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What We Need Is a Distraction, Part I: Weaponizing the DoJ

We had an e-mail yesterday from reader J.M. in Albany, NY:

I share your opinion that the Trump/Epstein connection and coverup should be a big deal. As far as genuinely having an impact on his base, though, it seems to be fading to the back burner with astonishing quickness, given how explosive it (potentially) is. Honestly, the only media coverage I have been seeing of it for the last 2 weeks has been on your site. Is there some reason you still think this is the exceptional scandal that will topple the core cult support for Dear Leader when all else just seems to wash off him like water on a duck's back?

You can never be sure what, if anything, will pierce the armor. However, there is still much Epstein attention on right-wing media outlets (except Fox). Further, it was to be expected that the story would ebb and flow a bit. We expect it to flow again once Congress is back in session, and once a potential subpoena is a topic of discussion. And, perhaps most instructive, is the fact that the administration is working overtime to create distractions. They would not do that if their feet were not feeling the flames.

Donald Trump's absolute favorite option, when it comes to passing the buck, is to build a scandal around Barack Obama. After all, Trump loathes his predecessor, and believes the base does, too. Further, an Obama "scandal" is the primary thing that won Trump the presidency in the first place. Recall that Trump's transition from private citizen to serious player in the GOP was driven by his embrace of the nonsense about Obama's birth certificate.

To that end, "Attorney General" Pam Bondi has been working overtime to make some hay out of DNI Tulsi Gabbard's claim that Obama committed some sort of crimes related to Russian interference in the 2016 election. Yesterday, Bondi went all-in, and commenced a grand jury investigation into Obama and other members of his administration.

Undoubtedly, this will please Trump, the only audience Bondi cares about. It is also a certainty that Fox will turn this into hours upon hours of programming. Since Gabbard made her initial claim, the entertainers employed by that outlet have aired no fewer than 168 segments dedicated to this "news story." That said, it's a short-term play that smacks of desperation. Trump lives in a fantasy world, at least some of the time, and may well believe that this is going to result in an indictment. We would guess that Bondi, even with as much Kool-Aid as she's consumed, is not similarly deluded. In any case, this is going to go nowhere, and is going to achieve nothing, besides wasting millions of tax dollars. Presumably, Bondi is hoping that the investigation can be quietly concluded and closed, and that there won't be a lot of coverage at that point, with headlines like "DOJ INVESTIGATION FINDS NOTHING."

There was also a bonus investigation announced yesterday, one that is arguably even thinner than the Obama-Russia investigation. The Office of Special Counsel has said it is going to take a long look at former special counsel Jack Smith, who was responsible for prosecuting the various crimes that Trump was charged with committing.

It was inevitable that Smith would be put under the microscope eventually, since he is the white person Trump hates the most, and since Trump's underlings do whatever they can to please their Dear Leader. However, the folks at OSC (which is part of the DoJ) have had something like 7 months to think about their options, and to find an angle of attack, and do you know what they came up with? Hatch Act violations.

The Hatch Act, as most readers will recall, prohibits electioneering by federal employees (excluding the president and VP) when they are acting in their official capacity. At this point, readers may be struggling to recall those occasions where Smith appeared at a Harris rally, or gave an anti-Trump speech, or urged people to donate to Act Blue. That is because those occasions do not exist. Smith was exceedingly professional/reticent, and his only remarks about Trump (or anyone else) came when he (Smith) was in court, acting as prosecutor.

That's right, the OSC is trying to sell the notion that going before a judge and saying "We think Trump stole classified documents" counts as electioneering. That is a legal theory so absurd that it should even cause someone like Judge Aileen Cannon to roll their eyes. It is also worth noting that Hatch Act violations are a civil, and not criminal, matter. They can be punished with a suspension (too late, Smith already left government employ), or with termination (again, too late), or a reprimand (who cares), or a fine... of $1,000.

Again, it smacks of desperation. That said, it is clear that someone in the Trump administration is thinking strategically, at least a bit. If the administration were to pursue criminal charges, or even a defamation case, it would open the door for Smith to introduce, in open court, some of the things he turned up over the course of his investigation. This is the last thing Trump wants. So, the OSC is pursuing a really stupid cause of action, but one not likely to blow up in the President's face. One has to assume that this plan, having grabbed a few headlines that will please Trump and maybe distract the base a little bit, will also quietly be dropped. (Z)



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