Steve turns to
Shakespeare for clues as to “what the President knew, and when he knew it.”
Perhaps now we can focus on how to “repeal and replace” the real problem.
The epic crash you heard on Friday afternoon was the sound
of Donald Trump’s two year binge of lying and ignorance about Obamacare
suddenly colliding with truth about 21 percent of the nation’s gross domestic
product. When all was said and done, the only two things that Donald Trump has
ever known about the complex world of healthcare was his infantile mantra that
“Obamacare is a disaster,” and now, that this assessment was wrong.
But as humiliating as this Republican internecine head-on
collision proved to be, it was actually not the worst thing that happened to
Donald Trump this week. Last time I
looked, woeful ignorance, boundless arrogance, and colossal mismanagement are
not among the items listed in Article II, Section 4 of the Constitution as
legitimate grounds for impeachment of the President.
And perhaps the silver lining for Donald Trump in bungling
one of his most central campaign promises is that it certainly diverted
attention from the arguably more devastating news that was delivered earlier in
the week. In fact, by Tuesday, a number of pundits had already concluded that
this was the worst week of his Presidency, and the healthcare debacle hadn’t
really begun yet.
No, what happened on Monday afternoon in the House
Intelligence committee may prove to have far more grave implications for Donald
Trump than punting on healthcare.
Long ago and in a galaxy far, far away, a Senator from
Tennessee name Howard Baker earned immortality in the “quotable quotes”
hall of fame by framing a two-part question: “What did the President know, and when did he know it?” Watergate
geeks have always understood that the latter question was the more profound. It
was chronology that cemented the existence of a cover-up, and it was the
cover-up – not the crime – that brought Richard Nixon down.
Monday’s testimony by FBI Director Comey was eye-opening
for many reasons, but the most basic shocker was his simple acknowledgement
that the FBI was conducting an ongoing investigation of possible collusion
between the Trump campaign and the Russian government to influence the outcome
of the U.S. Presidential election.
The implications of this investigation are nothing short of
existential for the Trump White House. Many people believe that the only constitutional
definition of grounds for impeachment is the vague language about “high crimes
and misdemeanors,” but the actual language in the United States
Constitution also includes the words “treason” and “bribery.” Collusion
with a foreign government to undermine the free and fair election process is
not some hard-to-define “high crime or misdemeanor.” It is treason.
And if the President is aware that any such collusion took
place, then he is currently actively engaged in a cover-up. What did the President know, and when did he
know it? If the answer is that it already
happened and he knew about it,
Donald Trump’s presidency may have already hit the iceberg.
As we unpack what unfolded in the hearing and in the days
that followed, there were any number of tantalizing components that suggest the
possibility of a gash below the waterline.
But of all the unanswered questions posed, the one that is
most intriguing is this: Why did Comey decide to announce the existence of an
investigation, and why now?
Let’s begin with reading of the hypothetical charges. Adam
Schiff, ranking Democrat on the House Intelligence Committee, used a portion of
his time to proffer a specific hypothesis into the public record that would
constitute collusion between the Trump campaign and the Russian government. It
was a simple quid pro quo: the Russians would disclose damaging information
they had collected about Hillary Clinton’s campaign, and, in return, the Trump
campaign would soften Republican positions to be more beneficial to Russia.
Independently, all three of the facts upon which Schiff’s
hypothesis rests are now broadly held to be factual: (1) while the Russians
hacked both campaigns, they only released damaging information about Hillary
Clinton’s, (2) it has been widely established that Trump campaign officials met
with representatives of the Russian government in and around the timeframe of
the Republican Convention, and (3), a crucial change was made to the Republican
platform regarding policy toward Ukraine, in which language advocating that the
United States would provide the Ukraine with "lethal defensive
weapons" was changed to the far softer stance of offering
"appropriate assistance."
All the dots exist; the issue now is for the FBI to
establish beyond a shadow of a doubt that a deal was struck; that the action
taken by the Russians was the quid pro quo for the change in the platform
language.
