Trump’s rudeness is a STATE SECRET

Let’s go back to February 16 to revisit Trump’s fury over “leaks” about his tantrums and train-wrecks.

President Trump said Thursday that he had personally directed the Justice Department to open a criminal investigation and determine who was responsible for what he said were illegal leaks that have unfairly damaged his fledgling administration.

“I’ve actually called the Justice Department to look into the leaks,” Mr. Trump said during a contentious, 75-minute news conference at the White House. “Those are criminal leaks.”

No law forbids a president from making [to make] a criminal referral to the Justice Department, but it is unusual for a president to direct the agency to open a criminal investigation into his perceived opponents or to talk publicly about having done so. The White House, under presidents of both parties, has generally restricted direct contact with the Justice Department about prospective investigations to avoid the appearance of politicizing law enforcement.

But of course “unusual” and “generally” cut no ice with Trump, because he’s here to drain the swamp, which means he can do anything he wants to.

Mr. Trump appeared particularly incensed at public reports about his rancorous phone conversations with foreign leaders, including telling the president of Mexico the he might send American troops to stop “bad hombres down there,” and berating the prime minister of Australia over an Obama-era deal to resettle refugees and then cutting the call short.

But that’s just too bad, because we need to know how rash and inappropriate and incompetent he is.

He also expressed frustration over leaks about federal surveillance that picked up pre-inaugural phone calls between the Russian ambassador and Michael T. Flynn, who resigned under pressure this week from his role as national security adviser.

We get it: he wants his lies and corruption kept secret. Of course he does. But that’s in his interest, not ours.

Susan Hennessy, a scholar at the Brookings Institution in Washington and former intelligence agency lawyer who has written about leaks, said that Mr. Trump’s directive could send a chilling message.

“The fear is that these leak investigations will be used as a form of political retaliation” against people who may have exposed information that is personally embarrassing to Mr. Trump, she said. “We don’t want this to become a political witch hunt.”

If they can get away with using leak investigations as a form of political retaliation, they will use them that way.

During the news conference, Mr. Trump did not directly answer questions about the substance of other recent reports on private dealings his aides may have had with Russia. Instead, he reframed the question as a problem of leaks. He declared that the “leaks are real,” but denounced articles based on the leaked information as “fake news.”

This is all about the reframing.

For most of American history, the government did not prosecute those suspected of leaking. From the founding of the country through the end of the 20th century, just one person was convicted of leaking, and he was later pardoned.

But starting during the George W. Bush administration and intensifying in the Barack Obama administration, the government has brought leak-related charges far more frequently. Depending on how they are counted, Mr. Obama oversaw nine or 10 leak-related cases, more than all previous presidents combined.

Still, Matt Miller, a former director of public affairs for the Justice Department in Mr. Obama’s first term, said none of those cases involved going after someone who had leaked information about embarrassing or inappropriate activity by a president or his immediate staff.

But that’s what they’re planning to do now, if they can get away with it.

Back to the present.

The Trump administration has been bedeviled by leaks large and small that have disclosed infighting inside his administration, including the president’s rancorous phone conversations with foreign leaders. Information shared with reporters brought to light what surveillance showed about contacts by Mr. Trump’s associates with Russia and even what Mr. Trump said to Russian visitors in the Oval Office about his firing of Mr. Comey, the former F.B.I. director.

In May, Mr. Trump himself disclosed sensitive intelligence to visiting Russian officials about an Islamic State plot, blurting out details that had been shared by Israel — a disclosure that some intelligence officials worried might have effectively exposed an important Israeli government source. The president does have the authority to declassify and disclose information at his own discretion.

Not all leaks are illegal, but the Espionage Act and a handful of other federal statutes criminalize the unauthorized disclosure of certain categories of national-security related information that could harm the country or aid a foreign adversary.

He tweeted sensitive intelligence just the other day, too.

In February, Mr. Trump said at a news conference that he told Mr. Sessions to look into leaks — an unusual thing to say, since presidents generally try to avoid appearing as if they are asserting political control over law enforcement.

Mr. Comey also wrote in a memo, recounting one of his conversations with Mr. Trump, that the president had told him to consider putting reporters in prison for publishing classified information.

It would be unusual to prosecute a journalist for publishing government secrets, a step that would raise significant First Amendment issues. Mr. Sessions took no questions, but Mr. Rosenstein afterward demurred when asked whether he would prosecute reporters for doing their jobs, saying he would not “comment on hypotheticals.”

That’s nice. Threaten journalists, and then refuse to answer reasonable questions.

Somehow I don’t feel any more secure.

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