The Loretta Lynch Logic Volcanoes

"Logic Volcano" is my new metaphor for a situation fraught with hazard and the danger of self-immolation for any participant who is forced by circumstances to explain seemingly illogical behavior logically.

I imagine someone can walk up to the rim of the crater of a logic volcano and survive, but they have to offer up some explanation in which the response of the (unfortunately bloodthirsty) villagers is "Yes. That makes sense. I get it now. " If the potential sacrificial offering to the gods of common sense fails to meet that standard, the villagers crowd around posting furiously on their message boards and twitters until the subject is either nudged by group skepticism into the burning center or chooses to jump in defensively shouting "That's my story and I'm sticking to it."

Let us now turn to the latest person to trudge up the slope of the active and rumbling and smoke spewing natural disaster known collectively as "the damn email" of Hillary Clinton, Loretta Lynch.

AG Lynch (known after in this essay as AGL) was ensnared in the toxic fumes simply by virtue of her position, head of the Obama Justice Department at a time when the actions and inactions of his former SOS Hillary Clinton first came under scrutiny. I won't go into any of the preamble - read the timeline- but let's just skip to the final crunch point.

Long story short, AGL decides that for some reason or reasons, she will abdicate, abrogate, abandon, (pick your verb) her usual duty or responsibility to make the decision as to whether to prosecute former SOS HRC after a long and thorough investigation.

The most interesting question to ponder is - when and why did she arrive at her decision to punt her executive mandate? She offers two conflicting (IMO) variants.

In variant A she decided long before the Airport Incident to punt.

If that's the case, why not just go the recuse road from the getgo and tell us why - too close, personal relationship, etc. and appoint an Independent Prosecutor as some suggested the day this can of worms raised its head?

In Variant B- AGL opines that the public's concern about the Airport Incident caused her to allay their fears by voicing a solution she had already decided upon to address an issue the public didn't know they had, but she did, but they became aware of . . . after the airport incident?

So how does that make any sense, at all period?

AGL also borrowed a play from the Clinton playbook - deflecting questions about her own behavior by deflecting effusively about the professionalism of her own underlings.

Which brings me to another point. AGL made a big point, as have others in other simular situations about how the big decisions are always being made by "career professionals", the implication being that the career professionals are the oak trees of government service, standing strong and stalwart and keeping the government running despite the seasonal influx of temporary political appointees who will bloom briefly and vibrantly but then die a predictable and natural death, go to seed and flower in other political fields.

You know what? I think that possibly the people most prone to political cowering and favor currying would be the people who rely and depend on their jobs as their long-term livelihood and I would imagine that they would be the last people in the world to buck whatever the obvious gales of the day are. Instead of the oak, which stands stalwart and falls in strong winds, perhaps they are more the reeds, who bend and survive to outlast other storms on other days in other administrations (See Aesop).

I am in no way impugning the integrity of long-term, life-long bureaucrats who basically keep the lights on and the trains running in our government, but I am saying that common sense tells me that large numbers of them may be more interested in going with the flow and surviving multiple executive suite changes than in standing up to the new SOS or AG and saying "Sorry. Can't do that. Not proper. Not legal. Not ethical." What happens to the "professional class" i.e. middle management in the corporate world when regime change is implemented? I've been there. They keep their heads down and try to get noticed favorably.

One last thing about the Lynch testimony that I noticed. I have been dying for someone to flat out ask - "Who was there?"

I have heard it was just BC, AGL and her husband and I have also heard/read that some of her staff was present. If some of her staff was present, that would make many people feel a lot better that the meeting was just a boring personal meet and greet with Bill blathering on about his golf game his grandkids and his travel. But, if I am not mistaken, and I am still waiting for the transcript, I thought I heard AGL say that the people on the plane were: her, her husband, BC and the pilot and co-pilot? Really? The pilot and co-pilot? Were they just offering the left-over peanuts? Vacuuming? I know that we have sequester and cutbacks and I have no idea what the expectations are of government pilots in these times of austerity.

Assuming that the crew wasn't roaming the aisles and asking the confab attendees to hand over their Styrofoam cups, there actually did occur the worst possible scenario - a private half hour meeting inside a government jet on an isolated tarmac between the possible target/witness of an investigation and their prosecutor without any credible witnesses as to what occurred or who said what.

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MsGrin's picture

Nicely done.

