If Trump Was Colluding With Russia Prior To The Election, Why Would He Need To Establish Backchannel Communications With Russia After The Election?

The latest headlines regarding the Trump administration and Russia report that Robert Mueller is investigating meetings to establish back channel communications with Russia in January 2017. The Washington Post reports:

Special counsel Robert S. Mueller III has gathered evidence that a secret meeting in Seychelles just before the inauguration of Donald Trump was an effort to establish a back channel between the incoming administration and the Kremlin — apparently contradicting statements made to lawmakers by one of its participants, according to people familiar with the matter.

In January 2017, Erik Prince, the founder of the private security company Blackwater, met with a Russian official close to Russian President Vladi­mir Putin and later described the meeting to congressional investigators as a chance encounter that was not a planned discussion of U.S.-Russia relations.

A witness cooperating with Mueller has told investigators the meeting was set up in advance so that a representative of the Trump transition could meet with an emissary from Moscow to discuss future relations between the countries, according to the people familiar with the matter, who spoke on the condition of anonymity to discuss sensitive matters.

Maybe we have more cases of people in the Trump administration lying about their contacts with Russia. There is certainly a long list of examples of this. The connection to Blackwater is of some interest, but not terribly surprising considering that Erik Prince had a loose connection to the incoming administration, being the brother of Betsy DeVos.

Besides multiple lies involving members of the Trump administration, adding to questions of obstruction of justice, there are serious questions regarding money laundering and possibly other financial crimes. Where the Russiagate hysteria falls apart is with the claims from many Democrats that collusion between Trump and Russia altered the election result.

To date the claims that Russia altered the election result have been falling apart and there has been no evidence of any successful collusion. While Russians did entice Donald Trump, Jr. with claims of information on Russia, showing that he would have had no problems with such collusion, it turned out that Russia did not actually have information to provide at the Trump Tower meeting.

There have been a number of other stories regarding attempts to establish backchannel communications between members of the Trump administration and Russia just prior to the inauguration. Michael Flynn has pleaded guilty to charges of lying to the FBI about meeting the Russian ambassador in December 2016 but, as historian Jackson Lears recently wrote, “This is the sort of backchannel diplomacy that routinely occurs during the interim between one administration and the next. It is not a sign of collusion.”

There was also the report that Jared Kushner had attempted to set up backchannel communications between the Trump transition team and Russia after the election. However, if there was any nefarious goal here, it was suspected to involve Kushner’s financial problems with his Manhattan property.

The question which reports such as this raise is that, if there was collusion between the Trump campaign and Russia during the campaign, why were there so many efforts to establish backchannel communications after the election? If there was collusion before the election, they would have already needed to have had some means of communication before the election.

While such attempts to communicate with Russia just prior to the inauguration may or may not have been for nefarious purposes, maybe Mueller is onto a crime here with attempts at establishing backchannel communications with Russia before the election–especially with individuals lying about such attempts. However, it makes little sense to both claim that Trump was successfully conspiring with Russia during the campaign, and that crimes were committed in attempting to establish backchannel communications after the election.

Alec Baldwin Returns To SNL

Alec Baldwin returned to Saturday Night Live to portray Donald Trump in the cold open, video above.

The skit began with Alex Moffat portraying Anderson Cooper saying, “In times like this we look to our leaders for guidance. But instead, we’ll hear from Donald Trump.”

Alec Baldwin’s Trump began discussing school violence by bragging about his mental health: “We have to take a hard look at mental health — which I have so much of. I have one of the healthiest mentals. My mentals are so high.”

The number of people leaving the Trump White House didn’t deter him: “If I have to make America’s schools safe all by myself, I will. Just like how I’m running the White House all by myself.”

The latest to leave the White House was Hope Hicks: “She’s like a daughter to me. So smart, so hot. You know, I hate seeing her go but I love watching her walk away. Jared Kushner’s basically the hottest chick left in the place.”

This followed another round of Donald Trump attacking Alec Baldwin on Twitter.  The New York Times has a review of that battle here. An earlier, deleted version of the above Tweet referred to Alex Baldwin in error.

 

Pardons Might Put Trump Cronies At Increased Legal Risk

While the claims of Donald Trump working along with Vladimir Putin to alter the 2016 election results is looking increasingly unlikely after over a year of investigations, people close to Donald Trump are at risk of prosecution related to both financial crimes including money laundering and obstruction of justice.  This could include Donald Trump himself, and CNN reported earlier this week that Mueller is interested in Jared Kushner.

