This article is part of an ongoing series of dispatches by historian Eric Zuesse
The biggest crime that a US President can commit is to try to defeat American democracy (the Constitutional functioning of the US Government) itself, either by working with foreign powers to take it over, or else by working internally within America to sabotage democracy for his or her own personal reasons. Either way, it’s treason (crime that is intended to, and does, endanger the continued functioning of the Constitution itself*), and Mr. Obama is now being actively investigated, as possibly having done this. The Russiagate investigation, which had formerly focused on the current US President, has reversed direction and now targets the prior President. Although he, of course, cannot be removed from office (since he is no longer in office), he is liable under criminal laws, the same as any other American would be, if he committed any crime while he was in office.
A December 17th order by the FISA (Foreign Intelligence Surveillance Act) Court severely condemned the performance by the FBI under Obama, for having obtained, on 19 October 2016 (even prior to the US Presidential election), from that Court, under false pretenses, an authorization for the FBI to commence investigating Donald Trump’s Presidential campaign, as being possibly in collusion with Russia’s Government. The Court’s ruling said:
In order to appreciate the seriousness of that misconduct and its implications, it is useful to understand certain procedural and substantive requirements that apply to the government’s conduct of electronic surveillance for foreign intelligence purposes. Title I of the Foreign Intelligence Surveillance Act (FISA ), codified as amended at 50 USC. 1801-1813, governs such electronic surveillance. It requires the government to apply for and receive an order from the FISC approving a proposed electronic surveillance. When deciding whether to grant such an application, a FISC judge must determine among other things, whether it provides probable cause to believe that the proposed surveillance target is a “foreign power” or an agent a foreign power. …
The government has a heightened duty of candor to the FISC in ex parte proceedings, that is, ones in which the government does not face an adverse party, such as proceedings on electronic surveillance applications. The FISC expects the government to comply with its heightened duty of candor in ex parte proceedings at all times. Candor is fundamental to this Court’s effective operation. …
On December 9, 2019, the government filed, with the FISC, public and classified versions of the OIG Report. … It documents troubling instances in which FBI personnel provided information to NSD[National Security Division of the Department of Justice] which was unsupported or contradicted by information in their possession. It also describes several instances in which FBI personnel withheld from NSD information in their possession which was detrimental to their case for believing that Mr. [Carter] Page was acting as an agent of a foreign power. …
On December 18th, Martha McCallum, of Fox News, interviewed US Attorney General Bill Barr, and asked him (at 7:00 in the video) how high up in the FBI the blame for this (possible treason) goes:
MACCALLUM: Were you surprised that he [Obama’s FBI Director James Comey] seemed to give himself such a distance from the entire operation?
“JAMES COMEY: As the director sitting on top of an organization of 38,000 people you can’t run an investigation that’s seven layers below you. You have to leave it to the career professionals to do.”
MACCALLUM: Do you believe that?
BARR: No, I think that the — one of the problems with what happened was precisely that they pulled the investigation up to the executive floors, and it was run and bird dogged by a very small group of very high level officials. And the idea that this was seven layers below him is simply not true.
The current (Trump) A.G. there called the former (Obama) FBI Director a liar on that.
If Comey gets heat for this possibly lie-based FBI investigation of the US Presidential nominee from the opposite Party of the sitting US President (Comey’s own boss, Obama), then protecting himself could become Comey’s top motivation; and, in that condition, protecting his former boss might become only a secondary concern for him.
Moreover, as was first publicly reported by Nick Falco in a tweet on 5 June 2018 (which tweet was removed by Twitter but fortunately not before someone had copied it to a web archive), the FBI had been investigating the Trump campaign starting no later than 7 October 2015. An outside private contractor, Stefan Halper, was hired in Britain for this, perhaps in order to get around laws prohibiting the US Government from doing it. (This was ‘foreign intelligence’ work, after all. But was it really? That’s now being investigated.) The Office of Net Assessment (ONA) “through the Pentagon’s Washington Headquarters Services, awarded him contracts from 2012 to 2016 to write four studies encompassing relations among the US, Russia, China and India”. Though Halper actually did no such studies for the Pentagon, he instead functioned as a paid FBI informant (and it’s not yet clear whether that money came from the Pentagon, which spends trillions of dollars that are off-the-books and untraceable), and at some point Trump’s campaign became a target of Halper’s investigation. This investigation was nominally to examine “The Russia-China Relationship: The impact on US Security interests.” Allegedly, George Papadopoulos said that “Halper insinuated to him that Russia was helping the Trump campaign”, and Papadopoulos was shocked at Halper’s saying this. Probably because so much money at the Pentagon is untraceable, some of the crucial documentation on this investigation might never be found. For example, the Defense Department’s Inspector General’s 2 July 2019 report to the US Senate said “ONA personnel could not provide us any evidence that Professor Halper visited any of these locations, established an advisory group, or met with any of the specific people listed in the statement of work.” It seems that the Pentagon-contracted work was a cover-story, like pizza parlors have been for some Mafia operations. But, anyway, this is how America’s ‘democracy’ actually functions. And, of course, America’s Deep State works not only through governmental agencies but also through underworld organizations. That’s just reality, not at all speculative. It’s been this way for decades, at least since the time of Truman’s Presidency (as is documented at that link).
