RUTHFULLY YOURS

The Justice Department’s inspector general has announced that his office will conduct a review that will focus principally on FBI director James Comey’s public statements regarding the Clinton e-mails investigation during the 2016 campaign.

These were the three highly unusual announcements describing the status of the investigation in which no charges were filed: (1) the detailed presentation on July 5 of: the evidence uncovered against Hillary Clinton, a legal analysis of the applicable criminal statute, Comey’s determination that an indictment was not warranted, and his opinion that no reasonable prosecutor could disagree with his assessment; (2) the October 28 letter to Congress indicating that the Clinton e-mails case was being reopened owing to newly discovered evidence (derived from the separate investigation of disgraced former representative Anthony Weiner [D., N.Y.], and specifically from a computer shared by Weiner and his estranged wife, Clinton aide Huma Abedin); and, finally, (3) the announcement on November 6 – virtually the eve of the election – reaffirming Comey’s decision (announced July 5) not to seek an indictment.

It is undoubtedly appropriate for Michael Horowitz, DOJ’s inspector general, to consider whether these actions departed from law-enforcement protocols – as I have previously explained. But it is worth noting what the IG will not be reviewing: the Justice Department’s conduct.

The IG’s press release makes no mention of the Justice Department’s decision not to open a grand-jury investigation, despite significant concrete evidence of criminal wrongdoing – the decision that deprived the FBI of the use of subpoenas to compel the production of evidence. Neither will the IG be reviewing the multiple irregular immunity agreements granted by the Justice Department in a case in which no criminal charges were filed, including agreements that reportedly called for the destruction of evidence (laptop computers of top Clinton aides) after a strangely limited examination of their potentially incriminating contents.

There will similarly be no inquiry into why the Justice Department allowed subjects of the investigation (who had been granted immunity from prosecution) to appear as lawyers for the main subject of the investigation – despite ethical and statutory prohibitions on such conduct. Nor, evidently, will the IG be probing why the attorney general furtively met with the spouse of the main subject of the investigation – the spouse who just happens to be the president who launched the attorney general to national prominence by appointing her as a district U.S. attorney in the Nineties – on an airport tarmac just days before Mrs. Clinton submitted to a perfunctory FBI interview, after which came Comey’s announcement that charges would not be filed.

According to Gallup, the average presidential honeymoon lasts seven months. This is a window when the losing party declares a partisan peace, allows the incoming president to pick his cabinet and launch the agenda his victory mandates. Presidential honeymoons are not only a venerable American tradition they are one of democracy’s pillars. For generations they have been ceremonial supports for the peaceful transition of power, and the peaceful resolution of partisan conflicts.

Not this election year. There will be no honeymoon. This year even before Trump arrives in the Oval Office, the opposition cry has been Resist! Block! Reject! It is not just anti-American radicals like Michael Moore, who has indeed called for “100 days of resistance” to the Trump presidency, but by the leadership of the Democratic Party which has vowed to fight Trump’s appointments, has attacked the election result as an expression of popular racism, attempted to discredit the Electoral College by falsely calling it a legacy of slavery, and even accused Trump of being a Russian agent, a pawn in the chess game of its dictator Vladimir Putin. It is a sad day for America when the world’s oldest political party, whose name proclaims it a partisan of democracy, comes out in force as a saboteur of that same system.

Nor is all this simply a fit of Democratic absent-mindedness. Instead, it is the culmination of a long developing shift in Democratic Party politics, a shift symbolized by the current favorite to become its next leader. Keith Ellison is a Muslim radical who spent his formative adult years as a vocal supporter of the anti-American, anti-Semitic racist Louis Farrakhan. Ellison reflects the power of the Bernie Sanders radicals in the Democratic Party who according to recent Gallup polls now represent its majority, even though they lost a rigged primary election which would have made him the party’s presidential nominee.

The face of this new Democratic Party was revealed during a seminal moment in the second Clinton-Trump presidential debate. It came when Trump turned to the cameras and said, “Hillary has tremendous hatred in her heart.” He was referring to her now notorious statement that half of Trump’s supporters belonged in a “basket of deplorables,” which was followed by her iteration of those she had in mind: “The racist, sexist, homophobic, xenophobic, Islamophobic—you name it. And unfortunately there are people like that. And he has lifted them up.”

Next month, we will mark the 24th anniversary of the 1993 World Trade Center bombing.

The prosecutions that followed, including the one I was privileged to lead against the terrorist cell of Omar Abdel Rahman (“the Blind Sheikh”), were pivotal in the development of American national security policy. Up until the 9/11 attacks, almost all of these prosecutions took place in the jurisdiction of the United States Court of Appeals for the Second Circuit.

On Wednesday night, I participated in a Federal Bar Council program on “The Second Circuit and Terrorism” along with former Attorney General Michael Mukasey (the former chief judge of the SDNY who tried the Blind Sheikh case), Judge Joseph Bianco (my former SDNY colleague who later served as a Deputy Assistant Attorney General in the Bush Justice Department), and Roger L. Stavis (who represented Sayyid Nosair, one of the principal defendants in the Blind Sheikh case) in a panel moderated by Fordham Law School Professor Karen Greenberg (who directs Fordham’s Center on National Security). Below is my speech at the start of the program.

Since I don’t get back to my old haunts nearly as much as I’d like to, it is a thrill to be here in our grand courthouse in the Southern District of New York, among so many old friends and colleagues. It is a real privilege to participate in this panel on “The Second Circuit and Terrorism,” with people I’ve learned so much from over the last — I don’t even want to think about how many years have gone by. Let’s just say there was a lot more hair on my head, and a lot less of, well, me, when I first met most of them.

