It has been such a slow news day I had to spend hours looking around for something to cover, and the best I could find was some information about my old friend Andy McCabe’s testimony via videoconference today before the Senate Judiciary Committee.
As you might have noticed, there have been some reports bouncing around the internet about Obama Deputy National Security Adviser Ben Rhodes mentioning that Joe Biden has been in touch with foreign leaders about changes he has planned for US foreign policy if he should make it to the inaugural day.
Well, well, well — as I recall it was Joe Biden who was present in the Oval Office on January 5, 2017, when a discussion was had about whether incoming National Security Adviser Gen. Michael Flynn, in communicating with Russian Ambassador Kislyak, had violated the Logan Act. Another participant in that meeting was Jim Comey, and the FBI — with Andrew McCabe as the No. 2 man there — launched a criminal investigation of General Flynn based on the possibility that — as a private citizen — it was a violation of the Logan Act to communicate with officials of a foreign government about US diplomatic policy.
That “investigation”, and Flynn’s communications with Kislyak were the supposed basis for the interview of Gen. Flynn on January 24, 2017, by two FBI Agents — Peter Strzok and Joe Pientka — which later was the foundation for the criminal investigation — and ultimately the guilty plea — of Gen. Flynn regarding whether or not he lied to the Agents during the interview.
Enter U.S. Senator from Texas, Ted Cruz — and one of the most talented actual trial lawyers (the only one?) in the United States Senate. He had a couple of questions for McCabe about Joe Biden:
I expect the Capitol Police came along after this and arrested Sen. Cruz for murder because that was a sacrificial removal of McCabe’s heart and showing it to him while it was still beating before he died.
And it proved one other thing that I have long maintained here and on Twitter — Andrew McCabe was an idiot who simply managed to leverage the FBI’s system for promotion by moving from spot to spot as quickly as possible without doing anything substantial or consequential along the way. “No big cases, no big problems” is the mantra of that crowd in FBI management.
The exchange went on for a bit longer — below is the transcript of those comments:
Andrew McCabe: We didn’t investigate General Flynn because we were concerned that he might violate the Logan Act. We were concerned [crosstalk 01:44:03]-
Senator Cruz: Is your testimony the Logan Act was not a predicate for the FBI and DOJ investigation of General Flynn? Really?
Andrew McCabe: There were no discussions of the Logan Act. [crosstalk 01:44:15]
Senator Cruz: There were no discussions of the Logan Act, the FBI, or DOJ? That is your testimony under penalty of perjury before this committee?
Senator Cruz: And I warn you, there is abundant evidence that there were.
Andrew McCabe: Senator, if you’re not going to let me finish my answer, I’m not going to be able to accurately answer your question.
Senator Cruz: Please go ahead. What is your testimony? Is your testimony, you just said, there was no discussion of the Logan Act, does that remain your testimony?
Andrew McCabe: No, Senator. That’s where you cut off my testimony.
Senator Cruz: Please continue.
Andrew McCabe: I would like to finish my answer.
Senator Cruz: Please continue.
Andrew McCabe: Thank you, thank you. When we initiated the case against General Flynn, it was not initiated for or as a result of any discussion.
Events concerning the election have pushed the Russia Hoax investigation to the background. For Democrats it is “Mission Accomplished.” The goal now is to simply “memory hole” the entire thing.
But this is an exchange that is contradicted in a lot of other places, and if there is a second Trump Administration, this is an exchange that McCabe might come to regret.