Republicans, who have been utilizing multiple strategies to attempt to undermine the investigations, are recommending that Trump use pardons to presumably eliminate the risk of individuals providing testimony as part of deals to protect themselves. As I noted last summer, Robert Mueller has already been working to eliminate this risk by working with state prosecutors as presidential pardons only apply to federal charges. Ryan Goodman at Just Security argues that accepting pardons would also increase the risk of conviction on state charges:

In a landmark decision by the U.S. Supreme Court in 1915, Burdick v. United States, the Justices stated that individuals have a right to refuse a pardon because “acceptance” of one carries with it a “confession of guilt.” Over the years, many federal courts have relied on Burdick for this proposition, the most recent including the Arizona court in upholding President Trump’s pardon of former sheriff Joe Arpaio.

While I have objected to Gerald Ford’s pardon of Richard Nixon, Goodman also helps with this:

It’s here that Watergate has yet another lesson for our times. Ken Gormley, the author of “Archibald Cox: Conscience of a Nation,” explained in a lecture in 2014 for the Gerald Ford Presidential Foundation, that Ford’s personal emissary in negotiating the pardon with Richard Nixon shared with Ford and his closest advisers the “extremely important” case of Burdick due to its implications for Nixon’s acceptance of guilt. That emissary was Benton Becker, and he explained, “President Ford had made it very clear. He said ‘don’t just deliver this … I want you to sit down face-to-face with Richard Nixon and I want you to walk through Burdick, walk through the facts, walk through the history, and walk through the holding.’” When Becker flew to California to offer Nixon the pardon, he brought copies of the Burdick opinion with him. Testifying before the House Judiciary Committee a few weeks later about Nixon’s taking the pardon, President Ford stated, “The acceptance of a pardon, according to the legal authorities—and we have checked them out very carefully—does indicate that by the acceptance, the person who has accepted it does, in effect, admit guilt.” He made clear this applied to Nixon.

While I still wish that Nixon had faced prosecution, I am happy to see that the pardon was considered an admission of guilt. The possibility of state prosecutions increase the chances that those close to Donald Trump will not get off as easily as Richard Nixon.

Today’s Indictments Do Not Support Narratives Of Either Republican Or Democratic Partisans Regarding Russia

Once again the objective facts released with regards to the Russia investigation run counter to the narratives of both Republican and Democratic partisans. The details presented in today’s indictment issued by Robert Mueller again contradicts claims from some Republicans that there was absolutely no Russian meddling in the 2016 election. Of course that was an absurd stand from the start. Russian has meddled in our elections for years, as the United States has meddled in their elections, and both countries have meddled in elections in multiple other countries. On the other hand, the indictments provide nothing to back the Democratic conspiracy theories of collusion between Russia and the Trump campaign which somehow stole the election from Hillary Clinton.

We have known for some time that Russians have been active on social media. With the long history of both sides meddling in each other’s affairs, and with the growth of social media, those who are shocked by this are astonishingly naive. Nor is it a surprise that such actions violated federal election laws. As the indictment states, “FECA prohibits foreign nationals from making any contributions, expenditures, independent expenditures, or disbursements for electioneering communications. FECA also requires that individuals or entities who make certain independent expenditures in federal elections report those expenditures to the Federal Election Commission.” A far more interesting potential development would be, as I’ve speculated in the past, if there are grounds for a future indictment against Donald Trump, Jr. and Jared Kusnher for their attempts to obtain information from Russians at the Trump Tower meeting.

We know from the Trump Tower meeting that the Trump campaign had no qualms against colluding with Russia. However, while the Russians enticed them to attend, they had no information to actually offer. The indictment indicates other contacts between Russians and the Trump Campaign, however without the knowledge of the Trump Campaign. As the indictment states, “Some Defendants, posing as U.S. persons and without revealing their Russian association, communicated with unwitting individuals associated with the Trump Campaign and with other political activists to seek to coordinate political activities.”

While it would hardly surprise me if there were to turn out to be some members of the Trump campaign who did knowingly communicate with Russians, at this time there remains no evidence of any collusion between the Trump Campaign and Russia, even if members of Trump’s family did show a willingness to collude with Russians. Obtaining the actual facts, as opposed to promoting the claims of partisans on either side, remains the top priority.

As Deputy Attorney General Rod Rosenstein stressed, “There is no allegation in the indictment on the outcome of the election.” After over a year of investigations, there remains no evidence that Russia had any effect on the election result, no matter how much Hillary Clinton and her supporters wish to claim this.

