Mueller Crosses Trump’s Red Line Issuing Subpoena For Trump’s Bank Records

Donald Trump has warned Robert Mueller not to look into his personal finances, calling this a red line, which probably only served to point out that this (as opposed to collusion with Russia during the 2016 election) is what Trump is really concerned about hiding. Now Mueller has crossed the red line having subpoenaed Trump’s records from Deutsche Bank.

Trump has had dealings with Deutsche Bank since the 1990s, long before he entered politics. Trump’s financial records could provide evidence regarding multiple facets of this case including money laundering by the Trump family, obstruction of justice, possible tax evasion, and whether Russia had leverage over Trump, as well as the more questionable aspect regarding whether Trump and Russia colluded to change the 2016 election result

The Week adds:

Trump has warned that he considers any probe by Mueller into his family’s finances to be “a violation” unless it is directly related to Russia. Due to recent charges against Paul Manafort and Michael Flynn, some Senate Democrats have said Mueller’s moves appear to be building a potential obstruction of justice case against Trump himself, Bloomberg Politics writes.

The Wall Street Journal reports:

Deutsche Bankreceived a subpoena earlier in the fall from U.S. special counsel Robert Mueller’s office related to the lender’s business with President Donald Trump, according to a person briefed on the matter.

The subpoena requested documents and data about accounts and other dealings tied to client relationships with Mr. Trump and people close to him, the person said. The bank has lent more than $300 million to entities affiliated with Mr. Trump, according to public disclosures…

Deutsche Bank faces ongoing questions about a series of Russian trades that have been scrutinized in multiple investigations in the U.S. and Europe, including in a still-pending U.S. Justice Department probe. The Democratic U.S. lawmakers wanted the bank to detail any ties between those trades or other Russian financing and anyone connected to Mr. Trump, his family or advisers.

Reuters has more on their connection:

Deutsche Bank has lent the Trump Organization hundreds of millions of dollars for real estate ventures and is one of the few major lenders that has given large amounts of credit to Trump in the past decade. A string of bankruptcies at his hotel and casino businesses during the 1990s made most of Wall Street wary of extending him credit.

And from The Guardian:

Adam Schiff, the top Democrat on the House intelligence committee, which is investigating the Trump campaign, said Mueller’s reported subpoena of Deutsche Bank “would be a very significant development”.

“If Russia laundered money through the Trump Organization, it would be far more compromising than any salacious video and could be used as leverage against Donald Trump and his associates and family,” Schiff said in a statement. He was referring to a private investigator’s unsubstantiated allegation that the Kremlin had video proof of the president’s involvement in a salacious sex act.

Schiff also noted that the president’s son, Donald Trump Jr, has stated in the past that the Trump Organization received substantial funding from Russia and that there have been “credible allegations” that Russians have used the company to buy Trump properties for the purpose of money laundering.

Legal experts who are following the investigation said it showed Mueller was “following the money” in his search for possible links between the presidential campaign and the Kremlin.

It also indicated that any investigation into Trump personally may not be limited to the question of whether or not the president sought to obstruct justice when he fired the former FBI chief James Comey.

Finding that Mueller has (as expected) ignored Trump’s warning not to look into his personal finances raises the question of whether Trump would fire Mueller, which would be even more analogous to Richard Nixon’s Saturday Night Massacre than Trump’s earlier firing of James Comey was. While the firing of Mueller might momentarily hinder the investigation against him, it might also increase the chances of eventual impeachment of Trump for obstruction of justice, also reminiscent of the fate of Richard Nixon.

Judicial Watch Releases Documents On Bill Clinton’s Tarmac Meeting With Loretta Lynch

Judicial Watch has released information “29 pages of Federal Bureau of Investigation (FBI) documents related to the June 27, 2016, tarmac meeting between former Attorney General Loretta Lynch and former President Bill Clinton.” The meeting took place shortly prior to when James Comey interviewed Hillary Clinton regarding classified information on their private server. Their press release concentrates on accusations that “FBI officials were more concerned about leaks than the actual meeting itself. ”

This could be seen as analogous to those who are more concerned with action against those who allegedly hacked the DNC email and released it to Wikileaks as opposed to what was revealed about the actions of the DNC in their email.

In reading through the docments they released, I thought that their greater concern was more a matter of concern over potential security threats from discussing security procedures used by the FBI and Secret Service.

