Chapter 6: Giuliani in the Shadows?
1 Peter Elkind, “The Problems with the FBI’s Email Investigation Went Well Beyond Comey,” ProPublica, May 11, 2017.
2 https://en.wikipedia.org/wiki/Rudy_Giuliani.
3 www.youtube.com/watch?v=Ho0SM2MmHFc.
4 Rachael Revesz, “Rudy Giuliani Says He Was Picturing Hillary Clinton in ‘Striped Jumpsuit’ While She Was Mocking Him at Al Smith Dinner,” Independent, October 25, 2016.
5 Eytan Avriel, “ ‘King of Oil,’ ” Haaretz, November 25, 2016.
6 “Comey Breaks Silence: White House Tried to Force Incapacitated Ashcroft to Back Spying Program,” ThinkProgress, May 15, 2007.
7 Bethany McLean, “The True Story of the Comey Letter Debacle,” Vanity Fair, February 2017. Two other postelection detailed reports about Comey, including why he chose to write his October 28 letter but, apparently with some inconsistency, chose not to publicize his knowledge that the Russians were meddling and hacking in order to help Trump and harm Clinton, are must-reads: Matt Apuzzo, Michael S. Schmidt, Adam Goldman, and Eric Lichtblau, “Comey Tried to Shield the F.B.I. from Politics,” New York Times, April 22, 2017; and Elkind, “The Problems with the FBI’s Email Investigation.”
8 McLean, “The True Story of the Comey Letter Debacle.”
9 Robert M. Faris et al., “Partisanship, Propaganda, and Disinformation: Online Media and the 2016 U.S. Presidential Election,” https://dash.harvard.edu/handle/1/33759251 (Berkman Klein Center for Internet & Society research paper).
10 Jo Becker and Mike McIntire, “Cash Flowed to Clinton Foundation Amid Russian Uranium Deal,” New York Times, April 23, 2015, https://www.nytimes.com/2015/04/24/us/cash-flowed-to-clinton-foundation-as-russians-pressed-for-control-of-uranium-company.html.
11 Elkind, “The Problems with the FBI’s Email Investigation.”
12 Apuzzo et al., “Comey Tried to Shield the F.B.I.”
13 Elkind, “The Problems with the FBI’s Email Investigation.”
14 Jack Jenkins, “Giuliani Reverses Claim That He Was Leaked Clinton Email Information from Active FBI Agents,” ThinkProgress, November 5, 2016.
15 Matt Zapotosky, “Rudy Giuliani Is Claiming to Have Insider Knowledge. Does He Really?” Washington Post, November 4, 2016.
16 Josh Gerstein, “Comey ‘Enthusiastic’ About Bill Clinton Probe in 2001, FBI Memo Says,” Politico, January 18, 2017.
17 Ibid.
18 Yochi Dreazen, “The Anti-Clinton Insurgency at the FBI, Explained,” Vox, November 6, 2016.
Chapter 7: The Fallacy of the False Choice
1 Karoun Demirjian and Devlin Barrett, “How a Dubious Russian Document Influenced the FBI’s Handling of the Clinton Probe,” Washington Post, May 24, 2017.
2 Greg Miller, Ellen Nakashima, and Adam Entous, “Obama’s Secret Struggle to Punish Russia for Putin’s Election Assault,” Washington Post, June 23, 2017, https://www.washingtonpost.com/graphics/2017/world/national-security/obama-putin-election-hacking/?utm_term=.56119e4348c8
Chapter 8: Comey’s Letter Elects Donald Trump
1 Nate Silver, “The Comey Letter Probably Cost Clinton the Election,” FiveThirtyEight, May 3, 2017.
2 Brad Fay, “Comey Letter Swung Election for Trump, Consumer Survey Suggests,” Huffington Post, March 6, 2017.
3 Sam Wang, “The Comey Effect,” Princeton Election Consortium, December 10, 2106, http://election.princeton.edu/2016/12/10/the-comey-effect/.
4 Dan Hopkins, “Voters Really Did Switch to Trump at the Last Minute,” FiveThirtyEight, December 20, 2016.
5 Sean McElwee, Matt McDermott, and Will Vordan, “4 Pieces of Evidence Showing FBI Director James Comey Lost Clinton the Election,” Vox, January 11, 2017.
6 Kevin Drum, “Let’s Talk About Bubbles and James Comey,” Mother Jones, April 22, 2017. Drum’s series of posts about the Comey Effect costing Clinton the presidency, on the Mother Jones website after the 2016 election and into the spring of 2017, are must-reads.
