Again with the ‘Clinton did it’ defense?

Believe me, I had no intention of writing about this for the third consecutive day, but the right’s use of Clinton to downplay the prosecutor purge scandal has adapted. Some are still foolishly complaining about Clinton having hired new U.S. Attorneys upon taking office, but the more sophisticated far-right Bush supporters have decided to narrow their focus onto one federal prosecutor in particular.

For example, during an online chat yesterday, a reader confronted the WaPo’s Dan Froomkin with this charge: “Please be honest to your readers. Clinton fired the Whitewater investigator and replaced the person with one of his law students, who dropped the case.” (Froomkin responded, “I have no idea what you are talking about.”)

Similarly, in our comments section yesterday, a reader argued, “You’d have to be an idiot to buy this explanation that what Clinton did is somehow different. Clinton replaced a prosecutor involved in his OWN whitewater case with a friend of his.”

Where’s all of this coming from? The editorial page of the Wall Street Journal.

Also at the time, allegations concerning some of the Clintons’ Whitewater dealings were coming to a head. By dismissing all 93 U.S. Attorneys at once, the Clintons conveniently cleared the decks to appoint “Friend of Bill” Paula Casey as the U.S. Attorney for Little Rock. Ms. Casey never did bring any big Whitewater indictments, and she rejected information from another FOB, David Hale, on the business practices of the Arkansas elite including Mr. Clinton. When it comes to “politicizing” Justice, in short, the Bush White House is full of amateurs compared to the Clintons.

Well, at least we know the source of the foolishness. Unfortunately for the right, once again, they’re wrong.

Media Matters sets the record straight.

[T]he Journal left out a key fact about the U.S. attorney whom Casey replaced: Charles A. Banks had himself resisted investigating the Whitewater matter, reportedly in defiance of pressure from George H.W. Bush administration officials in search of a pre-election issue with which to tar challenger Clinton. Moreover, as Media Matters for America has noted, the extensive independent counsel investigation into Whitewater — launched several years after Clinton took office — ultimately led the independent counsel to close the probe without charging the Clintons with any wrongdoing.

Mollie Dickenson explained in an article for Salon five years ago that Banks refused to pursue the Whitewater matter, citing his belief that “no prosecutable case existed against any of the witnesses,” including the Clintons.

On Oct. 8 [1992], [Attorney General William] Barr convened a joint FBI-Justice Department panel to examine the referral [naming the Clintons as witnesses in the Whitewater case]. But the panel concluded that the referral “failed to cite evidence of any federal criminal offense.” The panel’s comment about the referral ranged from “junky” and “half-baked” to that its allegations were “reckless, irresponsible” and “odd.”

Nevertheless, Barr put a preliminary investigation into motion and ordered Banks to review it again and to report back by Oct. 16, two weeks before the Nov. 3 election.

But, in fact, Banks had already concluded, and the FBI in Little Rock had agreed, that “no action should be taken on the referral at that time.” Banks had already prosecuted Jim McDougal in 1990 for alleged bank crimes, and McDougal had been acquitted. Banks said further that he believed “no prosecutable case existed against any of the witnesses,” most notably the Clintons.

The WSJ’s editorial board (and the activists who parrot the editorial the Journal published) actually have it backwards — this isn’t an example of Clinton politicizing a U.S. Attorney’s office, this is actually an example of H.W. Bush pressuring a prosecutor to file politically-motivated charges.

As Conason noted in his upcoming March 19 New York Observer column, Banks was a Republican appointee who had been “recently selected” by Bush “as a potential nominee for the federal bench.” According to Conason, after Banks determined in early October 1992 that the Clinton referral “lacked merit” and dismissed the original request for an investigation, “officials in the Bush White House and the Justice Department heard whispers about” it, and Attorney General William Barr then “ordered” Banks “to act” on the referral and launch an investigation into the Clintons’ connections to Whitewater in late October 1992, “no later than two weeks before Election Day.”