I am surprised that Judicial Watch did not concentrate on what I found to be the most interesting section. See the final document per the link above, which was sent to Michael Kortan, assistant director of the Office of Public Affairs at the FBI, with the name of the sender from the FBI redacted. The document responds to media reports that the FBI ordered no cell phones, photos, or videos at the meeting:

First of all, it isn’t the FBI’s job to to tell journalists or private citizens they can’t take photographs of a former president and the Attorney General? What were the agents going to do, arrest people for taking a picture or video?

Also, if there was nothing wrong with the meeting and it was totally innocent, why were the federal agents instructed to demand no one take a picture?

From there the selection goes on to note that while it is bad that the meeting was held because Hillary Clinton was under investigation, but questioned whether concentrating on Hillary Clinton is “actually letting Lynch and Clinton off the hook a bit.” The document notes that “Clinton himself is under investigation as the Grand Poo-bah at the Clinton Foundation.” Further down on the page it questions: “If the State Department and Hillary Clinton acted improperly or illegally by commingling staff and by granting favors to Clinton Foundation donors, isn’t the Clinton Foundation and Bill Clinton equally guilty of wrongdoing?”

In the next paragraph: “This may explain why  a day after the surreptitious meeting in Phoneix. Lynch’s Justice Department informed a judge they were going to drag their feet on the release of emails connected with the former president’s foundation and the State Department.” It notes that the DOJ filed a motion seeking a 27-month delay in the release of some documents and that “the public would not be about to read the communications until October 2018, about 22 months into her prospective first term as President.”

The document concludes: “I guess when this all adds up, its clear why Lynch and her FBI agents were so intent on keeping this inappropriate meeting a secret.”

It is also clear why Bill Clinton would want to keep this all a secret. The Clintons have been found to have unethically received payments from multiple parties with decisions before the State Department. This included both donations to the Clinton Foundation and unprecedented payments for speeches to Bill Clinton. Hillary Clinton also ignored the ethics agreement she entered into before being confirmed as Secretary of State to disclose such contributions.

Intelligence Community Inspector General Under Obama Discussed Blowback From Clinton For His Investigation Of Classified Information Sent Over Her Private Email Server

Former Intelligence Community Inspector General under Barack Obama, General Charles McCullough III, discussed the retaliation from the Clinton campaign for investigating the presence of classified information in email sent with Hillary Clinton’s private email server. As I posted in January 2016, General McCullough sent a letter to leaders on congressional intelligence committees indicating that the email on Hillary Clinton’s private server contained classified information, leading to further investigation.

The State Department Inspector General position was left vacant while Clinton was Secretary of State. After the post was filled, the State Department Inspector General report did indicate that Clinton had acted in violation of the law.

McCullough was interviewed by Tucker Carlson. While I hate to use Fox as a source, they are the network which carried the interview and therefore have the report. From their report of the interview:

A government watchdog who played a central role in the Hillary Clinton email investigation during the Obama administration told Fox News that he, his family and his staffers faced an intense backlash at the time from Clinton allies – and that the campaign even put out word that it planned to fire him if the Democratic presidential nominee won the 2016 election.

“There was personal blowback. Personal blowback to me, to my family, to my office,” former Intelligence Community Inspector General Charles McCullough III said.

The Obama appointee discussed his role in the Clinton email probe for the first time on television, during an exclusive interview with Fox News aired on “Tucker Carlson Tonight.” McCullough – who came to the inspector general position with more than two decades of experience at the FBI, Treasury and intelligence community – shed light on how quickly the probe was politicized and his office was marginalized by Democrats.

In January 2016, after McCullough told the Republican leadership on the Senate intelligence and foreign affairs committees that emails beyond the “Top Secret” level passed through the former secretary of state’s unsecured personal server, the backlash intensified.

“All of a sudden I became a shill of the right,” McCullough recalled. “And I was told by members of Congress, ‘Be careful. You’re losing your credibility. You need to be careful. There are people out to get you.’”

But the former inspector general, with responsibility for the 17 intelligence agencies, said the executive who recommended him to the Obama administration for the job – then-Director of National Intelligence James Clapper – was also disturbed by the independent Clinton email findings.