Epilogue: It’s Time for an Impeachment and Twenty-Fifth Amendment Investigation
1 James Madison, Debates in the Federal Convention of 1787, TeachingAmerican -History.org.
2 Peter Grier, “Richard Nixon’s Resignation,” Christian Science Monitor, August 7, 2014.
3 Deschler’s Precedents (Washington, DC: GPO, 1994), vol. 3, chap. 14, p. 2186.
4 “Comparing the Impeachments of President Johnson and President Clinton,” NBC Learn K–12; Adam Cohen, “An Impeachment Long Ago: Andrew Johnson’s Saga,” CNN.com, December 21, 1998.
5 Deschler’s Precedents, vol. 3, chap. 14, p. 2187.
6 For example, Keith E. Whittington, “Bill Clinton Was No Andrew Johnson,” Pennsylvania Journal of Constitutional Law 22 (2000): 422–65.
7 “House Impeaches Clinton,” CNN.com, December 19, 1998.
8 Susan Low Bloch, “Assessing the Impeachment of President Bill Clinton from a Post 9/11 Perspective,” Georgetown Public Law and Legal Theory Research Paper No. 12-165, 2006, pp. 2–3; Charles L. Black, Jr., Impeachment: A Handbook (New Haven: Yale University Press, 1974), pp. 1–2.
9 David E. Sanger, “Putin Ordered ‘Influence Campaign’ Aimed at U.S. Election, Report Says,” New York Times, January 6, 2017.
10 Philip Allen Lacovara, “What Is Obstruction of Justice?” Washington Post, June 7, 2017.
11 Richard W. Painter and Norman L. Eisen, “The Criminal President?” New York Times, May 17, 2017.
12 Eugene Scott, “Trump Threatens Comey in Twitter Outburst,” CNN.com, May 12, 2017.
13 Philip Rucker and Karoun Demirjian, “Trump Says He Has No ‘Tapes’ of Comey Conversations,” Washington Post, June 22, 2017.
14 “Memorandum Regarding Standards for Impeachment,” Office of the White House Counsel, October 2, 1998.
15 Glenn Kessler, Michelle Ye Hee Lee, and Meg Kelly, “President Trump’s List of False and Misleading Claims Tops 1,000,” Washington Post, August 22, 2017.
16 David E. Sanger and Matt Flegenheimer, “Congress Said to Prod Trump, Who Denies Russia Meddled, to Punish Moscow,” New York Times, June 13, 2017.
17 Clark Mindock, “Vladimir Putin Ordered Russian Hackers to Help Elect Donald Trump,” Independent, June 23, 2017.
18 Mark Moore, “Trump Says Russia, Maybe ‘Other’ Countries, Meddled in US Election,” New York Post, July 6, 2017.
19 Daniel Chaitin, “James Clapper: ‘No Evidence’ to Support Trump’s Suggestion That Foreign Actors Outside of Russia Meddled in Election,” Washington Examiner, July 6, 2017.
20 Jo Becker, Adam Goldman, and Matt Apuzzo, “Russian Dirt on Clinton? ‘I Love It,’ Donald Trump Jr. Said,” New York Times, July 11, 2017.
21 Peter Baker and Maggie Haberman, “Rancor at White House as Russia Story Refuses to Let the Page Turn,” New York Times, July 13, 2017.
22 “Thomas Jefferson on Politics & Government,” letter to Edward Carrington, 1787, https://famguardian.org/subjects/politics/thomasjefferson/jeff1600.htm.
23 James Madison, “Report on the Virginia Resolutions,” January 20, 1800, The Founders’ Constitution, Vol. 5, Amendment I, Document 24 (Chicago: University of Chicago Press, 1987).
24 David Nakamura, “Trump Appears to Promote Violence Against CNN with Tweet,” Washington Post, July 2, 2017.
25 John Cassidy, “Why Did the White House Ignore Sally Yates’s Warning About Michael Flynn?” New Yorker, May 9, 2017.
26 Julie Hirschfeld Davis, “Trump Bars U.S. Press, but Not Russia’s, at Meeting with Russian Officials,” New York Times, May 10, 2017.
27 Sarah Wildman, “Trump Gave the Russians Israeli Intelligence. That’s a Uniquely Bad Country to Compromise,” Vox, May 17, 2017.
28 Zephyr Teachout, “Trump’s Foreign Business Ties May Violate the Constitution,” New York Times, November 17, 2016.
29 “CREW Sues Trump over Emoluments,” press release, Citizens for Responsibility and Ethics in Washington, January 22, 2017.
30 Aaron C. Davis, “D.C
. and Maryland Sue President Trump, Alleging Breach of Constitutional Oath,” Washington Post, June 12, 2017.