Later in the week, Schiff would make a far more remarkable
(yet oddly less publicized) assertion about the committee’s investigation. He
stated that the committee is already in possession of evidence that is “more
than circumstantial,” which is hard to interpret as anything other than hard,
direct evidence. Is it an exchange of email? An audio tape of a conversation? A
trail of money? Testimony from a known Russian agent?
It is difficult to read what Representative Schiff is saying
without concluding that the investigating agencies already have a workable case
against some officials in the Trump campaign. And that is what makes a second
issue so interesting…
The second reason to believe that the Trump presidency has a
huge gash below the waterline is the simple duration of this investigation. The existence of an FBI investigation
surprised no one. The fact that Comey acknowledged it publicly was startling, but
the fact that it has been going on since July, 2016 blew minds all over
Washington. This meant that there was already enough troubling information as
of last July to warrant an investigation, and it has been an ongoing
investigation for nine months.
In short, if the Trump campaign hit Schiff’s iceberg, it
happened in July. That's when the Republican convention was held in Cleveland.
It is when the language changed in the platform, and it is when a variety of
Trump campaign officials met with Sergey Kislyak, the Russian Ambassador. If
there was a deal, it was struck in Cleveland.
We also know that the FBI has been diligently checking out
the reliability of the information collected by British Agent Christopher Steele,
the author of the famous “dossier” that was commissioned for political
purpose by Trump’s campaign rivals to investigate Trump’s business dealings
with Russia. That famous dossier included allegations that the candidate
himself was aware of the contacts and the nature of the discussions between his
campaign staff and the Russians. And reports are that so far, Steele’s info has
been checking out as reliable.
What really happened? What did
Trump know? And when did he know it?
It’s easy to speculate that Comey has been spending the last nine months trying
to definitively establish – without a shadow of doubt – whether Trump was aware or
not aware. Comey could not care less whether some low level functionary on
Trump’s campaign staff chatted it up with the Russian ambassador in Cleveland
last July. All he cares about is whether Trump knew, when he knew, and that his
information is 100% accurate. James
Comey has had an uneven run as head of the FBI, and he has already been
irretrievable scorched by speaking without full benefit of fact once before.
This time, with these stakes, he is not going to say a thing until he is
certain. And that will take time.
But the most blatant clue about
the nature, actors, and structure of possible collusion between the Trump
campaign and Russia is being played out in plain sight, never more obviously
than in Monday’s press briefing by the long suffering White House spokesperson Sean
Spicer.
Sean Spicer is increasingly
resembling a dummy under the uneven command of an amateur ventriloquist, and
his comportment before the White House press corps is, in a very real sense, theatre. Spicer is marched out by the
Trump administration to perform a mixture of badly written fiction and poorly
executed improv. He is the thespian tasked with acting out the fantasies and
untruths of the Trump administration before a live theatre audience.
Sean Spicer is a one-act play, and the play’s the thing wherein we’ll catch
the conscience of the king.
It is plain as day from what Sean
Spicer parrots from Donald Trump that Donald Trump has an exceedingly guilty
conscience.
If Donald Trump believed in his
heart and soul that Paul Manafort had never made any deals with the Russians,
he would have send Sean Spicer to the podium with this line: “Paul Manafort is
a gentleman of the highest integrity and patriotism, a man who would rather die
than commit any act that might bring dishonor to his country, and President
Trump challenges Director Comey to find the tiniest sliver of impropriety on
the part of this great American.” That’s what you say when you deeply believe
that your guy is not guilty.
But instead, Trump sent his thespian
on stage to read a very different script, one that clearly attempted to
distance Trump from Manafort, who was Trump Campaign Chairman from March to
July, including the timeframe of the Republican convention under question. Implausibly, Spicer attempted to create a
smoke screen to conceal the very direct and daily connections between Manafort
and Trump, by characterizing Manafort as having a small role of short duration.