“[Clapper] said, ‘This is extremely reckless.’ And he mentioned something about — the campaign … will have heartburn about that,” McCullough said…

As one of the few people who viewed the 22 top secret Clinton emails deemed too classified to release under any circumstances, the former IG said, “There was a very good reason to withhold those emails … there would have been harm to national security.” McCullough went further, telling Fox News that “sources and methods, lives and operations” could be put at risk.

Some of those email exchanges contained Special Access Program (SAP) information characterized by intel experts as “above top secret.”

WikiLeaks documents show the campaign was formulating talking points as the review of 30,000 Clinton emails was ongoing.

The campaign team wrote in August 2015 that “Clinton only used her account for unclassified email. When information is reviewed for public release, it is common for information previously unclassified to be upgraded to classified.”

McCullough was critical of the campaign’s response, as the classified review had barely begun. “There was an effort … certainly on the part of the campaign, to mislead people into thinking that there was nothing to see here,” McCullough said.

McCullough discussed opposition from the Clinton campaign, Congressional Democrats, and some at the State Department for his desire to investigate Clinton’s actions. This included threats that he would be fired:

“It was told in no uncertain terms, by a source directly from the campaign, that we would be the first two to be fired — with [Clinton’s] administration. That that was definitely going to happen,” he said.

McCullough said he was just trying to do his job, which requires independence. “I was, in this context, a whistleblower. I was explaining to Congress — I was doing exactly what they had expected me to do. Exactly what I promised them I would do during my confirmation hearing,” he said. “… This was a political matter, and all of a sudden I was the enemy.”

…Asked what would have happened to him if he had done such a thing, McCullough said: “I’d be sitting in Leavenworth right now.”

James Comey’s report showed that Clinton and her colleagues were “extremely careless in their handling of very sensitive, highly classified information.” While he declined to recommend prosecution, his report also demonstrated that many of Clinton’s public statements regarding the email scandal were false. Comey’s letter to Congress late in the campaign is on the long list of Clinton’s excuses for losing to Donald Trump. McCullough noted in the interview that the FBI’s involvement might have been avoided if Clinton had been more cooperative in the investigation:

Speaking about the case more than a year after the FBI probe concluded, McCullough in his interview also addressed the possibility that a more cooperative State Department and Clinton campaign might have precluded the FBI’s involvement from the start.

“Had they come in with the server willingly, without having us to refer this to the bureau … maybe we could have worked with the State Department,” he said.

Of course there would also have not been an FBI investigation if Clinton had not violated the law with her use of the private server. In addition, the scandal might not have repeatedly made news if Clinton had been more honest, as opposed to being constantly exposed for lying.

Democratic Insiders See Bernie Sanders As Top Contender For 2020 Nomination

It is rather ridiculous to try to predict the 2020 nominee this far in advance, but encouraging to see the rankings from The Hill. In an article entitled How Dem insiders rank the 2020 contenders, Bernie Sanders is listed first:

1. Sen. Bernie Sanders (I-Vt.)

Advisers to the senator are telegraphing that Sanders is eyeing a 2020 run — and his network is already ready to go, with supporters convinced that he was the candidate who would have beaten President Trump in 2016.

“His people have never gone away,” said Democratic strategist Brad Bannon. “And he has a loyal core following out there that will be with him come hell or high water.”

Also working in Sanders’s favor, Bannon said, is the leftward shift of the Democratic Party.

“The Sanders wing is becoming the dominant wing of the party,” he said.

Still, strategists note that Sanders would be 79 in 2020, which could work against him at a time when Democrats are hungry for change.

Following Sanders are: Joe Biden, Elizabeth Warren, Kamala Harris, Sherrod Brown, and Deval Patrick. As is typical in such horse race coverage from the media, there is virtually nothing said about the comparative views or records of the candidates.

It is hopeful that the Sanders wing is referred to the dominant wing of the party. This is also not an isolated view. For example, last July I had a post noting that Vox, A Voice Of The Democratic Establishment, Now Realizes That Bernie Sanders Is The Democrats’ Real 2020 Frontrunner. Of course all available evidence does suggest that Sanders would have won in the general election. He did ten points better than Clinton in head to head polls against Trump, he had far more support among independents and even Republican voters than Clinton had, he was stronger in the rust belt than Clinton, he had no email scandal, and had nothing to fear from leaks of DNC email by Wikileaks. If Clinton supporters claim that Clinton lost due to Comey’s letter or Wikileaks, they should admit that the candidate who would not have been affected by either would have had a better chance to win.

