Geopolitics

The Know-Nothing President, Is This Trump's Best Defense?

Trump and Vice President Mike Pence last month at the White House
Trump and Vice President Mike Pence last month at the White House
Mike Debonis

WASHINGTON — As former FBI Director James Comey held the political world in thrall Thursday from inside a packed Senate hearing room, House Speaker Paul Ryan walked into an unusually empty press briefing across the Capitol.

Before Comey's testimony about his private interactions with President Donald Trump had even concluded, Ryan joined an effort already underway among GOP lawmakers to place it in the best possible light for Trump. "Of course there needs to be a degree of independence" between federal law enforcement and the White House, Ryan said. But, he added, "The president's new at this. He's new to government, and so he probably wasn't steeped in the long-running protocols that establish the relationships between the Justice Department, FBI and White House. He's just new to this."

Ryan later made clear that he was "not saying it's an acceptable excuse" and that his remark was "just my observation." But he was one of many GOP lawmakers willing to minimize Trump's alleged meddling and demands for loyalty as the fumblings of a political tyro - or the behavior of a real estate mogul accustomed to having his orders followed.

"It has to still be legal and right and all that, but I think a lot of it is - he's used to being the CEO," Rep. Kevin Cramer, an early Trump endorser, said Wednesday after Comey's statement was published.

While playing up Trump's naivete is currently one strain of his political defense, legal analysts said it could also be a kernel of a criminal defense. It could be at least a somewhat viable defense to suggest that Trump, who has no direct experience in government or law enforcement, merely didn't know any better when he was interacting with Comey.

To substantiate an obstruction of justice case under criminal law, a prosecutor has to prove a person acted corruptly — and if Trump was merely acting foolishly, he would be legally OK.

"It's just another way of saying that maybe he had innocent intent, just didn't appreciate how inappropriate or wrongful it would appear to people who have been around law enforcement," said Kelly Kramer, a white-collar criminal defense attorney at the Mayer Brown firm.

Some analysts said the defense could ring hollow - particularly given that, according to Comey, Trump isolated him before making the request about Flynn by ordering everyone one else out of the Oval Office. Trump's own lawyer, meanwhile, outright disputed Comey's version of the facts, rather than suggesting that the president was merely naive to the ways of government and investigations. For his part, Comey testified, "I hope there's tapes' to corroborate his version of events.

On Capitol Hill, at least one lawmaker said ignorance of the law and Washington, D.C., norms are not excuses.

A man preoccupied with forging deals

"That's why you have a chief of staff. That's why you have legal counsel," said Republican Congressman Mark Sanford, who endured a scandal over an extramarital affair when he was serving as governor of his state in 2009. "The idea of, "I'm new," probably doesn't pass muster in the corporate world, the nonprofit world, much less the body politic."

Most Republicans on Capitol Hill have tended to view Trump fundamentally as a businessman, a man preoccupied with forging deals using all of the tools he developed in his business career - charm, showmanship, coercion, threats.

Those traits have marked Trump's relations with lawmakers - particularly as he embarked on his first congressional sales job: persuading House Republicans to pass a hugely controversial health care bill. In one episode, he confronted the leader of the hard-right House Freedom Caucus inside a private meeting of Republicans.

If the bloc didn't back the health care bill, "I'm gonna come after you," Trump said to Republican Mark Meadows of North Carolina. "But I know I won't have to, because I know you'll vote "yes." "

Rep. Dave Brat, a Virginia Congressman a Freedom Caucus member, recalled being lobbied personally by Trump on the bill and suggested a line could be drawn from that experience to Trump's entreaties to Comey.

"It's like a real estate deal closing - just a transaction: "Let's get this thing done. Let's win on it,"" Brat recalled. "In the new role, he's got everyone jumping on every sentence he says, so that's the tricky part . . . He's a business guy. He just wants results."

Comey's statement and testimony Thursday paint a more damning picture - including a dramatic Feb. 14 meeting in the Oval Office where Comey says Trump asked him to stay behind after a meeting with other officials. There, he says, Trump raised the criminal investigation into former national security adviser Michael Flynn and whether Comey could "let this go."

Comey testified Thursday that he interpreted that remark as a direction to end the probe into Flynn.

While the Republican National Committee this week blasted out attacks on Comey's credibility, Trump's Republican defenders on Capitol Hill have largely stayed away from trying to attack the former FBI director's veracity, instead trying to reframe what he said. That has served to reinforce an emerging GOP view that Trump's behavior was ham-handed and inappropriate, but not illegal or impeachable.

Ryan said in an MSNBC interview Wednesday that it was "obviously" not appropriate for Trump to ask Comey for a personal pledge of loyalty.

At the hearing, Sen. James Risch,sought to challenge Comey's interpretations of Trump's remarks, questioning Comey on whether Trump's exact words as he reported - "I hope you can let this go" — would support the inference.

"You don't know of anyone that's ever been charged for hoping something. Is that a fair statement?" Risch asked.

"I don't, as I sit here," Comey replied, prompting Risch to yield his questioning.

