Category Archives: Op-Eds

“Spying”: Comey Doth Protest Too Much

Free Stock Photo from MaxPixel

“We didn’t ‘spy’ on anyone’s campaign,” writes former FBI director James Comey in a recent Washington Post op-ed.

“We asked a federal judge for permission to surveil” former Donald Trump campaign adviser Carter Page, but that’s not “spying.”

Before that (unmentioned in the op-ed), we infiltrated an informant into the campaign to gather information on its operations, but that’s not “spying.”

What a strange allergic reaction from Comey, and others associated with US intelligence and counterintelligence operations, to US Attorney General William Barr’s simple statement before the US Senate: “Spying on a campaign is a big deal … I think spying did occur. The question is whether it was adequately predicated.”

Comey insists that the spying was indeed “adequately predicated,” and that for some reason this makes it not spying.

It was spying.

You know, the same activity for which 98-year-old Patricia Warner, who infiltrated Nazi circles in Spain during World War Two, just received the Congressional Gold Medal.

The same activity for which dozens of CIA assets have received the Intelligence Star medal, and for which 113 of them have their names inscribed on that agency’s “Memorial Wall.”

The same activity on which the US government spends untold billions per year, assuring us that it is not just good and moral and justifiable, but absolutely necessary to the defense of the United States.

Comey’s trying to have it both ways here.

On one hand, he justifies the spying based on claims that “Russia engaged in a massive effort to interfere in the 2016 presidential election,” and that “we learned that one of Trump’s foreign policy advisers knew about the Russian effort seven weeks before we did.”

He defends the cloak-and dagger approach of the FBI’s espionage (“the practice of spying or using spies”) operation on the Trump campaign, saying that “if there was nothing to it, we didn’t want to smear Americans. If there was something to it, we didn’t want to let corrupt Americans know we were onto them. So, we kept it secret.”

On the other hand, he claims it wasn’t “spying” because … well, just because. “Non-fringe” media, he says doesn’t spend much time on this “conspiracy theory” because it’s just so wacky.

Comey’s sophistry doesn’t even rise to the level of Nixon Logic: “When the president does it, that means that it is not illegal.” His formulation is “if the FBI did it for a good reason, that means the FBI didn’t do it.”

The important question here is not whether the FBI spied on the Trump campaign. It did. Period.

The important question is why Comey doesn’t want to discuss, or even acknowledge, that fact.

The answer to that question is that discussing and acknowledging the irrefutable fact that the FBI spied on the Trump campaign leads into other discussions he finds even less desirable, such as whether the spying was legal — “adequately predicated” — and whether it was politically motivated (in a word, an attempted “coup”).

Why doesn’t Comey want those discussions? That question pretty much answers itself.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

Trump’s Trade War Has Probably Permanently Damaged America’s Tech Leadership Position

On May 15, US president Donald Trump issued an “Executive Order on Securing the Information and Communications Technology and Services Supply Chain.”

Pursuant to that order, a number of firms in the US (including Google, Qualcomm, and Intel) and abroad (including Panasonic and Arm) have reduced or even entirely cut their ties with Chinese firm Huawei.

Beneath the risible national security claims used to justify it, Trump’s order is just another exercise in economic protectionism. He thinks he’s securing America’s position as the world’s leader in the tech sector. In reality, he’s demolishing that position.

Huawei is just one company, but it’s a big one. It sells its products and services in more than 170 countries and to 45 of the world’s 50 largest telecom operators. One third of the world’s population uses its networks.

Trump isn’t just cutting Huawei out of the US. He’s also cutting American companies out of lucrative relationships with Huawei.

Huawei will soon lose access to Google’s Android operating system. It’s already been working on its own in-house replacement for some time. It probably also has contingency plans for replacing the Intel, Qualcomm, and Arm chips in its phones with chips produced in China — perhaps by Huawei itself.

Nothing Trump does can likely put Huawei out of business. He can temporarily hurt it, but he can’t permanently kill it. The most momentous effect of his order is to put Huawei  on notice that it must not, under any circumstances, ever again find itself at the mercy of US suppliers and of the US government’s good will.

If Trump “wins” his trade wars, will Huawei go back to using the US suppliers it was just cut off from? That’s very unlikely.  Once bitten, twice shy.

Other global tech companies and other governments are watching, and unless they’re stupid they’re drawing the same conclusions.  If it can happen to Huawei, it can happen to them. No matter the immediate outcome, Trump’s stunt has done irreparable long-term damage to global trust in America’s tech giants.

As for those American companies, if they’re smart they’re already looking into what it will take to move their executive functions, and as much of their operations as possible, offshore, for the same reasons. They’re in business to make money, not to serve the whims of economically illiterates like Donald Trump.

The Trump trade bubble is bursting. The fallout isn’t pretty. And it’s going to get worse.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY

War Crimes Pardons: A Terrible Memorial Day Idea

Defendants in the dock at the Nuremberg Trials
Defendants in the dock at the Nuremberg Trials

On May 16, 2008, near the town of Baiji in Iraq, 1st Lieutenant Michael Behenna, US Army, murdered a prisoner.  That was the verdict of the jury in his 2009 court martial, anyway. He was sentenced to 25 years in prison, but paroled in less than five. On May 6, 2019, US president Donald Trump pardoned Behenna.

As I write this, news reports indicate that Trump intends to celebrate Memorial Day by pardoning several other Americans convicted of (or accused of and not yet tried for) war crimes in Iraq and Afghanistan. That’s a horrible idea for several reasons.

One reason is that it’s morally repugnant to excuse the commission of crimes, especially violent crimes, for no other reason than that the criminal is a government employee.

A second reason is that it is detrimental to the good order and and discipline of the US armed forces to excuse violations of law by American soldiers, sailors, airmen, and Marines.

That phrasing is not random: “[D]isorders and neglects to the prejudice of good order and discipline in the armed forces” are themselves crimes under Article 134 of the Uniform Code of Military Justice. Yes, Trump has absolute power to pardon under the US Constitution, but this would be an abuse of that power that conflicts with his duties as commander in chief.

A third reason is that pardons of this type essentially beg other governments to take matters into their own hands where allegations of war crimes by US military personnel arise.

Among the US government’s excuses for refusing to join the International Criminal Court, and for forcing agreements by other governments to exempt American troops from prosecution under their own laws, is that the United States cleans up after itself and holds its troops to at least as high a standard as would those other governments. These pardons would give lie to that claim and expose US troops to greater risk of future arrest and prosecution abroad.

Don’t just take my word for these claims. Here’s General Charles Krulak, former Commandant of the US Marine Corps:

“If President Trump issues indiscriminate pardons of individuals accused — or convicted by their fellow servicemembers — of war crimes, he relinquishes the United States’ moral high ground and undermines the good order and discipline critical to winning on the battlefield.”

And here’s General Martin Dempsey, former Chairman of the Joint Chiefs of Staff:

“Absent evidence of innocence or injustice the wholesale pardon of US servicemembers accused of war crimes signals our troops and allies that we don’t take the Law of Armed Conflict seriously. Bad message. Bad precedent. Abdication of moral responsibility. Risk to us.”

After World War Two, the US and other governments which participated in victorious alliance versus the Third Reich and the Empire of Japan tried and punished — up to and including execution — German and Japanese soldiers accused of war crimes and the political leaders who ordered, encouraged, or excused those crimes.

If the US doesn’t hold itself to at least as high a standard, eventually someone else will.

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

PUBLICATION/CITATION HISTORY