Of course Clinton supporters are not that rational–and some are still not giving up. One of the more ridiculous articles posted recently is from Salon entitled  Here’s your leftover turkey: The case for Hillary Clinton 2020. Needless to say, the case is not very strong, unless you consider being a war monger who came close to Donald Trump, but still lost, to be  points in her favor.

Biden Writes In Memoir That He Did Not Run For President Fearing Dirty Campaign From Clinton Supporters

One year ago the Democrats lost an election to a candidate as awful as Donald Trump. They lost not because of Russia, and not because of James Comey. They lost because of giving the nomination to a candidate as awful as Hillary Clinton. In a normal year Joe Biden would have probably have been the establishment candidate and, while he would not personally be my first choice, he probably could have beaten Donald Trump easily. In his upcoming memoir,  Promise Me Dad: A Year of Hope, Hardship and Purpose, Joe Biden wrote that he did not run because of being threatened with a dirty campaign by Hillary Clinton supporters.

The Telegraph is one of the newspapers which quoted portions of Biden’s memoir:

Joe Biden knew he could beat Hillary Clinton in the race for the Democratic presidential nomination but decided not to run because he feared a “stop at nothing” smear campaign by her supporters, he reveals in a new memoir.

The man who served as Barack Obama’s vice-president remains a favourite among party faithful, many of whom believe he would have fared better in the states that delivered the White House to Donald Trump.

His words are certain to deepen splits among Democrats following their defeat and reignite speculation the 74-year-old is preparing for one last run.

In Promise Me Dad: A Year of Hope, Hardship and Purpose, due to be published next week, Mr Biden discusses his decision not to stand in the wake of his son Beau’s death.

He describes meeting Mrs Clinton in February 2015 when she was preparing her campaign and probing his plans.

“But if I ran, I told her, I would not run a negative campaign. She said the same,” he writes, in excerpts published by Mail Online, but then she added: “Although some of our supporters can get out of hand sometimes, it would not be me.”

After his son’s death, the Biden family had to deal with more upheaval when his other son, Hunter, left his wife for Beau’s widow.

That summer he received messages urging him to stand but had an ominous feeling that “the opposition research had already started on me”.

He does not say who the opposition was, but describes how negative stories began appearing in the media about past political positions.

“And Clinton backers sent the signal that they would not stop at voting records and policies if I did get in the race,” he writes.

Biden is being overly kind to Clinton in blaming her supporters and not Clinton herself. It has been typical of Clinton to claim innocence of some of the dirtiest acts of her supporters, such as launching the Birther campaign against Barack Obama during the 2008 nomination battle. I think that Biden is smart enough to see through this. Regardless, we certainly know how dirty and dishonest many of Clinton’s supporters are and can understand Biden’s concerns.

Donna Brazile Says Clinton Campaign Was A Cult

During an interview on Morning Joe, Donna Brazile made another statement which will upset establishment Democrats, calling the Clinton campaign a cult:

“Morning Joe” host Joe Scarborough said during Brazile’s appearance on the MSNBC show on Wednesday that he thinks President Trump won the 2016 election because of mistakes the Clinton campaign made, former FBI director James Comey and the influence of Russia.

“I’ll put it all in there, but it should have never been a close race,” he said.

He then asked: “Why did they lose? Was it at the end of the day arrogance?”

“It was a cult,” Brazile said. “I felt like it was a cult. You could not penetrate them.”

Brazile has also been trying to walk back her previous description of the nomination battle  between Clinton and Sanders as rigged, despite the evidence from Wikileaks, the class action suit against the DNC, the multiple rules used by the DNC to tilt the results, a previous confession from Tom Perez that it was rigged, and the evidence presented in her own book. Most likely by later this week Brazile will try to walk back her statement that the Clinton campaign was a cult, perhaps saying it was a religion instead.

In other news coming out about her book, The Washington Examiner reports that Brazile felt betrayed by Jake Tapper for criticism of her for providing debate questions to Hillary Clinton. While I remain grateful to Brazile for the information she did divulge which added to the massive amount of evidence that the nomination was rigged, she is certainly not presenting herself as a person of principle.