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

Phoebe Loosinhouse's picture

My world view was profoundly influenced by a copy of Aesop's fables I was given as a child by my grandmother - the one with the Arthur Rackham illustrations. Great tool for showing how constant human foibles are throughout the ages.

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" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "

riverlover's picture

was on a chartered Cessna flight. He also passed back the drinks cooler. Nice view, with no bulkhead.

I could listen to under an hour of that. Grandstanding, mewling, the Republicans asked pointed questions and she answered not a one. In actual sentences, she became a salad shooter.

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featheredsprite's picture

early on, citing a personal relationship with the subject of the investigation. That would have been honorable and no one would have thought less of her for it.

Honor is hard to come by, isn't it?

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Life is strong. I'm weak, but Life is strong.

riverlover's picture

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Phoebe Loosinhouse's picture

secret unplanned meeting was revealed, thus spoiling the whole gameplan. I attribute that to members of the elite thinking that they are somehow invisible to the proles if they choose to be - they think because they don't notice the little people the little people don't have the ability to notice them.

This is a theme that crops up in Agatha Christie quite often - the privileged don't see the faces of the maids, drivers, servers, airport tarmac crew, etc. - they might as well be Lego people, the faceless hordes of the working classes. And yet, it was (probably IMO) one of these Lego people minions at the airport who dropped the dime on Loretta and Bill.

The committee did not ask a number of questions I would have asked, but one of them definitely would have been:

"AGL, what were your own plans to reveal this inappropriate meeting to the public?"

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" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "

47% comments come to mind.

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Democrats, we tried to warn you. How is that guilt and shame working out?

OLinda's picture

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Steven D's picture

because she was resisting the non-indict pressure. Once he did what he did she was screwed, and I suspect but cannot ever prove that she told Comey that her office would have to give the recommendation whenever it came a long and thorough review - i.e. almost a second investigation - by new attorneys - that would have resulted in a lengthy delay until say, after the election.

Which I suspect was when Comey made the decision to say screw it and scheduled his own press conference without notifying Obama or AGL and announced he would not recommend any indictment with the - as I see them now - sarcastic references to "no reasonable prosecutor" would bring such a case. In effect, he acted before he became the scapegoat. Instead, while he took some flack, he was able to insure AGL looked bad (coming on the heels of the tarmac summit) and also making Hillary look as bad as he could absent an indictment through his implict and sometimes explicit references to her carelessness and incompetence.

Remember the standard to make a recommendation on a criminal charge is whether or not there is probable cause to believe the suspect committed a crime, not that the suspect committed a crime beyond the reasonable doubt standard, which in any event is a question for the jury. That's what prosecutors get paid to do - make decisions as to whether cases where probable cause exists are worth bringing in indictments.

This is just speculation mind you. I could be completely off base. But from what I heard at the Comey press conference and then from him at his hearing before the congressional committee, probable cause did exist to charge Hillary and/or her underlings with violations of the law. My guess is that one or more of Hillary's aides would have been found culpable of something, and that would have put great pressure on them to make a deal. But Comey knew no indictment was going to come down against anyone, regardless. So, he made the decision to do what he did, imo, because he saw the way the wind was blowing, and rather than get shat on for recommending an indictment that he knew Lynch and Obama would not approve in a timely fashion, he let loose the first fart if you will (forgive me the scatological metaphors).

Then again, maybe Comey was bought off or intimidated as well. We may never know for certain.

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"You can't just leave those who created the problem in charge of the solution."---Tyree Scott

elenacarlena's picture

back and told her peeps to announce no indictment. But hey, it's not coming from her, after all! It looks like the fix was in.

Now Hillary will never shake Trump's "Crooked" label.

Passive aggressive much, Bill? Want to be the only Prez in the family?

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Bill needs Hill to get back to the White House and the Lincoln bedroom. After all, Hill's making him her economic czar. Bill didn't eff Hill, he saved her ass by reminding Loretta that he made her career. In order to keep the Clinton Family Foundation running smoothly, one of them must be in Big Power positions (to sell favors), at all times. Hill, as a senator from NY, cultivated Wall Street money connections, lobbyists, and American CEOs. As secretary of State, she cultivated foreign governments.

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Phoebe Loosinhouse's picture

in order to broker power which is what they do.

