If They Can not Control Trump While He is Cocooned, How Are The Intelligence Services Going to Keep The Secrets That Trump Knows Secure After He Leaves the White House — However and Whenever That May Turn Out to Be?

If I were a senior executive at Langley (CIA) or in the Hoover Building (FBI), I would not only be wondering how to keep the removal momentum going, but I would also be starting to think about how the endgame has to be structured to keep a “liberated” Trump from doing even worse damage after he is no longer in the White House.  Its going to be a problem however and whenever he finally leaves.

If we have seen anything in the last four months, it is that even a Trump with a rational national security staff around him all the time, and a secret service that can keep him away from most people, can do immense damage to our national security interests.  (“I never said Israel.”)

Take those, and the rest of the cocoon away, and literally anything can happen.  Here are three general possible approaches.

Approach One – Ongoing Cocooning:  Make sure that the end game plays out so that Trump remains under cocooned.  The only sure ways to do that are to imprison him, or put him in a mental institution.  There are likely already grounds for either.

Approach Two – Threatened Cocooning:  Create massive incentives to ongoing compliance.  I.e. have him so that he understands that approach one is triggered if he crosses certain lines.  I do not think that is likely to be reliable.

Approach Three – Information deprivation:  Make sure, starting now, that he really does not know anything that can do any harm.  For all we know, his briefings may well already be carefully structured with this in mind.  Indeed, after this trip, I am not sure it is not professional malpractice to tell him anything that is both true and secret.

The benefits of approach one (ongoing cocooning) accrue to many beyond the intelligence community, so that may well be the one chosen path, if only because it will be easier to build a behind the scenes consensus for the approach.

But following the approach of “stifle and isolate,” maybe it is safer to combine one (cocooning) and three (information deprivation).  The advantage of number three is that the public and the base need never learn of it.

These are such unusual times, that you do not have to be a rabid conspiracy theorist to be thinking along these lines.  I can imagine that many would see it as their duty.

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This May All Be Over Much Quicker Than Anyone Expects

There are several reasons why the received wisdom about the speed of the Trump removal process may be completely wrong.  Not surprisingly, most of the reasons relate as much to the political as to the legal context.

One:  Perhaps most importantly, unlike in prior impeachment situations, even this early, almost everyone in Washington really wants Trump gone.  There are literally only about 50 people for whom this is not true.  The difference between the parties this year is that the Democrats are not upset when people figure it out, but the Republicans are terrified about their base doing so.  (When the Republicans say they want to get all the facts out about malfeasance on their side, you know the subject of the investigation is in deep trouble.)

Two:  A prima facie case of obstruction of justice by President Trump has already been made out, most of it from his own statements and admissions.  This comes from his firing of Comey, his statement that he performed the firing because of his feelings about the Russia investigation, his statement to the Russians that he (and they) have gained from what he believed to be the successful firing.  While that alone is probably enough, there will be plenty more.  This could go to a grand jury very quickly.

Three:  This time round, no one seems to be suggesting any barriers, such as Executive Privilege or National Security, to getting the information quickly.  This is in very marked contrast to 1972 – 1974, when it took well over a year to resolve the barriers.  I think the main reason is listed in number one  above, that no one wants to protect Trump, it is just that one party does not want that fact to be too obvious.  It is also partly that Trump has waived many of the legal issues by his tweeting and statements.  I think it is less the reason for the absence of such privilege claims that the legal issues have already been resolved — US v. Nixon gave Nixon no outs, but clever lawyers have since then, with a sympathetic audience been able to find new arguments — it’s just that there is no such sympathetic audience outside the immediate Trump family and their hangers on.

Four:  It really does not matter whether a President can be indicted or not.  You just charge a conspiracy to obstruct justice, name the President as an un-indicted co-conspirator, and get all the information to Congress.  This is what happened with Nixon, in that case with the permission of the judge overseeing the grand jury (the now largely forgotten hero John Sirica.)

Five:  In today’s digital environment, not only is there additional evidence everywhere, but the process of finding and putting it in the right order will move much quicker.  In the Watergate investigation it look months to get all the interlocking evidence hand typed onto sorted color-coded index cards.  The timeline can be ready for grand jury presentation soon.

Six:  If they can get rid of Trump, the Republicans want it done as fast as possible.  This is because the other prong of the investigation, the one dealing with the underlying Russia collusion, is going to take much longer, but if successful, it is potentially much much more damaging to the legitimacy of Republican power.  If by the time we get a new President it is clear that the Democrats should or might have won without the collusion, the pressure on Pence to offer the Vice Presidency to Tim Kaine will be immense, and we will be in a period of coalition government.  If the Republicans do not accept something like this, they will be killed at the next election, whether midterms or the presidential.  Even if they do accept it, much of their radical agenda is gone.

So, almost all the rational incentives align in the same direction.

The only questions are whether the Republicans can figure this out, and if the Democrats want and are able to, can figure out how to take advantage of the alignment.

Actually, the main reason I now think that impeachment is the more likely route is that Republicans do not have to be the ones obviously triggering the process, at least until very near the end of the game.  In contrast, if they used the 25th Amendment, it would basically Republicans starting and managing the process.

But, that choice of remedy analysis assumes that new bombshell inherently destructive of Trump’s relationship with his core base comes out — and that might happen tomorrow at 5 PM.  Tax returns, anyone.