Update:

Excerpts From Hacks Contradict Claims From Clinton Apologists

Trump Pollster Says Bernie Would Have Won

The Hill reports, Trump pollster: Sanders would have won general election:

The pollster for President Trump’s campaign says that he believes Sen. Bernie Sanders (I-Vt.) would have defeated Trump in the general election had he secured the Democratic nomination.

Tony Fabrizio said at a Harvard University Institute of Politics event Monday that Sanders could have prevailed where Democratic presidential nominee Hillary Clinton did not.

“There’s no question that if it had been anybody other than Clinton or anybody other than Trump, that race would not have been as close as it was either way,” Fabrizio said. “It would not have been.”

When asked what would happen during a Sanders-Trump match-up, Fabrizio replied, “I think Sanders beats Trump.”

“I think Sanders would have had the ability to reach a lot of the less than college-educated, low-income white voters,” he added.

The polls were quite clear that Sanders had the support of many people who do not normally vote Democratic. When Sanders was denied the nomination, they voted for Trump over Clinton. Sanders often ran around ten points better than Clinton in head to head polls against Trump before the nomination. As we saw in the primaries, Sanders had greater support in key states such as Michigan and Wisconsin. Sanders would have a far stronger candidate in a change election, in which Clinton was the absolute worst candidate to run.

Sanders was not involved in a major scandal and would not have been hurt by either a letter from James Comey or a leak of email by Wikileaks. After all, If Clinton supporters say that the Comey letter and Wikileaks were responsible for Clinton losing, that also suggests that a candidate not vulnerable to such actions would stand have stood a much better chance of winning.

Talk Of Impeachment From The Brookings Institution, A Democratic Congressman, And A Major Democratic Donor

There has been talk of possible impeachment of Donald Trump starting even before he took office, but the topic seems to be coming up more this week, along with reports of a dysfunctional White House. Yesterday the Brookings Institution released a report on the obstruction of justice by Donald Trump. Following is from the Executive Summary, raising the question of impeachment but leaving it as premature pending the outcome of Robert Mueller’s investigation:

There are significant questions as to whether President Trump obstructed justice. We do not yet know all the relevant facts, and any final determination must await further investigation, including by Special Counsel Robert Mueller. But the public record contains substantial evidence that President Trump attempted to impede the investigations of Michael Flynn and Russian interference in the 2016 presidential election, including by firing FBI Director James Comey. There is also a question as to whether President Trump conspired to obstruct justice with senior members of his administration although the public facts regarding conspiracy are less well developed.

Attempts to stop an investigation represent a common form of obstruction. Demanding the loyalty of an individual involved in an investigation, requesting that individual’s help to end the investigation, and then ultimately firing that person to accomplish that goal are the type of acts that have frequently resulted in obstruction convictions, as we detail. In addition, to the extent conduct could be characterized as threatening, intimidating, or corruptly persuading witnesses, that too may provide additional grounds for obstruction charges.

…Special Counsel Mueller will have several options when his investigation is complete. He could refer the case to Congress, most likely by asking the grand jury and the court supervising it to transmit a report to the House Judiciary Committee. That is how the Watergate Special Prosecutor coordinated with Congress after the grand jury returned an indictment against President Nixon’s co-conspirators. Special Counsel Mueller could also obtain an indictment of President Trump and proceed with a prosecution. While the matter is not free from doubt, it is our view that neither the Constitution nor any other federal law grants the president immunity from prosecution. The structure of the Constitution, the fundamental democratic principle that no person is above the law, and past Supreme Court precedent holding that the president is amenable to other forms of legal process all weigh heavily in favor of that conclusion. While there can be debate as to whether a sitting president can be indicted, there is no doubt that a president can face indictment once he is no longer in office. Reserving prosecution for that time, using a sealed indictment or otherwise, is another option for the special counsel.

Congress also has actions that it can take, including continuing or expanding its own investigations, issuing public reports, and referring matters for criminal or other proceedings to the Department of Justice or other executive branch agencies. In addition, there is the matter of impeachment. We describe the articles of impeachment drafted against Presidents Richard Nixon and Bill Clinton, as well as those drafted against Judges Harry Claiborne and Samuel Kent to show that obstruction, conspiracy, and conviction of a federal crime have previously been considered by Congress to be valid reasons to remove a duly elected president from office. Nevertheless, the subject of impeachment on obstruction grounds remains premature pending the outcome of the special counsel’s investigation.