31 Cristina Alesci and Jill Disis, “196 Democrats Are Suing President Trump over Foreign Money,” CNNMoney, June 14, 2017.
32 Jill Disis, “Presidential Tax Returns: It Started with Nixon. Will It End with Trump?” CNNMoney, January 26, 2017.
33 Robert Kuttner, “Impeachment or Impairment—the Inevitability of Trump’s Removal,” American Prospect, January 30, 2017, http://prospect.org/article/impeachment-or-impairment-inevitability-trump’s-removal.
34 Brandi Neal, “8 Signs of Malignant Narcissism,” Bustle, January 30, 2017, https://www.bustle.com/p/8-signs-of-malignant-narcissism-34154.
35 F. Diane Barth, “When a Malignant Narcissist Starts to Unravel,” Psychology Today, August 21, 2016, https://www.psychologytoday.com/blog/the-couch/201608/when-malignant-narcissist-starts-unravel.
36 Michael M. Grynbaum, “Trump Calls the News Media the ‘Enemy of the American People,’ ” New York Times, February 17, 2017, https://www.nytimes.com/2017/02/17/business/trump-calls-the-news-media-the-enemy-of-the-people.html.
37 Julie Hirschfeld Davis, “Supreme Court Nominee Calls Trump’s Attacks on Judiciary ‘Demoralizing,’ ” New York Times, February 8, 2017, https://www.nytimes.com/2017/02/08/us/politics/donald-trump-immigration-ban.html.
38 Kristine Phillips, “All the Times Trump Personally Attacked Judges—and Why His Tirades Are ‘Worse Than Wrong,’ ” Washington Post, April 26, 2017, https://www.washingtonpost.com/news/the-fix/wp/2017/04/26/all-the-times-trump-personally-attacked-judges-and-why-his-tirades-are-worse-than-wrong/?utm_term=.34072a2899c3.
Index
A note about the index: The pages referenced in this index refer to the page numbers in the print edition. Clicking on a page number will take you to the ebook location that corresponds to the beginning of that page in the print edition. For a comprehensive list of locations of any word or phrase, use your reading system’s search function.
ABC News/Washington Post poll, 141–42
Abedin, Huma, 99–100, 113, 124, 130–31, 134–35, 136
AOL email system, 13, 14, 23, 25–26, 77
AP-GfK poll, 141
Apuzzo, Matt, 31, 32, 37, 38, 39–40, 42, 57
Ashcroft, John, 107
Associated Press, 23
Barak, Ehud, 105
Baron, Jason R., 18–19, 20, 21
Barth, F. Diane, 197n
Benghazi attack (2012), 8, 37, 38, 53, 87, 103
Biden, Joseph R. Jr., 185
Black, Charles, 165, 175
Blitzer, Wolf, 117
Bloch, Susan Low, 165
Blumenthal, Sidney, 25
Brennan, John O., 166
Bush, George W., 106, 107, 126, 173
Bush, Jeb, 110n
Butler, Benjamin, 163
Byrd, Robert, 11
cable news programs. See also media
Clinton emails story covered in, 15, 21, 23, 35, 41, 89, 134
Clinton’s negative polls and, 51–52
Caddell, Pat, 134
Card, Andrew, 106, 107
Cartwright, Matt, 88, 89
Chaffetz, Jason, 88, 134
China
“One China” policy and, 190
South China Sea aggression of, 52
State Department server hacking by, 26
Trump brand licensing in, 190
Trump Tower bank ownership by, 190
Citizens for Responsibility and Ethics (CREW), 188–89
Clapper, James R. Jr., 166, 178
classification of Clinton emails
Clinton’s BlackBerry use and, 14
Clinton’s lack of awareness of, 12, 13
differences of opinion about, 35, 46
Intelligence Community and, 45–46, 75, 87–88, 89
McCullough’s memo on, 42, 48, 70, 71–72
media on, 49–50, 77–78, 83, 89–90
private email systems used by secretaries of state and, 13, 25
proper use of headings and markings in, 28–29, 43, 45, 87–88, 89
“referral” wording issue and, 46–47, 50, 61, 68–69, 71–72, 78
review issues about, 44, 48, 75, 114
senior officials using unsecure channels and, 13, 28, 45
Toobin on political consequences of accusations about, 93–94
classified information
Clinton emails with, 43–44, 45, 53
Comey on Clinton and, 72–73, 76, 84–89
Comey’s letter to Congress about, 121–22
Comey’s review of Abedin’s emails for, 130–31
congressional investigation of, 77, 87, 88
FBI investigation into Clinton emails with, 76, 86, 112n, 113, 121–22
Holder on, 127
McCullough on, 75, 76–77
Petraeus’s handling of, 94
possible criminal investigation of “mishandling” of, 49–50, 68–71
Powell and, 14, 25
secure channels required for, 12
Trump’s release to Russians of, 185, 202–3