Furthermore, inasmuch as this operation certainly involved Obama’s CIA Director John Brennan and others, and not only top officials at the FBI, there is no chance that Comey would have been the only high official who was involved in it. And if Comey was involved, then he would have been acting in his own interest, and not only in his boss’s — and here’s why: Comey would be expected to have been highly motivated to oppose Mr. Trump, because Trump publicly questioned whether NATO (the main international selling-arm for America’s ‘defense’-contractors) should continue to exist, and also because Comey’s entire career had been in the service of America’s Military-Industrial Complex, which is the reason why Comey’s main lifetime income has been the tens of millions of dollars he has received via the revolving door between his serving the federal Government and his serving firms such as Lockheed Martin. For these people, restoring, and intensifying, and keeping up, the Cold War, is a very profitable business. It’s called by some “the Military-Industrial Complex,” and by others “the Deep State,” but by any name it is simply agents of the billionaires who own and control US-based international corporations, such as General Dynamics and Chevron. As a governmental official, making decisions that are in the long-term interests of those investors is the likeliest way to become wealthy.
Consequently, Comey would have been benefitting himself, and other high officials of the Obama Administration, by sabotaging Trump’s campaign, and by weakening Trump’s Presidency in the event that he would become elected. Plus, of course, Comey would have been benefitting Obama himself. Not only was Trump constantly condemning Obama, but Obama had appointed to lead the Democratic National Committee during the 2016 Presidential primaries, Debbie Wasserman Schultz, who as early as 20 February 2007 had endorsed Hillary Clinton for President in the Democratic Party primaries, so that Shultz was one of the earliest supporters of Clinton against even Obama himself. In other words, Obama had appointed Shultz in order to increase the odds that Clinton — not Sanders— would become the nominee in 2016 to continue on and protect his own Presidential legacy. Furthermore, on 28 July 2016, Schultz became forced to resign from her leadership of the DNC after WikiLeaks released emails indicating that Schultz and other members of the DNC staff had exercised bias against Bernie Sanders and in favor of Hillary Clinton during the 2016 Democratic primaries — which favoritism had been the reason why Obama had appointed Shultz to that post to begin with. She was just doing her job for the person who had chosen her to lead the DNC. Likewise for Comey. In other words: Comey was Obama’s pick to protectClinton, and to oppose Trump (who had attacked both Clinton and Obama).
Nowadays, Obama is telling the Party’s billionaires that Elizabeth Warren would be good for them, but not that Sanders would — he never liked Sanders. He wants Warren to get the voters who otherwise would go for Sanders, and he wants the Party’s billionaires to help her achieve this (be the Party’s allegedly ‘progressive’ option), so that Sanders won’t be able to become a ballot option in the general election to be held on 3 November 2020. He is telling them whom not to help win the Party’s nomination. In fact, on November 26th, Huffington Post headlined “Obama Said He Would Speak Up To Stop Bernie Sanders Nomination: Report” and indicated that though he won’t actually say this in public (but only to the Party’s billionaires), Obama is determined to do all he can to prevent Sanders from becoming the nominee. In 2016, his choice was Hillary Clinton; but, today, it’s anyone other than Sanders; and, so, in a sense, it remains what it was four years ago — anyone but Sanders.
Comey’s virtually exclusive concern, at the present stage, would be to protect himself, so that he won’t be imprisoned. This means that he might testify against Obama. At this stage, he’s free of any personal obligation to Obama — Comey is now on his own, up against Trump, who clearly is his enemy. Some type of back-room plea-bargain is therefore virtually inevitable — and not only with Comey, but with other top Obama-appointees, ultimately. Obama is thus clearly in the cross-hairs, from now on. Congressional Democrats have opted to gun against Trump (by impeaching him); and, so, Trump now will be gunning against Obama — and against the entire Democratic Party (unless Sanders becomes its nominee, in which case, Sanders will already have defeated that Democratic Party, and its adherents will then have to choose between him versus Trump; and, so, too, will independent voters).