While the activities of the Russians very well might have violated federal election laws, the evidence presented in the Congressional testimony regarding their actions on social media showed that their actions, such as purchasing $100,000 in Facebook ads were very trivial considering the vast amount of activity on social media and other campaign advertising. The Congressional testimony revealed that information from Russian Facebook pages accounted for “less than 0.004 percent of all content — or about 1 in 23,000 news feed items” on Facebook. Over half the ads were not even seen until after the election, and many had nothing to do with promoting Trump over Clinton. The Russian purchased Facebook ads also targeted deep blue states over battleground states or the rust belt states which cost Clinton the election.

The hysteria spread by many establishment  Democrats over Russian actions on social media, along with other false media reports regarding Russia, has had many adverse consequences including providing the Democratic establishment a bogus excuse for not correcting the actual mistakes which cost them the election after giving the nomination to a candidate so weak that she could not beat a candidate as terrible as Donald Trump, increasing Cold War style tensions with a nuclear power, playing into the desires of neocons who have been exaggerating Russian influence on the 2016 election, and increasing censorship of Americans (not Russians) on Facebook. Using Russian activity on social media to censor Americans is a far greater threat to our democracy than any actions done by Russians.

Retraction Of False Russiagate Bombshell From CNN Yesterday Was Just One In A Long List Of Retracted Claims By Media

Yesterday we had yet another example of a story being promoted as a bombshell revelation about Trump and Russiagate, only to be retracted soon afterwards. CNN ran a story claiming that Donald Trump received a web address leading to Wikileaks documents on September 4, 2016 and later corrected the date to September 14. This is quite significant as the information was made public by Wikileaks by the time of this email on the fourteenth. Instead of showing collusion with the Trump campaign receiving secret information from Wikileaks as CNN’s story suggested, all they received was a web address to information which had already been released to the public. CBS and MSNBC were making the same claims of this being evidence of collusion until the story was retracted.

What is remarkable about this is that this is just one in a long string of similar events which have fueled this story. Three CNN reporters had already resigned in June over an incorrect Russiagate story.  Last week I noted that ABC News had retracted a story claiming that Michael Flynn had made contact with Russia during the campaign when it actually occurred after Trump had elected. (This, along Jared Kushner’s reported attempt to achieve a secret backdoor channel to Russia in December, also contradict claims of collusion during the election as there would be no need for such backdoor communications by either Flynn or Kushner if they had been colluding during the campaign.)

In November there was the bombshell that Russia had sent money to its embassies marked, “to finance election campaign of 2016.” Rather than evidence of rigging the US election, it turned out that this money was to fund voting in the Russian election by Russian citizens living abroad.

The claim that seventeen intelligence agreed that Russia was responsible for hacking the DNC continues to be cited by Democratic partisans long after it was withdrawn, and despite the lack of any evidence being presented by those in the intelligence community who believe this. Pro-Clinton conspiracy theories are increasingly basing their arguments on claims of secret intelligence which nobody can verify.

Other questionable stories include the Russian web site which, instead of trying to influence the election, contained pictures of puppies. The Congressional testimony showed how ridiculous the entire argument was that Russia influenced the election by using Facebook and Twitter.  It was revealed that Russian-purchased Facebook ads accounted for “less than 0.004 percent of all content — or about 1 in 23,000 news feed items” on Facebook. Over half the ads were not even seen until after the election, and many had nothing to do with promoting Trump over Clinton. The biggest success attributed to Russia on Facebook has been to get 5000 to 10,000 people to turn out for a rally–a rally protesting against Donald Trump after the election. The impact on Twitter was not any more significant. The largest of the alleged Russian troll pages had 25,045 followers at its peak, and the others had far fewer.

There have been many other false claims which have been retracted, including the hacking of the US electrical grid and even of our election systems. The Intercept has provided just a small sample:

  • Russia hacked into the U.S. electric grid to deprive Americans of heat during winter (Wash Post)
  • An anonymous group (PropOrNot) documented how major U.S. political sites are Kremlin agents (Wash Post)
  • WikiLeaks has a long, documented relationship with Putin (Guardian)
  • A secret server between Trump and a Russian bank has been discovered (Slate)
  • RT hacked C-SPAN and caused disruption in its broadcast (Fortune)
  • Crowdstrike finds Russians hacked into a Ukrainian artillery app (Crowdstrike)
  • Russians attempted to hack elections systems in 21 states (multiple news outlets, echoing Homeland Security)
  • Links have been found between Trump ally Anthony Scaramucci and a Russian investment fund under investigation (CNN)

Many of the Russiagate claims are are looking no more valid than the claims of WMD in Iraq which precipitated that war, or the lies which the United States has used to become in wars elsewhere. This is very risky when applied to a nuclear power–where neoconservatives have also desire to seek regime change.

