it would be the ultimate irony as this is the same statute that a number of the high profile actors in the January 6th, 2021 protests at the U.S. Capitol were charged and convicted of.
It is important to keep one other fact in mind as you follow the reporting of this story.
Democrats and the media are trying to dismiss the charges that Tulsi Gabbard has levied here by saying that it has been previously known and accepted that the Russians had tried to influence the 2016 election.
This generally consisted of attempting to disrupt and sow discord about the democratic process rather than favoring one candidate or another.
Gabbard affirmed this but her evidence indicates that there was nothing more to Russian involvement in the election than causing overall mischief. Obama and the others ignored this finding and used fabricated intelligence (including the discredited Steele dossier paid for by the Clinton campaign) suggesting that Trump was a tool of the Russians and had colluded with them to get elected.
In fact, the intelligence that Gabbard released this week makes clear that there was no evidence that Russia preferred Trump or did anything to directly assist him let alone collude with him in the election.
In fact, I wrote a blog post in April, 2017 ("The Real Russian Scandal") when the Russia, Russia, Russia scandal was at its height and argued that nothing in the argument that Putin wanted Trump to beat Hillary made any logical sense. That was true for the simple reason that Russia's economy was so dependent on high oil prices.
And isn't money the largest motivator in the world?
For example, in 2016, 50% of Russia's federal budget revenues came from oil and gas sales and 68% of the country's exports are related to oil and gas.
This is what I wrote over eight years ago in that blog post.
Of the two candidates running for President, which of the two candidates was more likely to initiate policies that would lead to increased oil and gas prices?
Was it the candidate who wanted to build the Keystone pipeline, lift the Obama moratoriums on drilling on federal lands, lift the restrictions on new drilling technologies, rescind Obama-era EPA rules on drilling and coal and end the excessive regulations of fossil fuels?
All of these positions of Donald Trump would serve to lower oil and gas prices by increasing U.S. and global supply.
Hillary Clinton's policies would have done the exact opposite. In fact, she was on record during the 2016 campaign as saying that "we need to move away from coal and all the other fossil fuels as energy sources". That was about the same time she was saying she would put all of the coal workers in the United States out of work. She might have thought those statements were in her own self-interest in order to play to her liberal left base of voters. However, it could not have been further from our nation's economic self-interest.
At the same time, if you were sitting in Vladimir Putin's chair, wouldn't those positions be music to your ears? What could be better for Putin than a U.S President who wanted to exorbitantly raise the prices of fossil fuels in order to make green energy projects more viable?
As we watch what may come of the Tulsi Gabbard intelligence disclosures there is one more question that I think everyone should keep in mind.
What was the real reason that the President of the United States and his people were so intent on undermining or discrediting the next President?
Why would they do what they did?
Why would they risk their careers on all of this?
What was their real motivation?
What were they really hiding?
What were they so afraid of with having Donald Trump sit in the Oval Office that they would go to these extraordinary lengths to subvert and undermine our democratic process?
I wrote a blog post on that subject in 2018 titled "Mendacity and Misdirection' where I suggested that everything about the Russian Collusion story made no sense.
It looked to me to be misdirection to hide their own misdeeds that they feared that Trump would unearth.
Everything involved here looks to me like an attempt at misdirection to take the focus off of Obama, Clinton, the Democrats and the FBI. Their objective is to point their finger at Trump and the Russians so that no one is pointing the finger at them.
I was in law school at the time of Watergate.
If Watergate showed us anything it is that the cover-up always seems be worse than the original crime in Washington.
Watergate began with a bungled robbery of the Democratic National Committee offices by former CIA operatives in an attempt to gain access to DNC files and wiretap the offices. There was never any proof that I saw that Richard Nixon knew about the plans for the original break-in. However, he did get involved in attempting to cover-up his campaign's involvement after the fact. It finally led to his resignation
Does any of that sound familiar?
However, Watergate is nothing compared to what possibly occurred in this case. This is a million times worse.
We may have had the FBI and Department of Justice being weaponized to attempt to force a duly elected President from office. The scary thing is that it could very well have been done to simply cover-up their own mendacity and misdeeds.
There is undoubtedly much more that we have yet to learn.
It took a long time for the truth to come out about Watergate and that was with a determined press who desperately wanted to find Nixon guilty of a crime.
It is ironic that the media today is doing everything in its power to aid in the misdirection. There is little interest in finding the truth.
It should give all Americans great concern.
We can only hope that truth will prevail and that Lady Justice really has the blindfold on when it does.
It does often take a long time for the truth to come out.
Perhaps we are getting closer to finding out in this case.
However, finding out the TRUTH and seeing justice prevail are two different things.
Sadly, it is unlikely that we will ever see the justice we should see.
We may have to just be satisfied in finding out the truth as to why all of this was done.