Sunday, 06 May 2018 15:20

Why The Justice Department Is Defiant

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Authored by Kimberley Strassel, op-ed via The Wall Street Journal,

A House subpoena, another missed deadline. What is the department hiding?

The feud that has simmered for months between Congress and the Justice Department erupted this week into a cage match. That’s because the House is homing in on the goods.

Until this week, Deputy Attorney General Rod Rosenstein and fellow institutionalists at the department had fought Congress’s demands for information with the tools of banal bureaucracy - resist, delay, ignore, negotiate. But Mr. Rosenstein took things to a new level on Tuesday, accusing House Republicans of “threats,” extortion and wanting to “rummage” through department documents. A Wednesday New York Times story then dropped a new slur, claiming “Mr. Rosenstein and top FBI officials have come to suspect that some lawmakers were using their oversight authority to gain intelligence about [Special Counsel Bob Mueller’s ] investigation so that it could be shared with the White House.”

Mr. Rosenstein isn’t worried about rummaging. That’s a diversion from the department’s opposite concern: that it is being asked to comply with very specific - potentially very revealing - demands. Two House sources confirm for me that the Justice Department was recently delivered first a classified House Intelligence Committee letter and then a subpoena (which arrived Monday) demanding documents related to a new line of inquiry about the Federal Bureau of Investigation’s Trump investigation. The deadline for complying with the subpoena was Thursday afternoon, and the Justice Department flouted it. As the White House is undoubtedly monitoring any new congressional demands for information, it is likely that President Trump’s tweet Wednesday ripping the department for not turning over documents was in part a reference to this latest demand.

Republicans also demand the FBI drop any objections to declassifying a section of the recently issued House Intelligence Committee report that deals with a briefing former FBI Director James Comey provided about former national security adviser Mike Flynn. House Republicans say Mr. Comey told them his own agents did not believe Mr. Flynn lied to them. On his book tour, Mr. Comey has said that isn’t true. Someone isn’t being honest. Is the FBI more interested in protecting the reputations of two former directors (the other being Mr. Mueller, who dragged Mr. Flynn into court on lying grounds) than in telling the public the truth?

It’s hard to have any faith in the necessity of the more than 300 redactions in the House Intel report, most of which the Republican committee members insist are bogus and should be removed. On every occasion that Justice or the FBI has claimed material must be withheld for the sake of national security or continuing investigations, it has later come out that the only thing at stake were those institutions’ reputations. Think the Comey memos, which showed the former director had little basis for claiming obstruction. Or Sen. Chuck...

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