In reaction to the revelations of yesterday in which Donald Trump, Jr. released his emails with a Russian lawyer the editors of the Washington Post say:
THERE CAN now be no doubt: The Russia meddling story is not just smoke but fire. Donald Trump Jr.’s interactions with Russians during last year’s presidential campaign were abnormal and alarming. An incriminating email chain has made it impossible for the administration to deploy its always flimsy argument of last resort — that the whole story is just “fake news.â€
Not only Mr. Trump but also presidential son-in-law Jared Kushner and then-campaign chairman Paul J. Manafort are involved. Following a string of misleading and false statements, Americans must also wonder: Were other Trump associates involved? Did other meetings take place? Was President Trump aware of them? What more did the Trump camp know about Kremlin support for the Trump campaign?
And then there is this recurring question: How long can the rest of the Republican Party prioritize partisanship and agenda over decency and patriotism?
I don’t recall having said that there were no communications between the Trump campaign or people connected with the Trump campaign and Russians but if I did I was wrong. Clearly, there were such communications.
At this point here’s what we know:
- There were in fact communications between the Trump campaign and/or people connected with the Trump campaign and Russians.
- As the New York Post remarks, Donald Trump, Jr. is an idiot.
- If the Trump campaign and/or people connected it with it said that there were no communications between them and Russians, they were either mistaken or lying.
- The FBI investigation continues.
- These revelations give them more fuel for their fire.
Communicating with Russians is still not a crime, let alone treason as some maintain.
At this point we don’t know:
- Whether there was any underlying crime.
- Whether any of this is a “high crime or misdemeanor”.
As Alan Dershowitz points out, there may be no underlying crime involved. The most likely would be a violation of the Logan Act. The complication of prosecuting it as such would be that it would open up every CEO of a major company or many large NGOs for prosecution under the act.
Whether any of this constitutes a political crime serious enough for impeachment will depend on the president’s approval rating. If it falls below what appears to be his present floor, Trump could be in real trouble. If my theory holds, nothing will change.
This isn’t politics any more. It’s Kafka.
Update
The editors of the Wall Street Journal weigh in:
In the daisy chain from Russian oligarch to singer to PR go-between to lawyer to Trump scion, which is more plausible? That Don Jr. was canny enough to coordinate a global plot to rig the election but not canny enough to notice that this plot was detailed in his personal emails? Or that some Russians took advantage of a political naif named Trump in an unsuccessful bid to undermine the Magnitsky law they hated?
The problem is that President Trump has too often made the implausible plausible by undermining his own credibility on Russia. He’s stocked his cabinet with Russia hawks but dallied with characters like the legendary Beltway bandit Mr. Manafort or the conspiratorialist Roger Stone. His Syrian bombing and energy policy are tough on Russia, but Mr. Trump thinks that if he says Russia interfered in 2016 he will play into the Democratic narrative that his victory is illegitimate.
Thus in retrospect the John Podesta and Democratic National Committee hacks—still so far the tangible extent of Russian meddling—did less damage to U.S. democracy than it has done to the Trump Presidency. The person who should be maddest about the Russian hacks is Mr. Trump.
The “Magnitsky law” is H.R. 4405, a law enacted in 2012 that imposes sanctions on named Russian individuals deemed responsible for the death of Sergei Leonidovich Magnitsky, a lawyer and auditor who investigated corruption in the Russian government.