Weiner’s laptop with, 113
Clinton, Bill
as governor, 5, 10
Hillary’s experiences during presidency of, 5, 8–9
impeachment proceedings involving, 159, 162, 164–65, 175
Lynch’s visit with, 78, 94–95, 96
media’s critical treatment of, 9, 51, 54
Rich’s pardon and, 104, 105–6
Whitewater story and, 6
Clinton, Hillary
Benghazi hearings and, 8, 87, 103
email use by, while secretary of state, See Clinton emails
FBI agents’ attitude toward, 99, 102, 109–10, 124
media’s treatment of, 5, 9, 54–55, 110–11
New York Times endorsements of, 55
penchant for secrecy of, 27
presidential election and. See presidential election
as secretary of state, 5, 11
as senator, 5, 10–11
as spouse of governor, 5, 10
story about criminal email use by. See Clinton emails story
Whitewater and. See Whitewater controversy
Clinton campaign. See also presidential election
impact of FBI leaks about Clinton investigation on, 102, 106, 109, 111, 112, 114, 117, 124
lack of preparation to deal with emails story by, 5
polls and. See polls
Clinton emails, while secretary of state, 11–14
attorney’s retention of, 47, 72
classification markings of. See classification of Clinton emails
Clinton’s decision to use private email server for, 5
Clinton’s desire to release, 27
Clinton’s press conference on, 27–28
Comey on Clinton’s “careless” handling of, 90–91
Comey on lack of evidence of hacking of, 26, 47, 83
Comey’s November 6, 2016, letter about no emails found, 101, 131–32
Comey’s October 28, 2016, letter about FBI investigation of. See Comey’s letter to Congress
criminal investigation into, 76, 86, 112n, 113, 121–22
House’s release of Powell-Clinton emails, 24
inspectors general investigation and memo on, 31–32, 33–34, 44–46, 48
inspectors general later joint public statement on, 35, 43–44, 46–47
media coverage of. See Clinton emails story
possible evidence of hacking or interception of, 16
possible illegal conduct concerning preservation of, 16–22
precedent of Powell’s use of private server and, 13–14, 23, 24–26, 28
preservation requirements for, 17–18, 20–21
review of Abedin’s emails for information about, 130–31
Secret Service supervision of private server used for, 12, 23
unusual use of private server for, 18–19, 20, 21
Clinton emails story
alleged “criminal referral” wording issue and, 61, 68–69, 71–72, 78
classification markings and. See classification of Clinton emails
Clinton’s negative personal ratings related to, 23–24
Clinton’s “poor judgment” as focus of, 22–23, 26
Clinton’s 2016 campaign dominated by, 23
concerns about New York Times coverage of, 50–51, 52, 54–55
hacking of Powell’s private email server and, 24–26
inspectors general “security referral” memo and, 31, 32–43
New York Times on call for inquiry about, 31–35, 36–41
possible illegal conduct with, 16–17, 18–19, 22
precedent of Powell’s use of private server and, 23, 24–26, 53, 77
Republicans’ speculation on supposed wrongdoing and, 27, 29
Wall Street Journal on, 19–20, 26
Washington Post’s editorial on media coverage of, 52–54
Clinton Foundation, 55n, 108, 109–10, 111, 119
CNN, 20
Clinton emails story on, 21, 26, 77, 116, 117
Trump’s criticism of, 182–83, 199
Coats, Daniel, 170–71, 174, 175
Cohen, David S., 185
Coleman, Randall C., 74
Comey, James
Abedin’s emails reviewed by, 130–31
Bush’s antiterrorist surveillance program and, 106–7
classification of Clinton emails and, 72–73, 76, 84–89
comments on Clinton’s “careless” handling of emails by, 90–91
Justice’s investigation of handling of Clinton emails by, 115, 119
Justice’s relationship with, 56, 95–97, 101
on lack of evidence of hacking of Clinton emails, 26, 47, 83
letter to Congress (November 6, 2016) about no emails found by, 101, 131–32
personal loyalty request from Trump to, 167, 169–70, 171, 172, 198
reputation for integrity of, 107, 123
Trump’s firing of, 2, 167–68, 172
Trump’s obstruction of justice and cover-up and, 167–75
Weiner’s laptop investigation by, 1, 100–101, 102, 112–13, 114–15, 116, 124, 125
Comey’s letter to Congress (October 28, 2016), 133–55
The Unmaking of the President 2016 Page 20