But, regardless of what happens, Obama now is in the cross-hairs. That’s not just political cross-hairs (such as an impeachment process); it is, above all, legal cross-hairs (an actual criminal investigation). Whereas Trump is up against a doomed effort by the Democratic Party to replace him by Vice President Mike Pence, Obama will be up against virtually inevitable criminal charges, by the incumbent Trump Administration. Obama played hardball against Trump, with “Russiagate,” and then with “Ukrainegate”; Trump will now play hardball against Obama, with whatever his Administration and the Republican Party manage to muster against Obama; and the stakes this time will be considerably bigger than just whether to replace Trump by Pence.
Whatever the outcome will be, it will be historic, and unprecedented. (If Sanders becomes the nominee, it will be even more so; and, if he then wins on November 3rd, it will be a second American Revolution; but, this time, a peaceful one — if that’s even possible, in today’s hyper-partisan, deeply split, USA.)
There is no way that the outcome from this will be status-quo. Either it will be greatly increased further schism in the United States, or it will be a fundamental political realignment, more comparable to 1860 than to anything since. The US already has a higher percentage of its people in prison than does any other nation on this planet.Americans who choose a ‘status-quo’ option will produce less stability, more violence, not more stability and a more peaceful nation in a less war-ravaged world. The 2020 election-outcome for the United States will be a turning-point; there is no way that it will produce reform. Americans who vote for reform will be only increasing the likelihood of hell-on-Earth. Reform is no longer an available option, given America’s realities. A far bigger leap than that will be required in order for this country to avoid falling into an utter abyss, which could be led by either Party, because both Parties have brought the nation to its present precipice, the dark and lightless chasm that it now faces, and which must now become leapt, in order to avoid a free-fall into oblivion.
The problem in America isn’t either Obama or Trump; it’s neither merely the Democratic Party, nor merely the Republican Party; it is instead both; it is the Deep State. That’s the reality; and the process that got us here started on 26 July 1945 and secretly continued on the American side even after the Soviet Union ended and Russia promptly ended its side of the Cold War. The US regime’s ceaseless thrust, since 26 July 1945, to rule the entire world, will climax either in a Third World War, or in a US revolution to overthrow and remove the Deep State and end its dictatorship-grip over America. Both Parties have been controlled by that Deep State, and the final stage or climax of this grip is now drawing near. America thus has been having a string of the worst Presidents — and worst Congresses — in US history. This is today’s reality. Unfortunately, a lot of American voters think that this extremely destabilizing reality, this longstanding trend toward war, is okay, and ought to be continued, not ended now and replaced by a new direction for this country — the path toward world peace, which FDR had accurately envisioned but which was aborted on 26 July 1945. No matter how many Americans might vote for mere reform, they are wrong. Sometimes, only a minority are right. Being correct is not a majority or minority matter; it is a true or false matter. A misinformed public can willingly participate in its own — or even the world’s — destruction. That could happen. Democracy is a prerequisite to peace, but it can’t exist if the public are being systematically misinformed. Lies and democracy don’t mix together any more effectively than do oil and water.
NOTE
* The given official US definition of “treason” (see top of page 3 there) is “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.” Any US official has sworn to uphold and defend, never to subvert, the Constitution of the United States, and this is defining the US, itself, as being the continued functioning of the US Constitution. Treason is thus the supremely illegal act under US law, the act that violates any US official’s oath of office. (When treason is perpetrated by someone who is not a US official, it is still a severe crime, but less severe than it is for any US official.) The phrase “levies war against them” means war against the functioning of the Constitution that is their supreme law. “Or” means alternatively, and “adheres to their enemies” means is a follower of any person or other entity that seeks to impose a different constitution. “Enemies” is not defined — it need not be a foreign opponent; it may be a domestic opponent of the US Constitution. Thus, an American can be an enemy of the United States of America. In fact, the official definition explicitly refers ONLY to an entity “owing allegiance to the United States.” (Obviously, that especially refers to any US official.) This is how a “traitor” is understood, in US law. Obviously, the worst traitor would be one who committed the treasonous act(s) while a US official.
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ERIC ZUESSE, Senior Contributing Editor • Investigative historian Eric Zuesse is the author, most recently, of They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010, and of CHRIST’S VENTRILOQUISTS: The Event that Created Christianity. Besides TGP, his reports and historical analyses are published on many leading current events and political sites, including The Saker, Huffpost, Oped News, and others.
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