White House

Did the Obama Administration Spy on Trump Using Flimsy Evidence?

President Barack Obama and Attorney General Loretta Lynch at the White House, May 29, 2015. (Kevin Lamarque/Reuters)
It’s completely reasonable to find out.

If the Justice Department and FBI are, as we’ve been told incessantly over the past year, not merely patriots but consummate professionals incapable of being distracted by partisanship or petty Washington intrigues, why are Donald Trump’s antagonists freaking out over the fact that an inspector general will assess whether political motivation tainted an investigation into the president’s campaign? The American people should get a full accounting of what transpired during 2016. Isn’t that what we’ve been hearing since the election?

You believe President Trump is corrupt. We get it. But surely anyone who alleges to be concerned about the sanctity of our institutions and rule of law would have some cursory curiosity about whether an investigation by the administration of one major party into the presidential campaign of another major party was grounded in direct evidence rather than fabulist rumormongering. Otherwise any administration, including Trump’s, could initiate an investigation for whatever cooked-up superficial reason it wants. Then, when a constitutionally empowered oversight committee demands information about that investigation, the DOJ could accuse it of “extortion” and stonewall for years.

I don’t know if there’s a big conspiracy by the deep state. I doubt it, in fact. But it’s pretty obvious to me that leaders of our institutions aren’t above spying. Then–CIA director John Brennan spied on the legislative branch and lied about it to the American people. Then–director of national intelligence James Clapper spied on the American people through a domestic surveillance program and lied about it to Congress. Although the Obama administration never tweeted nasty attacks on journalists, it did spy on and prosecute them. It’s completely plausible that those in the upper echelon of law enforcement saw Trump as a threat and then used wobbly evidence as the pretext to investigate his campaign. If not, it’ll be good to clear their names.

A truly silly New York Times headline last week read “FBI Used Informant to Investigate Russia Ties to Campaign, Not to Spy, as Trump Claims.” You can call it whatever makes you happy, but in the real world, the act of furtively gathering information about someone else is called spying.

Perhaps all of this will lead to nothing exciting. Perhaps the competing narratives that have sprung up around Trump and Russia will end far less dramatically than their champions hope. But when rule-of-law enthusiasts keep arguing that the DOJ is independent of the president and then turn around and argue that a congressional oversight committee shouldn’t have the right to ask the executive branch for documents pertaining to its inquiry, one begins to suspect that perhaps some of the hyperbolic rhetoric we’ve been hearing over the past two years has been little more than partisanship.

Most of those arguing that Trump is attacking the constitutional system by demanding the DOJ investigate its conduct know full well that he has full authority to do so. Many sat quietly for eight years of executive abuse. It’s not as if the president instructed the DOJ to stop following the law, after all. He had as much ammunition to ask for an investigation as Democrats had when asking for a special counsel.

Perhaps Mueller will bring the goods at some point. But to this point, there has not been any evidence to back up the hysteria that followed 2016.

Presidents ask the DOJ to do all kinds of things all the time. If the attorney general doesn’t like it, he can resign. If the folks running the DOJ or FBI don’t like it, they can quit. If Congress doesn’t like it, it can impeach the president. That’s the constitutional system under which every president, including Trump, functions.

Is Trump pushing the issue for political reasons? Of course. If special counsel Robert Mueller doesn’t come back with any evidence of collusion — all the other indictments and criminality he has found matter, of course, but they have nothing to do with the impetus for the investigation — it will be all the more important to figure out what the previous administration was up to. Precedent and history matter.

The New York Times recently ran a 4,000-word ostensible overview of the FBI’s Trump-Russia probe, which fed the impression that investigators were tougher on a hapless Hillary Clinton — whose accidental blunders and honest mistakes ruined her chances of election — but ignored Trump’s nefarious ties to a foreign power. The problem with this tale, as it stands now, is that there was an abundance of evidence suggesting that Clinton was engaged in criminal activity — sending numerous classified and top-secret documents via unsecured servers, destroying evidence, etc. Perhaps Mueller will bring the goods at some point. But to this point, there has not been any evidence to back up the hysteria that followed 2016. It’s completely reasonable to find out what prompted it.

If, as I’ve been assured by numerous smart people, the FBI and DOJ would never ever engage in such partisanship or recklessness — or maybe ineptitude — then a methodical accounting of events leading up to the special counsel investigation would help them.

© 2018 Creators.com

David Harsanyi — David Harsanyi is a senior editor of the Federalist and the author of First Freedom: A Ride through America’s Enduring History with the Gun, From the Revolution to Today

Most Popular

U.S.

Yes, Hillary Should Have Been Prosecuted

I know this is ancient history, but — I’m sorry — I just can’t let it go. When historians write the definitive, sordid histories of the 2016 election, the FBI, Hillary, emails, Russia, and Trump, there has to be a collection of chapters making the case that Hillary should have faced a jury ... Read More
Culture

Staying on the Path

Dear Reader (Including those of you who are no longer my personal lawyer), Almost 20 years ago, I wrote in this space that the movie A Simple Plan was one of the most conservative movies of the 1990s. In case you haven’t seen it, the plot is pretty straightforward, almost clichéd. It focuses on three men ... Read More
Sports

Let the World Have Soccer

The United States of America did not qualify for the World Cup this year. Good for us. Soccer is corrupt, hyper-regulated, impoverished by a socialist-style fondness for rationing, and organized to strangle human flourishing. It is so dependent on the whims of referees that is in effect a helpless captive of the ... Read More
Immigration

Child Separation at the Border

If you want to read a thoughtful and constructive explanation and partial defense of the policies being implemented by the White House, you should read this piece by Rich Lowry. If you want to read a trollish and counter-productive screed fit for a comment section, read the White House’s official press ... Read More