US continues its march toward a Banana Republic status with an out of control intelligence community in tow. The Week opines.
The United States is much better off without Michael Flynn serving as national security adviser. But no one should be cheering the way he was brought down.
The whole episode is evidence of the precipitous and ongoing collapse of America’s democratic institutions — not a sign of their resiliency. Flynn’s ouster was a soft coup (or political assassination) engineered by anonymous intelligence community bureaucrats. The results might be salutary, but this isn’t the way a liberal democracy is supposed to function.
Unelected intelligence analysts work for the president, not the other way around. Far too many Trump critics appear not to care that these intelligence agents leaked highly sensitive information to the press — mostly because Trump critics are pleased with the result. “Finally,” they say, “someone took a stand to expose collusion between the Russians and a senior aide to the president!” It is indeed important that someone took such a stand. But it matters greatly who that someone is and how they take their stand. Members of the unelected, unaccountable intelligence community are not the right someone, especially when they target a senior aide to the president by leaking anonymously to newspapers the content of classified phone intercepts, where the unverified, unsubstantiated information can inflict politically fatal damage almost instantaneously.
There is another component to this story as well — as Trump himself just tweeted. It’s very rare that reporters are ever told about government-monitored communications of U.S. citizens, let alone senior U.S. officials. The last story like this to hit Washington was in 2009 when Jeff Stein, then of CQ, reported on intercepted phone calls between a senior Aipac lobbyist and Jane Harman, who at the time was a Democratic member of Congress.
Normally intercepts of U.S. officials and citizens are some of the most tightly held government secrets. This is for good reason. Selectively disclosing details of private conversations monitored by the FBI or NSA gives the permanent state the power to destroy reputations from the cloak of anonymity. This is what police states do.
In the past it was considered scandalous for senior U.S. officials to even request the identities of U.S. officials incidentally monitored by the government (normally they are redacted from intelligence reports). John Bolton’s nomination to be U.S. ambassador to the United Nations was derailed in 2006 after the NSA confirmed he had made 10 such requests when he was Undersecretary of State for Arms Control in George W. Bush’s first term. The fact that the intercepts of Flynn’s conversations with Kislyak appear to have been widely distributed inside the government is a red flag.
All this was not an isolated event as WaPo notes.
Nine current and former officials, who were in senior positions at multiple agencies at the time of the calls, spoke on the condition of anonymity to discuss intelligence matters.
More disturbing is the release of SIGNIT related to this case.
President Trump’s national security adviser, Gen. Michael Flynn, was forced to resign on Monday night as a result of getting caught lying about whether he discussed sanctions in a December telephone call with a Russian diplomat. The only reason the public learned about Flynn’s lie is because someone inside the U.S. government violated the criminal law by leaking the contents of Flynn’s intercepted communications.
In the spectrum of crimes involving the leaking of classified information, publicly revealing the contents of SIGINT — signals intelligence — is one of the most serious felonies. Journalists (and all other nongovernmental citizens) can be prosecuted under federal law for disclosing classified information only under the narrowest circumstances; reflecting how serious SIGINT is considered to be, one of those circumstances includes leaking the contents of intercepted communications, as defined this way by 18 § 798 of the U.S. Code:
The key will be to watch if there is any follow through on this.
The chairman of the House Intelligence Committee said Tuesday that the most significant question posed by the resignation of national security adviser Michael Flynn is why intelligence officials eavesdropped on his calls with the Russian ambassador and later leaked information on those calls to the press.
“I expect for the FBI to tell me what is going on, and they better have a good answer,” said Rep. Devin Nunes (R-Calif.), chairman of the House Permanent Select Committee on Intelligence, which is conducting a review of Russian activities to influence the election. “The big problem I see here is that you have an American citizen who had his phone calls recorded.”
Given Trump’s propensity to never back down from a fight, this angle might lead to interesting results if the investigation proceeds in that direction.
The abrupt resignation Monday evening of White House national security adviser Michael Flynn is the culmination of a secret, months-long campaign by former Obama administration confidantes to handicap President Donald Trump’s national security apparatus and preserve the nuclear deal with Iran, according to multiple sources in and out of the White House who described to the Washington Free Beacon a behind-the-scenes effort by these officials to plant a series of damaging stories about Flynn in the national media.
The effort, said to include former Obama administration adviser Ben Rhodes—the architect of a separate White House effort to create what he described as a pro-Iran echo chamber—included a small task force of Obama loyalists who deluged media outlets with stories aimed at eroding Flynn’s credibility, multiple sources revealed.