Over at National Review Online, Andrew McCarthy argues that President Trump's Executive Order suspending security clearances, contracting, and access to federal buildings to the law firm of Perkins Coie is an unconstitutional and deeply wrong act. I agree, though with a partial dissent as discussed below.
Two senior Perkins Coie lawyers, Marc Elias and Michael Sussman, are deeply implicated in the Clinton campaign conspiracy regarding Russia Collusion, a conspiracy designed to improperly influence a presidential election. Both Elias and Sussman are long gone from the firm, which employs 3,700 people.
It was through Elias and Sussman that the Clinton Campaign and the DNC hired FusionGPS to fabricate the phony Steele Dossier, and Sussmann used his direct influence to move its allegations through the Federal bureaucracy. They then prepared the false submissions to the Federal Election Commission (FEC) by both entities, claiming the more than $1 million paid to FusionGPS was for legal services. The FEC found this statement to be in violation of Federal law, fining the campaign and the DNC a total of $135,000. You may recollect that it was the alleged violation of the same FEC rules by the Trump campaign regarding the $250,000 payment to Stormy Daniels, that led Manhattan District Attorney Bragg, with the assistance of the Biden Justice Department and a bizarre legal theory converting a federal misdemeanor matter into 34 felony counts under New York law, to bring criminal charges against Donald Trump. It's fair to say that Elias and Sussmann are scumbags whose activities undermined American democracy. The question is what is to be done about the partnership of Perkins Coie?
McCarthy's point, apart from the constitutional argument is:
Trump is stubbornly wrong, however, in refusing to accept that the
payback he gets — extraordinary payback, but the only legitimate payback
— is his stunning political comeback. The Democrats suffered thunderous
defeat, in large part because the public saw these and other lawfare
abuses as scandalous. That has to be enough. Trump’s retribution is that he won the presidency; it is not turning the presidency into lawfare on steroids.
I agree with McCarthy in so far as this argument applies to Perkins Coie. However, I part ways with him on his next assertion:
Participants in the Russiagate farce have been disciplined. The
government officials, particularly at the FBI, were the subject of
scathing inspector general reports and either fired or pushed out of
office. Hillary Clinton is irrevocably damaged political goods.
Whether it is petty or prudent to do so, Trump has all the authority
the Constitution gives a president to remove government officials he
blames for the lawfare tactics, and he has done that.
Here, McCarthy is wrong. There has not been personal responsibility and accountability for the greatest political scandal of my lifetime, and arguably in American history. I support any efforts by DOJ to investigate and, if appropriate, bring criminal charges against those involved in the conspiracy. Unfortunately, with the passage of time, the statute of limitations may have expired regarding many potential offenses.
McCarthy admits "I’d prefer to ignore the EO because the Democrats and their base supporters now expressing outrage over it are hypocrites", pointing out the efforts to disbar any attorney who worked on supporting Trump's claim that the 2020 election was stolen, adding:
So it’s hard to take sides with these people: progressive ideologues who
can’t spew enough bile about pardons for participants in a three-hour
riot at the Capitol, including hundreds who viciously assaulted police
officers (and they’re right about that)(1), but who turned a blind eye to —
or even marched in lockstep with — left-wing radicals who engaged in
months of lethal rioting, looting, and arson triggered by the death in
police custody of a black man with a substantial criminal record, who
had started the fateful confrontation by assaulting the cops. This
includes progressive ideologues now trying to turn a Hamas-supporting
activist into a free-speech martyr, but who have not a word to say about
Hamas’s brutal killing, maiming, and raping of hundreds of people on
October 7, or about Edan Alexander, the American citizen who is among
the two dozen living hostages the jihadists are still holding in their
dungeons after 17 months.
And, I'll add the same progressives who reveled when the Trump White House was under assault on May 31-June 1, 2020, gleefully pointing out that the president was in the basement below for security purposes, while sixty law enforcement personnel were injured, eleven seriously enough to go to the hospital.
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(1) I disagreed with President Trump's pardon of those convicted of violent offenses on January 6, while agreeing with his decision to pardon non-violent offenders. There was clearly a two-tier legal system created by the Biden Justice Department in which red-coded defendants were treated much more harshly than those blue-coded. The deluded non-violent protestors (the bulk of those convicted of J6 offenses) drawn to DC by Trump's ridiculous Stop the Steal claims, deserved pardons, particularly after Trump went on to raise more than $100 million for his personal kitty, while leaving his arrested supporters bereft of legal counsel and, in some cases, to rot in jail awaiting trial.