Friday, February 02, 2018

The Nunes Memo Casts More Suspicion on the GOP Than It Casts On The FBI

In early 1933, Adolf Hitler became Chancellor of Germany.

In March, their parliament passed the Enabling Act that gave Hitler dictatorial powers.

In December 1933, the oaths sworn by members of the armed forces, law enforcement and the civil service, were changed from an oath to serve Germany to an oath to obey Adolf Hitler. A loyalty oath. A personal loyalty oath.

This recent news about Trump’s demand of personal loyalty from DOJ officials and FBI officials has a very dark precedent not from American tradition but from Nazi Germany.

I am not surprised Donald Trump would go this way. I am dismayed and disturbed to see how Republicans are enabling him. (See the Enabling Act, above)

When will Republicans stand up for American law and order and push back?

Republican leaders are charging that the FBI, the DOJ, and our intelligence agencies are biased. The President* sees this bias in anyone who threatens him by investigating matters that might incriminate him, anyone who threatens him by fulfilling his or her duties, who won't swear an oath to Donald Trump. The latest fears of Donald Trump stem from FBI agents following probable cause to investigate matters that seem to involve the president himself.

This "bias" Trump is objecting to appears to be based on something called probable cause. Probable cause is information that hasn't been proved yet, but probable cause prompts further investigation and these elements of probable cause are part of the application for a warrant.

The key point is this: Probable cause to investigate a crime does not vacate any investigation because of bias.

If law enforcement has probable cause to investigate they are obligated to investigate. Saying otherwise amounts to dangerous blindness to official duty. Saying otherwise indicates a greater loyalty to a probable lawbreaker than to the law.

What makes this especially alarming is we see Republicans, the majority party––with enormous power that they are asserting maximally–– stating a strange opinion that reaching a level of high suspicion or concern, rather than bolstering the case for further investigation, by some bizarre logic undermines the case.

The Republicans in Congress are siding with a president who may in fact be compromised by the Russian government, who has throughout his career shown a great tendency to lie, to cheat, to show bias and act in a bigoted manner, to hire and work with organized criminals, to admire criminals, to associate with and admire foreign dictators, and to side with foreign dictators, enemies of this country, and their intelligence apparatus, against our own intelligence professionals whose job is to protect our national security.

The Republicans are siding with someone who has triggered mountains of probable cause concern against the law enforcement professionals who are seeking to find out if these concerns are borne out by further evidence. (Imagine if a career mobster were to raise these arguments. He would be laughed at by Americans from both ends of the political spectrum.)

We face not only a constitutional crisis but a national security crisis and we are being led by a Republican Party that behaves like a criminal organization with close ties to the Russian president.

What sources of anti-terrorist intelligence or intelligence that might strengthen our national security will feel confident enough to share that information with us when Republican in high office will misuse it and expose the sources of the information?

Where are the elders of the party? Where are the responsible Republican officeholders, if any remain?

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