While they are probably right that it is too early to begin impeachment proceedings, one Democrat did write an impeachment resolution. From The Hill:

Green’s articles of impeachment state that Trump “is fueling an alt-right hate machine” that’s “causing immediate injury to American society.”

The Texas lawmaker, who represents a district that covers part of Houston, read aloud his articles on the House floor and stressed that Trump should not have to be convicted of a crime in order to be impeached.In his articles of impeachment, Green cited Trump’s equivocating response to the violence at a white supremacist rally in Charlottesville, Va.; attacks on NFL players kneeling during the national anthem to protest police brutality; and since-debunked accusations that former President Obama ordered a wiretap of Trump Tower as examples of how Trump has “undermined the integrity of his office” and “brought disrepute on the presidency.”

Another article of impeachment states that Trump engaged in “perfidy” by making the false claim that millions of people voted illegally in the 2016 presidential election. Trump won the Electoral College and therefore the presidency, but Democratic nominee Hillary Clinton won the popular vote.

Green stopped short of forcing the House from taking a vote on the measure, to the relief of Democrats who did not want to have to take a firm position at this time. The Washington Post reports:

A Democratic congressman stopped just short of forcing a House vote on President Trump’s impeachment Wednesday, pulling back under apparent pressure from his own party.

Rep. Al Green (D-Tex.) read his impeachment resolution on the House floor Wednesday afternoon, bringing it up under rules that would force a rapid vote. But when, less than an hour later, the House’s presiding officer called the resolution up for action, Green did not appear on the floor to offer it.

Green said to reporters afterward that he had wanted to allow more time for his colleagues to review the resolution before it was voted on, and he suggested that the House floor staff had misled him about the timing of that vote.

While Democrats do not want to vote on impeachment at this time, Tom Steyer, one of the party’s largest donors, is demanding that Democratic candidates pledge to support impeaching Trump:

One of the Democratic Party’s most prominent financial backers is demanding that lawmakers and candidates on the left support removing President Trump from office, putting pressure on Democrats to make Mr. Trump’s ouster a defining issue in the 2018 midterm elections.

Tom Steyer, a billionaire California investor who spent more than $91 million supporting Democrats in the 2016 elections, issued the demand to his party in a letter on Wednesday. In his message, Mr. Steyer described Mr. Trump as a “clear and present danger to the republic” and called on Democrats to pledge that they would seek to remove him from office if they take control of Congress next year.

Mr. Steyer — who is considering a run for Senate, perhaps against Senator Dianne Feinstein, a fellow Democrat — cited a range of acts by Mr. Trump to justify impeachment, including the president’s “relationship with Vladimir Putin and Russia,” allegations that Mr. Trump has used the presidency to “promote his own business interests” and his “seeming determination to go to war.”

While such a desire to impeach Donald Trump is understandable, I would prefer that donors from the left do more to get Democrats to take a firm stand against neoconserative interventionism and the surveillance state after the Democratic Party nominated a candidate who was firmly behind the Bush/Cheney agenda in 2016.

Jared Kushner Failed To Disclose Private Email Account To Senate Intelligence Committee

We have significant new information regarding Jared Kushner’s use of private email. As I discussed earlier in the week, if his attorney has been telling the complete truth (which is a big if), then Kushner does not appear to have violated the rules regarding the use of personal emails as Hillary Clinton did. The differences were that Clinton exclusively used a private server, destroyed over half the email with claims later shown to be false that she only destroyed private email, discussed classified information in her private email, and failed to turn the email over to be archived as required. Kusher’s lawyer had claimed that he primarily used government email and that he has turned over copies of private email discussing government business to be archived.

CNN reports a new aspect which of the case with Kushner being accused of failing to disclose the private email account when testifying before the Senate:

In his closed interview with the staff of the Senate intelligence committee, White House senior adviser and presidential son-in-law Jared Kushner did not share the existence of his personal email account, which he has used for official business, CNN has learned.

CNN has also learned that the chair and vice chair of the committee were so unhappy that they learned about the existence of his personal email account via news reports that they wrote him a letter via his attorney Thursday instructing him to double-check that he has turned over every relevant document to the committee including those from his “‘personal email account’ described to the news media, as well as all other email accounts, messaging apps, or similar communications channels you may have used, or that may contain information relevant to our inquiry.”

