Richard W. Painter, who served as the Bush administration’s chief White House ethics lawyer from 2005 to 2007, was pretty quick to put together a little opinion piece for the New York Times after news broke last night that Attorney General Jeff Sessions lied during his confirmation hearing.
He wants us to know that this has happened before and that it had very specific consequences:
In 1972 Richard G. Kleindienst, the acting attorney general, appeared before the Senate Judiciary Committee in a confirmation hearing on his nomination by President Richard Nixon to be attorney general. He was to replace Attorney General John N. Mitchell, who had resigned in disgrace and would later be sent to prison in the Watergate scandal.
Several Democratic senators were concerned about rumors of White House interference in a Justice Department antitrust suit against International Telephone and Telegraph Corporation, a campaign contributor to the Republican National Committee. They asked Kleindienst several times if he had ever spoken with anyone at the White House about the I.T.T. case. He said he had not.
That wasn’t true. Later, after Kleindienst was confirmed as attorney general, the special prosecutor, Leon Jaworski, and his team uncovered an Oval Office tape recording of a phone call in which Nixon told Kleindiesnt to drop the I.T.T. case. Kleindienst claimed that he thought the senators’ questions were limited to a particular period, not the entire time during which the case was pending.
Jaworski didn’t buy it. He filed criminal charges against Kleindienst, who was forced to resign as attorney general. Eventually Kleindienst pleaded guilty to failure to provide accurate information to Congress, a misdemeanor, for conduct that many observers believed amounted to perjury. He was also reprimanded by the Arizona State Bar.
There’s a whole lot more history that’s only hinted at in that retelling, especially around the I.T.T. case. But we don’t need to get into all of that.
What matters is that Kleindienst lied under oath during his confirmation hearing and the punishment included his resignation, a misdemeanor charge, and a reprimand from the bar association. Most people thought he got off too easy.
Painter seems to agree, and he also thinks what Sessions did is more serious:
And this time, unlike in 1972, the attorney general’s misleading testimony involves communications not with the president of the United States, but with a rival nuclear superpower. In 1972, any federal employee who provided such inaccurate information under oath about communications with the Russians would have been fired and had his or her security clearances revoked immediately, and probably also would have been criminally prosecuted.
The Cold War may be over, but Russia in the past few years has once again sought to destabilize the democratic process not only in the United States, but also in much of Europe. Russian support for Communist parties is gone, but Russian support for far right and nationalist movements globally is on the rise, as is Russian spying.
President Trump has already fired his national security adviser, Michael Flynn, for misleading Vice President Pence about his conversations with the Russians. Misleading the United States Senate in testimony under oath is at least as serious. We do not yet know all the facts, but we know enough to see that Attorney General Sessions has to go as well.
In my experience, the intelligence-stovepiping, torturing Bush administration wasn’t known for being a stickler for ethics, nor for going after fellow Republicans when they fell short of exemplary public service. Maybe the extended Bush clan isn’t as “low energy” as Trump claimed.
In any case, they’re calling for blood now, but it doesn’t seem like a vendetta to me as much as a correct interpretation of history and the law.
Agree wholeheartedly with this assessment; but, who will take the necessary actions on this issue?
I was about to ask the same question. Jason Chaffetz should be on point, but it looks as if Congressional Repubs are drawing the line at recusal from the Trump investigation.
Most likely the outcome will be similar to that of Flynn. If the suspicions grow too strong and the ruckus grows too loud, they’ll overshadow everything Putin’s puppet wants to do, even if outsiders lack a mechanism to enforce the law and the Constitution. An obviously crooked and possibly treasonous Attorney General will have no credibility for jailing pot-users and suppressing votes. Sessions will eventually resign under pressure from Trump.
Trump’s already at the “I have complete confidence” stage of the process.
He’s behind Sessions 1000 percent.
Under pressure, yes. But it’s not coming from Trump.
I suspect that this is not, in fact, off-topic in the least: http://www.businessinsider.com/sociology-alternative-facts-2017-2
Republicans have a real talent for picking crooked AGs.
It comes to what they think the nature and purpose of the law is. As for all conservatives in every time and place, the law is a double-edged sword: it protects (but does not bind) the friends of the King, and it binds (but does not protect) everyone else. Today, the King is a faction, not an individual; but the understanding of the law is the same. This is what conservatism is, because this is what it seeks to conserve: this and nothing more, despite the billions of words of pseudophilosophy that have been written to misdirect. This is why there can be no good conservatives and why conservatism has no potential ethical validity whatsoever. This is also the only ground upon which it is feasible or permissible to attack conservatism. (You’re welcome.)
It’s not a talent, it’s a necessity.
Fun starting soon
https://twitter.com/ChadPergram/status/837396889922330624
Sessions press conference @4
https://twitter.com/ChadPergram/status/837396889922330624
There’s a whole lot more history that’s only hinted at in that retelling, especially around the I.T.T. case. But we don’t need to get into all of that.
Except omitting “all that” inflates the importance of Kliendiest lying in his 1972 AG confirmation hearing. Two years after that and a year after he resigned as AG:
That fine and suspended sentence must have really hurt. (While threatened, his law license wasn’t even suspended.)
Why was Kleindienst asked about the ITT antitrust lawsuit? Because the deal in 1971 smelled (including that the Asst US Attorney supervising the antitrust division was appointed to a federal judgeship later that year) and a few months before Kleindient’s hearing, a memo surfaced and was reported on that the “deal” included money, and Kleindienst had been deputy AG during that period. However, at that time, nothing specifically implicating Kliendienst had surfaced.
Kliendienst resigned because he became embroiled in the Watergate cover-up. Failings if not crimes that he managed to dodge.
I’m totally confused, and I can’t possibly figure out anything until the next installment from The Sage of Rio de Janeiro.