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" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "

GreyWolf's picture

any person that would want to keep their job

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MsGrin's picture

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'What we are left with is an agency mandated to ensure transparency and disclosure that is actually working to keep the public in the dark' - Ann M. Ravel, former FEC member

... so of course I think you're right! My variation on this is that the President came right out and endorsed Hillary, making it clear to both Lynch and Comey what the boss's expectation was; and added to that was Lynch's announcement (after Bill pulled his little stunt, requiring some sort of public statement from her) that she fully expected to follow the FBI's recommendation. At that point, Comey could not avoid being the fall guy; his superiors expected him to put the kibosh on any chance of indictment. Trouble was, doing that would be against his professional opinion that she committed crimes. So, to thread that needle, he went rogue and held a press announcement to make a legally ludicrous case for not recommending indictment (I like your take on the "no reasonable prosecutor" phrase as sarcasm) in order to fulfill Obama's expectation, but not before explaining to the public in great detail just what illegal actions Hillary had actually taken. The added bonus, as you say, was to put the job of deciding whether to indict back where it belonged: on Lynch. Quite a brilliant move, I thought—and courageous, because the purposely tortured legal reasoning in his presentation exposed him to general criticism and vilification by legal experts that he doesn't deserve.

The reason I don't think that Comey was bought off or intimidated is that to just comply with demands, all he needed to do was follow standard protocol and privately recommend no indictment to the State Department. The public statement itself is proof that he purposely chose a creative path in order to make the public aware of the facts anyway.

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Phoebe Loosinhouse's picture

and the "exhaustive" investigation is that the impetus for the whole exercise was a referral from the IG about the presence of classified information on SOS Clinton's server(s).

Yet, in his testimony before Congress, Comey stated that they DID NOT look into how that breach occurred! I'm talking about the how, when and by whom of the process by which secure information transferred into unclassified systems. How could that not have been the central focus of the investigation? Comey says he didn't give a hoot about all the low-level later up-classified stuff which I agree with. But he himself said that some of the material was of the highest level! He also said it was probable/possible that the system was hacked.

Putting aside all other angles to this whole fiasco, the lingering question which remains for the American public is "Did Hillary Clinton put any American lives or the country's national security at risk due to her "careless" and clueless practices? President Obama answered that question definitively as "No." Is he correct? What is Comey's answer to that question? What would be the answer of the IG who made the referral in the first place?

Let's go back to guilty knowlege and intent on the part of HRC. Why did she in an email exchange with an underling express surprise that a third party in the DOS they were communicating officially with was using a private email? She was surprised because . . . . it was not allowed? It was insecure? It was inappropriate? It was wrong? It was illegal?

Barring any new developments, I think this will be the last time I ever opine or write about the whole email fracas. It's pointless. It has been definitively established that HRC operates under different guidelines than the rest of us, which brings out a disturbing proclivity of Democrats in general.

Democrats play a form of Calvinball with the American public. Prior to this incident Democrats were shocked! shocked! at Rove's private servers and the bypass of any accountability and oversight. But Hillary does it, and suddenly its okay and part of our own new rule book - who cares about transparency? It's simply a marketing slogan. Democrats in positions of power are shocked by so many things - torture, illegal wars, private servers, social and economic injustices, etc. up to and until the exact moment when some strong action could be taken to address the problem and then the crumble commences.

One thing you can say about the Republicans is that while one may not agree with their convictions, they at least have the courage to act upon them. For example, they wouldn't serve a Congressional subpoena like Conyers did to Rove and then fail to execute it. So the Party with all the wrong inclinations will fight tooth and nail to protect their mores and standards while the Party with (supposedly) all the right inclinations will fold like a flimsy chair on a convention floor when any subject of real ethical/moral weight presents itself.

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" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "

riverlover's picture

Hell, even when I was a kid, back in the days when there were gangs of kids roaming, with more than three in any made-up game (and we had plenty) there were constant rules and regulations that were enforced. Without the use of force, for the most part.

Have the magnetic poles switched? Would anyone tell us if they did? would it matter?

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davidincleveland's picture

unless he/she is (clearly, to the vetting ptb) corruptible. We don't have an uncorrupted system/culture anywhere on the planet. It's kind of the perpetual human condition. It helps explain this religious notion. [video:https://www.youtube.com/watch?v=-e3l5TM41-w]

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TheOtherMaven's picture

I'd prefer a bit more "bottom" and a bit less vibrato, but well performed anyway. OTOH if you want to hear someone pull out all the stops, try this: https://www.youtube.com/watch?v=eDtZtnoPXU8

Jerome Hines was a Fundagelical and a most sincere one. It shows.