While Donald Trump very likely has had illegal financial dealings with Russia, and the campaign did seek to obtain information on Clinton from Russia, there is no evidence either of actions by Russia which altered the election result, or of active collusion during the campaign. Even if such evidence should arise in the future, it is clear that Democrats were making such claims without evidence at the time. As was revealed in Shattered, Hillary Clinton devised a strategy of blaming others, including Russia, for her loss within twenty-four hours of losing. The claim that Russia affected the election result was largely based upon the Steele Dossier. Clinton and the DNC had covered up their role in paying for this report for months, casting doubt on its reliability.

I suspect that Clinton’s claims that Russia was responsible for her loss continue to receive credibility from much of the media because many are unwilling to believe that Donald Trump could have beaten Hillary Clinton, despite all the evidence that Clinton was an extraordinarily weak and unpopular candidate long before the election. Their personal biases might have led to these repeated examples of journalistic carelessness in which they ran with stories which seemed to confirm their suspicions without doing sufficient fact checking. Retracted stories with false information continue to be cited by Democratic partisans.

Trump Family Values

The Daily Beast looks at the high degree of nepotism in the Trump administration:

Most people have heard of Ivanka and Jared, but the first family is far from the only group of relatives staffing the Trump administration.

A Daily Beast examination of public records reveals that there are at least 20 families, joined by either blood or marriage, in which multiple members hold some federal post or appointment. They include the families of some of Trump’s most prominent campaign supporters and agency officials, including one cabinet officer. The posts range from senior White House staff to more ceremonial and advisory positions.

A few of the most prominent cases came to the fore in recent weeks with the hiring of Eric Trump’s brother-in-law to be chief of staff at the Department of Energy and the nomination of Brett Talley to a federal judgeship in Alabama. In paperwork filed with the Senate Judiciary Committee, Talley failed to disclose that his wife is the chief of staff to the White House senior counsel Don McGahn—presenting a potential conflict of interest if the administration ever argues a case in Talley’s court.

But McGahn too has a direct relation in the administration. His wife, Shannon McGahn, was hired in May as a policy adviser to Treasury Secretary Steven Mnuchin. In March, Trump tapped former Ford Motor Company lawyer Jim Carroll to join McGahn’s team. Carroll has since moved over to the Office of Management and Budget, where he serves as general counsel. But before he did, the White House hired his son, James Carroll III—whose previous professional experience consisted of a stint as the sports editor of his college newspaper—as a staff assistant…

Multiple additional examples in the full post.

First Indictments Involve Money Laundering But Plea Bargain By Papadopoulos Could Be More Important

The indictments expected all weekend turned out to the least interesting outcome considering that Manafort’s indictment had been expected for quite a while. The indictments of Paul Manafort and associate Rick Gates are based upon financial crimes as I predicted. This action fails to help the cases made by partisans on either side. This is unrelated to the charges that Trump colluded with Russia to affect the election results as Hillary Clinton and Democratic partisans claim. It also contradicts pro-Trump partisans who have called Mueller’s investigation a witch hunt. It is also rather embarrassing to Donald Trump that, as Lawfare put it:

The president of the United States had as his campaign chairman a man who had allegedly served for years as an unregistered foreign agent for a puppet government of Vladimir Putin, a man who was allegedly laundering remarkable sums of money even while running the now-president’s campaign, a man who allegedly lied about all of this to the FBI and the Justice Department.

The more important development today might turn out to be that George Papadopoulos is entering into a plea bargain, which probably would have only been offered if he has information on people higher up in the campaign. This is the second incident we know about in which people in the Trump campaign spoke to Russians about getting information on Hillary Clinton. From The Washington Post:

Papadopoulos has agreed to plead guilty to lying to the FBI about his contacts with Russians. Specifically, he falsely claimed that they had occurred before he joined the campaign in March 2016. He had communication with a professor who had contacts in the Russian government; this professor told him that the Russians had “dirt” on Hillary Clinton in the form of “thousands of emails.” The professor introduced him to a Russian national who was supposedly Vladimir Putin’s niece (it turned out she wasn’t), and to someone who supposedly had connections in the Russian Ministry of Foreign Affairs (MFA). Based on those conversations, Papadopoulos pressed the campaign to set up meetings with the Russians, a suggestion that never came to fruition.