The emphasis in the letter on “all other” personal accounts not known by the committee would seem to be a reflection of the frustration the committee leaders feel with that fact that Kushner was not up-front about the existence of his personal email account and their desire for him to cover the bases of all his possible communications avenues when responding to their letter. This issue could become more serious if there emerge any emails or communications related to the investigation into Russian interference in the 2016 election that Kushner has not turned over, and whether he did so with the express purpose of concealing information from the committee.

If this is true, it would not be the first time Kushner failed to disclose relevant information:

Kushner has been criticized in the past for initially not disclosing more than 100 contacts with foreign leaders including those from Russia, as well as ownership of a multimillion dollar tech company with links to Goldman Sachs and businessmen Peter Thiel and George Soros. Kushner was also one of three top campaign officials or surrogates who failed to disclose a June 2016 meeting with a woman billed as being with the Russian government and having incriminating information on Hillary Clinton.

Of course Hillary Clinton was also far from honest in her testimony before Congress. Her testimony to the FBI, when she faced a more serious risk of perjury and was therefore more likely to be honest, differed significantly from what she had been saying before Congress and to the American people.

Comparing Kushner and Clinton’s Use Of Private Email

Following the news reports that  Jared Kushner used a private email account for government business, Congressional Democrats have announced plans to launch an investigation. There are additional reports of Ivanka Trump and other White House advisers using personal email. The comparisons to Hillary Clinton are obvious, but based upon the reports from Politico it is not clear that Jared Kushner actually did violate the law as Hillary Clinton did.

During the email scandal I found that many supported or opposed Clinton based upon partisan affiliation with no real understanding of the issue. It is worth looking at the specific violations committed by Hillary Clinton and to compare this with what we do know so far about Kushner’s use of private email. The problem is not simply that Hillary Clinton used private email, but that she used private email exclusively and through a personal server. The law does allow the use of some communication by private email, but requires that this be turned over to the government for archiving.

Hillary Clinton not only failed to turn over her email until forced to long after leaving her position as Secretary of State, but she destroyed over half of the email. Clinton claimed that this was personal email, but some of the destroyed email was uncovered showing that she was lying. Email she destroyed did directly involve government business. Clinton had also denied that any classified information was sent over her private server, but this was also later found to be untrue.

Politico reports the following about Jared Kushner:

“Mr. Kushner uses his White House email address to conduct White House business,” Abbe Lowell, a lawyer for Kushner, said in a statement Sunday.

“Fewer than 100 emails from January through August were either sent to or returned by Mr. Kushner to colleagues in the White House from his personal email account. These usually forwarded news articles or political commentary and most often occurred when someone initiated the exchange by sending an email to his personal rather than his White House address.”

If this is all true, then Kushner very well could have been acting within the law. Politico also reports that, “There is no indication that Kushner has shared any sensitive or classified material on his private account, or that he relies on his private email account more than his official White House account to conduct government business.”

Of course Kushner’s innocence is dependent upon statements from his attorney being true, and obviously his attorney would not be making statements to incriminate him. A key factor in Clinton’s case was that she repeatedly lied about the matter, despite being repeatedly corrected by media fact checkers, as well as the report of the State Department’s Inspector General. Clinton even lied about the Inspector General’s report in her book What Happened.

In other words, matters would be far worse for Kushner if it turns out that he failed to turn the email over, had destroyed email, was using private email exclusively, or had sent any classified information over private email–all things which Clinton had done in violations of the law.

Another question would be whether there was any attempt to cover up illegal activities. Kushner has been suspected of both financial crimes and possibly colluding with Russia to affect the election results (with the evidence for the former being far more significant than the later). Uncovering evidence of discussing such matters by private email would be of greater significance. Hillary Clinton violated the ethics agreements she entered into before being confirmed as Secretary of State and there have been questions as to whether there is evidence of influence peddling in the email she destroyed. We will probably never have an answer regarding this.

From a political perspective, it would be quite hypocritical for anyone in the Trump administration to violate the law as Clinton did after all their cries to “lock her up.” It would also be quite foolish considering the political price paid by Clinton. However, politicians do tend to be quite hypocritical. Hillary Clinton had accused those in the Bush administration who used private email of shredding the Constitution, despite more lax rules being in place under Bush than in 2009.

Update:

Jared Kushner Failed To Disclose Private Email Account To Senate Intelligence Committee