With that said, this is a piece I would like to see my mother's next-door neighbors' son get his teeth into - he has a big booming shake-the-floorboards bass, and I think he's got the same...convictions. (He's hoping for a career at the Met, and I'm hoping he makes it.)

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There is no justice. There can be no peace.

Phoebe Loosinhouse's picture

At some point we will have to hit a critical mass where Americans realize that their systems and processes have been thoroughly corrupted - the electoral system, the judicial system, the political system, the financial systems, they are all simply tools to be exploited on behalf of the 1%.

I have no idea how to correct wholesale, systemic corruption that has invaded the entire ecosystem of a nation. People should read about what Italy tried to do during the Mani Pulite era of the nineties for some modern insight.

Corruption is a parasite that inevitably leads to collapse of the host when the voraciousness of the organism surpasses the ability of the host to sustain it. I think we're close.

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" “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” FDR "

Most people are aware of that there is massive corruption going on. What is not in focus, is the source of that corruption. Conservatives blame minorities, crime, porn, drugs, laziness and atheism. 'Liberals' blame conservatives. It takes some thought and dedication to realize that both groups are just pawns in the same game - the elite pushing pieces on the board - but they always make sure they win.

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Democrats, we tried to warn you. How is that guilt and shame working out?

Raggedy Ann's picture

I have to wonder, no I speculate the incesstuousness of it all. Lynch appointed to the bench by Bill, Obama names her AG on whose recommendation(?), do we know(?), and suddenly all debts are called in for innocent little hrc. Something smells real bad here.

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"The “jumpers” reminded us that one day we will all face only one choice and that is how we will die, not how we will live." Chris Hedges on 9/11

jamess's picture

"pretzel logic"

when prosecutors tie themselves into knots,

to avoid enforcing the law, on the privileged.

For peons,

the pretzel magically turns into

an "open and shut" case.

This seems to inversely happen,

in proportion to how many people,

are aware of, or following the case.

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riverlover's picture

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due to blackmail.

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She never intended to step away as she needed to remain as the wall to stop prosecution against Clinton.

If Hillary becomes president, look for Lynch to be her first Supreme Court Nominee because of course she is the most qualified person in the world and we owe her

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riverlover's picture

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That enabled Lynch to say she would go with the FBI recommendation, which she likely already knew.

The end of Comey's statement:

In our system, the prosecutors make the decisions about whether charges are appropriate based on evidence the FBI has helped collect. Although we don’t normally make public our recommendations to the prosecutors, we frequently make recommendations and engage in productive conversations with prosecutors about what resolution may be appropriate, given the evidence. In this case, given the importance of the matter, I think unusual transparency is in order.

Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case. Prosecutors necessarily weigh a number of factors before bringing charges. There are obvious considerations, like the strength of the evidence, especially regarding intent. Responsible decisions also consider the context of a person’s actions, and how similar situations have been handled in the past.

In looking back at our investigations into mishandling or removal of classified information, we cannot find a case that would support bringing criminal charges on these facts. All the cases prosecuted involved some combination of: clearly intentional and willful mishandling of classified information; or vast quantities of materials exposed in such a way as to support an inference of intentional misconduct; or indications of disloyalty to the United States; or efforts to obstruct justice. We do not see those things here.

To be clear, this is not to suggest that in similar circumstances, a person who engaged in this activity would face no consequences. To the contrary, those individuals are often subject to security or administrative sanctions. But that is not what we are deciding now.

As a result, although the Department of Justice makes final decisions on matters like this, we are expressing to Justice our view that no charges are appropriate in this case.

I know there will be intense public debate in the wake of this recommendation, as there was throughout this investigation. What I can assure the American people is that this investigation was done competently, honestly, and independently. No outside influence of any kind was brought to bear.

I know there were many opinions expressed by people who were not part of the investigation—including people in government—but none of that mattered to us. Opinions are irrelevant, and they were all uninformed by insight into our investigation, because we did the investigation the right way. Only facts matter, and the FBI found them here in an entirely apolitical and professional way. I couldn’t be prouder to be part of this organization.

According to Comey, there was no intentional action, which is clearly bs, and no treason, which is clearly a bs standard. And according to Comey, the final decision is Lynch's, even though the entire world heard her say she was going to follow his recommendation. IOW, no one is making the final decision.

The whole matter could not be more full of bs than if the entire purpose of this investigation was to clear Hillary Clinton of allegations of wrongdoing. But, of course, that could not have been the reason for this charade of an investigation of which Comey could not be more proud, even if his statement was...Oh, who am I kidding?

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