As with the meeting attended by Donald Trump, Jr. and Jared Kushner, there was an interest in obtaining information from Russia but no evidence than they were provided any information which helped the Trump campaign or altered the election result. While it is widely assumed that Donald Trump was probably aware of the meeting attended by his son and son-in-law, there is no evidence of this. Perhaps Papadopoulos has information regarding which people in the campaign were encouraging such meetings with Russia, and whether this includes Donald Trump.

The Clinton campaign has said it is beyond the pale to be working with foreigners, but we also know of at least two occasions when Clinton also worked with foreigners to affect the election results, including the recent revelations about the Clinton campaign and the DNC funding the Trump Russia dossier despite their earlier denials. The optics of the Trump campaign working with Russia to obtain information may appear worse than the Clinton campaign working with other foreigners, but any legal issues arising from this are likely be the same.

This is the the first action from Robert Muller. It remains to be seen if further indictments regarding money laundering get closer to Donald Trump and his family. It also remains to be seen whether Mueller has uncovered any direct evidence of collusion between Russia and the Trump campaign, or of other actions allegedly performed by Russia to affect the election result.

In related news, Politco reports that Tony Podesta, brother of Clinton campaign chairman John Podesta, is stepping down from the Podesta Group following reports that he is under investigation by Robert Mueller. From Politico’s report:

The investigation into Podesta and his firm grew out of investigators’ examination of Manafort’s finances. Manafort organized a PR campaign on behalf of a nonprofit called the European Centre for a Modern Ukraine. Podesta Group was one of several firms that were paid to do work on the PR campaign to promote Ukraine in the U.S.

Podesta Group filed paperwork with the Justice Department in April stating that it had done work for the European Centre for a Modern Ukraine that also benefited the same Ukrainian political party that Manafort once advised. Podesta Group said at the time it believed its client was a European think tank untethered to a political party.

The Hill reports that the Maryland Attorney General is investigating Jared Kushner “over alleged questionable debt collection practices and poor maintenance at several of its properties in that state.”

It Is Mueller Time: Who Will Be Indicted And What Are The Charges?

Often news is dropped on a Friday to limits its coverage. In this case, the news that Mueller is preparing his first charges in the Trump investigations, is dominating the news this weekend. As CNN reported:

A federal grand jury in Washington on Friday approved the first charges in the investigation led by special counsel Robert Mueller, according to sources briefed on the matter.

The charges are still sealed under orders from a federal judge. Plans were prepared Friday for anyone charged to be taken into custody as soon as Monday, the sources said. It is unclear what the charges are.

The first obvious question is who will be charged. Paul Manafort,  Michael Flynn, and Carter Page lead the lists in speculation. I don’t think anyone will be surprised if one or more of them are indicted next week. There will be greater surprise if Jared Kushner, Donald Trump, Jr., or perhaps even a Democrat is indicted now that we have learned that the Podesta Group is also under investigation.

The next question is what the actual charges will be. From what has been released to the public so far, we have see much more evidence of a cover-up and obstruction of justice than we  have seen of the original crimes. There have been indications that Mueller is conducting the investigation more as would be expected if the concentration is on financial crimes including money laundering.

The evidence released to date for collusion leading to an actual change in the presidential election result  looks quite weak–with indications that this was more an excuse from Hillary Clinton to deflect blame for her own mistakes which caused her to lose. The stronger case for any sort of collusion between the Trump campaign and Russia might involve Paul Manafort who allegedly offered to give a Russian billionaire private briefings on the campaign. However there is no evidence that such briefings took place and past speculation has also primarily been on an indictment for financial crimes such as money laundering or tax evasion.

There is also the meeting which both Donald Trump, Jr. and Kared Kushner attended with Russians, which they were lured to attend with promises of information on Hillary Clinton. However it appears that was only to get them to attend with the Russians reportedly having nothing to offer. While it indicates a willingness on their part to collude with Russia, there is no evidence that such collusion actually occurred. There very well could be legal violations in their actions, but this falls far short of Clinton’s claims of Trump and Russia working together to alter the election results.

Whatever indictments are issued, this means that the matter moves from a primarily political fight to a legal battle where rules of evidence prevail and Donald Trump’s cries of a witch hunt are even more meaningless. As occurred with Watergate, early indictments might lead to deals which ultimately result in evidence against those higher up. Also as with Watergate, a big question will be what did the president know and when did he know it.

Update: First Indictments Involve Money Laundering But Plea Bargain By Papadopoulos Could Be More Important

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