My role at the beginning of this evening is to give a brief overview of how terrorism prosecutions have evolved. What happened here in the Second Circuit, and particularly in the cases that originally sprung out of our SDNY office after the World Trade Center was bombed in February 1993, is ingrained in the foundation of American national security policy — both in terms of what the judicial system could achieve, and where other components of government needed to step up and fill security voids.

In addressing this topic, I’ve always thought it important to point out that when terrorism arrived in our homeland in the systematic way we have experienced it in the last quarter-century, nobody sat around the table and thought about how we should respond to it. There was no grand policy debate asking, “Is this a crime, or is it a war?” “Is our civilian process of criminal prosecution up to this, or do we need to resort to military justice and the ancient laws and customs of war?”

What happened, instead, was an explosion.

When a critical incident occurs domestically, regardless of whether it appears to be terrorism, a major accident, or a natural disaster, it is the first responders who answer the call — police, firefighters, emergency medical personnel, and the like. Back in 1993, we didn’t even think about the military or our intelligence community, which are restricted by various statutes and regulations from operating inside the homeland.

When South Carolina Senator Tim Scott endorsed Trump’s pick for attorney general, Alabama Senator Jeff Sessions, liberals attacked him on Twitter as inauthentically black. Scott shot down their racist attacks with dignity and class, winning widespread admiration.

Racism is still alive and well in this country, and perhaps more in politics than in the police force. If a black conservative dares to rear his head, racist liberals will silence him on account of his race. Or so it proved for a sitting U.S. senator.

“William Smith and Tim Scott are house niggas,” tweeted @Simonalisa, whose tweet (and even her Twitter account) has been deleted. Scott shut her down with one word: “Senate.”

Other liberals attacked Scott as a “house boy,” an “Uncle Tom,” and worse.

“Alabama housenigger tim scott comes through for his massa great grandson,” tweeted R T.E.D., an account whose tweets are private, Twitchy reported. To this, Scott replied, “Just BTW – SENATE.”

Another Twitter account (which presently has no tweets at all) described the South Carolina senator as “a White man in a black body” for supporting Sessions, according to Twitchy. Here, Scott revealed both grace and wit.

“Is that like a Liger?” Scott asked, without missing a beat. Helpfully, he included a link to Google search results on the word “Liger.” CONTINUE AT SITE

I like to joke that I am never wrong, then correct myself: oops, yes I was wrong once, that was on March 25, 2008, around ten in the morning. Nonsense, of course. But I do want to say, however arrogant it may appear, that I have been generally right in my political predictions. The point is not to assume a peculiar form of dispensation, but to show that being right requires only a little practice.

Here are just three examples.

1. Terror. Returning to London from a literary symposium at the University of East Anglia in Norwich in mid-June 2005, I entered the Tube station at King’s Cross on the Piccadilly Line and immediately saw that this would be an ideal place for Islamic terrorists to strike. Considering the growing Islamization of the U.K., the atmosphere of threat, the wariness of authorities to move against Islamic supremacism or even to name it, the proliferation of terror preaching imams at radical mosques, and the fact that a heavily trafficked, unsecured public transport site is a perfect venue for urban mayhem, King’s Cross seemed an obvious target. I wrote as much in the then-in-progress manuscript of The Big Lie. The attack occurred shortly afterward, on July 7, 2005. My editor Malcolm Lester had me cancel the passage prior to publication lest readers assume I had inserted it retroactively to surreptitiously affirm my prescience.

2. Obama. I wrote to my Jewish friends — some of them prominent figures in literature and journalism who were ecstatic over candidate Obama’s comforting July 23, 2008 Sderot address to the Israeli people — that the man was not to be trusted and would assuredly go back on his word. Although he was riding a wave of popularity and goodwill, I predicted that despite his syrupy phrases and consoling manner he would eventually show his true colors as Israel’s devoted enemy and would do everything he possibly could to harm the Jewish state. All that was needed to arrive at this conclusion was a modicum of research into Obama’s history, his mentorship by Marxists and Muslims reflexively sympathetic to the Palestinian victimhood narrative, and a close reading of body language and exaggerated inflection. My colleagues were amused and not a few disturbed by my evident cynicism. “Israel has a true friend in Obama,” one well-known commentator opined. To another I wrote: “Nothing this fellow says can be believed, not a single syllable. He is a liar from the womb. How can you not see that?” His reply was to accuse me of advanced paranoia.

My debate with Alan Dershowitz, hosted on FrontPage Magazine a few years later, followed the same pattern. Proud of his president for having visited the embattled Israeli town of Sderot and for having Israel’s back, he fell for every lie that escaped Obama’s lips. (As I write this, Obama has perfidiously refused to use the once-reliable American veto in the December 23, 2016 U.N. Security Council resolution against Israeli so-called “settlements,” doing major damage to the Jewish state.) As with many of my Jewish friends, Dershowitz could not admit he was wrong, but merely kept repeating a series of flabby clichés and fixed talking points, never once addressing my arguments showing that Obama was a hypocrite and an enemy-in-friend’s-clothing. It is only quite recently that the redoubtable Dersh has reversed himself, but that is always easier after the fact. “Experts” like Dershowitz, shackled to belief and convinced of superior insight, are people who learn late what was obvious early — assuming they learn at all. Thinking is harder than rethinking, which is why they are almost never right.