 

 

 

There is a Remedy For Gross Errors in Presidential Judgment that are Not Explicitly Forbidden By Law. Do Not Let the Republicans Off that Hook

Trump’s recent behavior, in which he engages in acts that show an absolute absence of appropriate presidential judgment might well not constitute “high crimes and misdemeanors,” for which impeachment is the remedy.

It is largely ignored right now, because of Republic cowardice, but there is a component in the constitutional scheme that does plug that gap, and it is the 25th amendment, triggered by a determination that:

“the President is unable to discharge the powers and duties of his office

Now, triggering that process does require the certification of the Vice President and the majority of the cabinet, so its a stretch right now, but at some point so much damage will become clear that the president is “unable.”

Perhaps most importantly, a failure by Pence and others to make use of their power might ultimately become an additional major political liability, as the obvious costs of the US and the world increase.  So it important to keep drawing attention to it.

The Republicans are in a narrower and narrower vice.  Lets make sure they are held to it.

 

 

 

 

An Additional Example of The Breakdown of Nation State Autonomy– White House staff and Trudeau

At one level, this is astonishing. From The Hill.

White House officials enlisted Canadian Prime Minister Justin Trudeau to help convince President Trump not to unilaterally withdraw from the North American Free Trade Agreement (NAFTA), according to a Monday report.

The unique and potentially embarrassing approach, which was first reported by Canada’s National Post, apparently worked. Following phone calls with Trudeau and Mexican President Peña Nieto, Trump backed off of reported plans to pull out of NAFTA last month.

Instead, Trump announced that he would renegotiate the 23-year-old deal agreement among the U.S., Canada and Mexico.

I am sure this will draw attention mainly as yet another example of the dysfunction of the White House and its nominal occupant.

But the idea that the staff of a nation’s chief executive would find it appropriate to bring in as an ally the chief executive of another country to change their own bosses mind is in fact merely symptomatic of the fact that today the real disputes are between loose alliances of elites whose loyalties and communications now cross national boundaries.

It is related to the interest of foreign countries in state by state politics in the US, is reflected in part by Flynn, and whoever else is ultimately implicated in “Russiagate,” (what did the President know, and when did he know it?) not thinking through what they did.  It is surely also reflected in the myriad state department staff who have tried to reassure elites among our allies that we are not yet as unpredictable as monitoring twitter might suggest.  Think about the conversations between Brussels officials and the British Civil Service right now.  Or between Bannon and LePenn.

At least arguably, the problem for Flynn, and whoever, is not that they had conversations, but that they made no distinctions between our friends and our allies, or rather that their actions reflected a lack of understanding that there is a distinction.

The fact is that as national interests become more and more interconnected, this is an almost inevitable process.  The questions are how to manage it so that the interests of the excluded are not even more abandoned, and how to see this as part of the process of creating trans-national institutions and governments.  Would the United States ever have been established if the leaders of the thirteen states had not already somewhat  known each other, and known whom they could trust.

We need very new ways of thinking about this.

Why Did Sessions Not Report His Russian Contact to the FBI?

According to the Washington Post:

One of the meetings was a private conversation between Sessions and Russian Ambassador Sergey Kislyak that took place in September in the senator’s office, at the height of what U.S. intelligence officials say was a Russian cyber campaign to upend the U.S. presidential race.

Given the context, I find it hard to believe that Sessions would not have told State, FBI, CIA or NSA about that contact.  Moreover, surely any sane politician would have written a “memo to file” as a future potential defensive tool.  I would have assumed that they one or more of the above would have known anyway.

I regard the apparent absence of both (or even just a failure to report them by now), as something close of consciousness of guilt — although I have no personal knowledge of such general procedures, or what he did.

This story is just not going to go away.

 

Developing an Algorithm to Find Out What Trump is Most Frightened Of

Let me suggest that it would be quite simple to develop an algorithm to get inside Trump’s brain.

Imagine two steps.

One:  Identify the Trump statements/tweets that get the most attention with numbers.   The numbers  measuring attention come from news stories, searches and retweets.  (There is an assumption here that the Trump operation is skilled at this, and so the do the most effective stuff when they feel they most need to.)

Two:  Identify any event of news focus that occurred shortly before the Trump statement/tweet.

Then sort the table based on the data behind the first column, and look for patterns.  My guess is that we will quickly see what the Trump operation feels it is most important to divert attention away from.

The algorithm is based on a technique used by George Smiley in John LeCarre’s novels to identify when British intelligence is getting closest to identifying the “mole.” The Russians and mole then respond with dramatic intelligence to divert attention.

Any Innocent Administration Would Be Urging a Full Investigation to Repair Their Credibility

To be effective, a government has to be credible.  To be effective the Trump administration is desperately in need of a process that will both give in a breather in the short term, and credible proof of innocence in the long term about the whole Russia thing.

So they should be out there leading the establishment of such a process on investigation into the Russian scandal.  It would have to be set up so its product would be so solid and so credible that it was essentially unanswerable.

So why are they not doing so.  Well, there are three possible reasons.

  1. That they are so short term oriented that they do not understand this truth about credibiity.
  2. That they are in such chaos that they are unable to put any investigation together.
  3. That they are so guilty that the last thing they want is an investigation of any kind.

I will go with number three.  But if number two is true, we should see the investigation set up in a few weeks.  If number one is the reason, then it may take a bit longer, but wiser heads should prevail relatively soon.

Or perhaps most likely, all three could be true, in which case this story will play out much faster than we expect.