Saying Paul Manafort had a “small
role in the campaign” is like saying that the white whale had a “small role” in
Moby Dick.
Or consider Spicer’s take on
dismissed National Security Advisor Michael Flynn, who served as the campaign’s
key advisor on national defense. The Oscar for Best Supporting Actor definitely
does not go to Sean Spicer, who attempted
to minimize Flynn’s role by characterizing him as a “volunteer,” somehow hoping
that we would infer that his campaign role was as marginal as an earnest
sophomore from Iowa State who was stuffing envelopes for the primary.
Ah, the play. The play’s the
thing wherein we’ll catch the conscience of the king. But it could be that
Spicer’s one act play is actually just the first act in a bigger piece of
theatre.
Consider for a moment that if
Donald Trump were really all that smart, he’d know just how exceedingly
dangerous Spicer’s treatment of Manafort and Flynn really is. Both men can
reasonably conclude that they are being hurled under the bus. Both also know that Trump is aware that they
communicated with the Russians, and both suspect that Comey can prove it. But
they also know that the only thing that Comey cannot prove at this point (or he
already would have!) is that Manafort and/or Flynn were acting under Trump’s direct
knowledge and authority.
It’s a funny thing about throwing
people under the bus. People with huge tire tread marks over their torso
tend to feel abandoned, wronged, and mighty pissed off. So when Comey comes
knocking on Manafort’s door with a series of lesser charges, Manafort’s destiny
may well be to cop a plea in exchange for fingering the boss.
Which leads to an intriguing
theory about why Comey went public with the investigation. He wanted Trump to
publicly react to the news that Manafort and Flynn were under the microscope.
He wanted to find out whether Trump would defend them, dump them, or just hide.
He got his answer in less than an hour.
In other words, Comey was
theatre, too. Comey is Act Two.
Comey’s entire performance was
orchestrated so that Manafort would come to understand whether the White House
would protect him or dump him. Now Comey can go to Manafort and turn over all
of his aces. He can suggest that Manafort take a risk on a charge of treason,
or he can propose that Manafort tell the FBI what he knows about Trump.
Is there an Act Three?
It just happens that there is a
new play on Broadway called “The Present.” It is based on an unpublished script
by Russian (of course!) playwright
Anton Chekhov. Chekhov, of course, is famous for his theory of the need for
concision in writing, summed up succinctly in the phrase, “If there is a gun on
the wall in the first act, it better go off in the third act.”
What gun will go off in this Act
Three?
The gun on the wall in Act One is
a smoking gun. Somewhere in Cleveland, somebody got taped talking to somebody.
The problem is that those tapes are held by Vladimir Putin. Perhaps the most
fascinating dimension of this story is the extreme likelihood that every
question that the FBI wants answered is already neatly filed and cross-tabbed
somewhere in the bowels of the Kremlin. The Russians may have been vaguely
interested in changing the language in the platform document of a party that
was then on a fast track to an epic electoral defeat, but I doubt it. The
suspicion has to be that the deal struck in Cleveland was simply finding out
just how willing Trump’s team was to cooperate on rigging schemes. Because
the Russians knew that if they had proof of such activity, then they would hold
the Republicans where it hurts. Proof in the form of audio and videotape of the
quid pro quo in progress. So Comey is working around the clock to understand
the scope and content of conversations that exist in full in Russian vaults.
The smoking gun in Act One going to go off in Act Three is
when Vladimir Putin decides that having Donald Trump as President as the United
States is not as much fun as he thought it would be.
Vladimir giveth, and Vladimir can taketh away.
All in all, a bad week for Donald Trump.
Funny how that seems to equate to a good week for America.
Out of my weakness and my melancholy,
As he is very potent with such
spirits,
Abuses me to damn me. I’ll have
grounds
More relative than this. The play’s
the thing
Wherein I’ll catch the conscience of
the king.
William Shakespeare
Hamlet
Act 2, Scene 2
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