Rep. Chris Collins of New York, an early and fervent Trump backer, called the president's intervention on Flynn's behalf - a day after his firing - as "a normal human reaction."

"I think he's a human being first," he said. "I have absolutely no problem with what the president of the United States said. It is clearly not anywhere close to touching something called obstruction of justice, and I'm frankly proud of him for standing for someone who was as loyal as Mike Flynn was throughout the campaign."

Collins said "of course" Trump ought to be given deference due to his inexperience in political office. "But the press isn't going to give him any slack," he said. "It isn't going to happen."

Ryan also took a sympathetic tack, pointing to Comey's statement that he had told Trump he was not personally subject to a criminal probe - backing up an assertion in Trump's letter firing Comey that had been widely questioned.

"People now realize why the president is so frustrated when the FBI director tells him on three different occasions he is not under investigation, yet the speculation swirls around the political system that he is," Ryan said.

Brat echoed several of his colleagues in arguing that the essence of Trump's appeal to voters was his bull-in-a-china-shop sensibility and that it would be silly to expect anything else.

"This city's just full of carefully crafted nonsense," he said. "The whole nation's crashing. They hired a businessman - give him a chance."

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Society

What It Means When The Jews Of Germany No Longer Feel Safe

A neo-Nazi has been buried in the former grave of a Jewish musicologist Max Friedlaender – not an oversight, but a deliberate provocation. This is just one more example of antisemitism on the rise in Germany, and society's inability to respond.

At a protest against antisemitism in Berlin

Eva Marie Kogel

-Essay-

BERLIN — If you want to check the state of your society, there's a simple test: as the U.S. High Commissioner for Germany, John Jay McCloy, said in 1949, the touchstone for a democracy is the well-being of Jews. This litmus test is still relevant today. And it seems Germany would not pass.


Incidents are piling up. Most recently, groups of neo-Nazis from across the country traveled to a church near Berlin for the funeral of a well-known far-right figure. He was buried in the former grave of Jewish musicologist Max Friedlaender, a gravesite chosen deliberately by the right-wing extremists.

The incident at the cemetery

They intentionally chose a Jewish grave as an act of provocation, trying to gain maximum publicity for this act of desecration. And the cemetery authorities at the graveyard in Stahnsdorf fell for it. The church issued an immediate apology, calling it a "terrible mistake" and saying they "must immediately see whether and what we can undo."

There are so many incidents that get little to no media attention.

It's unfathomable that this burial was allowed to take place at all, but now the cemetery authorities need to make a decision quickly about how to put things right. Otherwise, the grave may well become a pilgrimage site for Holocaust deniers and antisemites.

The incident has garnered attention in the international press and it will live long in the memory. Like the case of singer-songwriter Gil Ofarim, who recently claimed he was subjected to antisemitic abuse at a hotel in Leipzig. Details of the crime are still being investigated. But there are so many other incidents that get little to no media attention.

Photo of the grave of Jewish musicologist Max Friedlaender

The grave of Jewish musicologist Max Friedlaender

Jens Kalaene/dpa/ZUMA

Crimes against Jews are rising

Across all parts of society, antisemitism is on the rise. Until a few years ago, Jewish life was seen as an accepted part of German society. Since the attack on the synagogue in Halle in 2019, the picture has changed: it was a bitter reminder that right-wing terror against Jewish people has a long, unbroken history in Germany.

Stories have abounded about the coronavirus crisis being a Jewish conspiracy; meanwhile, Muslim antisemitism is becoming louder and more forceful. The anti-Israel boycott movement BDS rears its head in every debate on antisemitism, just as left-wing or post-colonial thinking are part of every discussion.

Jewish life needs to be allowed to step out of the shadows.

Since 2015, the number of antisemitic crimes recorded has risen by about a third, to 2,350. But victims only report around 20% of cases. Some choose not to because they've had bad experiences with the police, others because they're afraid of the perpetrators, and still others because they just want to put it behind them. Victims clearly hold out little hope of useful reaction from the state – so crimes go unreported.

And the reality of Jewish life in Germany is a dark one. Sociologists say that Jewish children are living out their "identity under siege." What impact does it have on them when they can only go to nursery under police protection? Or when they hear Holocaust jokes at school?

Germany needs to take its antisemitism seriously

This shows that the country of commemorative services and "stumbling blocks" placed in sidewalks as a memorial to victims of the Nazis has lost its moral compass. To make it point true north again, antisemitism needs to be documented from the perspective of those affected, making it visible to the non-Jewish population. And Jewish life needs to be allowed to step out of the shadows.

That is the first thing. The second is that we need to talk about specifically German forms of antisemitism. For example, the fact that in no other EU country are Jewish people so often confronted about the Israeli government's policies (according to a survey, 41% of German Jews have experienced this, while the EU average is 28%). Projecting the old antisemitism onto the state of Israel offers people a more comfortable target for their arguments.

Our society needs to have more conversations about antisemitism. The test of German democracy, as McCloy called it, starts with taking these concerns seriously and talking about them. We need to have these conversations because it affects all of us. It's about saving our democracy. Before it's too late.

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