I realize it’s reflexive to respond to every possible Bush-related controversy with either “Clinton” and/or “9/11,” but can conservatives please come up with something half-way legitimate?

can conservatives please come up with something half-way legitimate?

It’s not a question of whether or not what they are saying is legitimate of even plausible. It’s simply something for them to be able to say, which will then be treated as a respectable response by lazy journalists eager to present “both sides.” The wurlitzer will then flood the zone with repetition of the same BS, hoping to fool anyone who isn’t paying close attention.

  • Why no. No they can’t come up with anything halfway legitimate. This is all an attempt to play into the Meme that Ate D.C. back in 1999 which was that it didn’t matter who was became president. As we now know it does matter and they are not all the same.

  • When Clinton was impeached, you’d think that telling a lie was the worst possible offense against mankind. But conservatives, Republicans and Bush supporters just cannot tell the truth about anything anymore. This isn’t even subtle word parsing or telling half truths, this is passing off whoppers incessantly. They are like soldiers that have run out of bullets and are left to thowing rocks, sticks and feces at the opposition in a desperate attempt to hold their position. The lying has become a psychosis.

  • Great example of the birth of a meme. I think most of, if not all, us here ’round the cybersphere tend to forget that most folks just aren’t paying as close of attention. True or false, sound bytes stick.

  • Another dubious claim in the WSJ ed is that Clinton fired all of the USAs, while Carter & Reagan had let some stay on to finish pending investigations. Leaving aside the obvious fact that GWB fired Lam to stymie a pending investigation, does anyone have info about whether the claims about Carter & Reagan were true or not? And did GWB fire all of them in 2001, or leave a few in place?

  • Moreover, as Media Matters for America has noted, the extensive independent counsel investigation into Whitewater — launched several years after Clinton took office — ultimately led the independent counsel to close the probe without charging the Clintons with any wrongdoing.

    Just because the Clintons weren’t ultimately charged doesn’t mean they had no motive here. They may well have believed at the time that they would be charged, and even if they felt the charge would be unjust, they would still have motive to take action to avoid it.

  • It’s amazing how easy it is to get total bullshit into the national discourse. All you need is enough money to get control of a major publication like the WSJ, and the chutzpah to lie your ass off. The wingnuts will do the rest, as they truly do not care if something is true. In their demented little worlds, everyone in politics lies about everything, so they’re just “keeping up”.

  • T Ware is correct; like it or not this defense has legs with the court of public opinion, imho. Getting one head(say Gonzales’) would be a victory, especially if it comes soon. A drawn out investigation will end up sounding like much ado about nothing. Given the political nature of these offices, not sure if that is good or bad, there isnt much to be gained here. This is just another brick in Bush’s great wall of infamy.

  • The other nonsense the right is pushing, including Bush himself, is that Federal Attorneys serve “at the pleasure of the president” and that the president has the right to fire any of them at any time. This is, of course, technically true. It, however, ignores the fact that the law recognizes motive and circumstance in deciding if an otherwise legal action is in fact criminal.

    An example: No one would argue that a person does not have the legal right to open a window in their own house. However, if that person opened the bedroom window of some bedridden invalid relative on a midwinter night of subzero temperatures, that otherwise legal action might well be considered an attempted homicide or possibly even intentional murder. Circumstance and motive is all.

  • Consciously or not, the understands that there are many more versions of lies one can make up about a situation than there are versions of the truth. Debunk one lie, and they’ll just make up another. The issue isn’t the last lie they told, but that they’re just liars.

  • So, Nick, you’re suggesting that, though Clinton knew that

    1) they had done nothing wrong, and
    2) the Republican GHW Bush-appointee US Attorney had already declined to prosecute because the case ‘lacked merit’, and
    3) he had just won the job of President of the United States,

    he ‘may well have believed’ he was going to be charged, and that, therefore, he needed to replace ALL the US Attorneys, including the one who’d declined to prosecute him, just to avoid that?

    That’s quite a theory. Thanks for sharing.

  • I’m glad to have it pointed out that Clinton didn’t “do it too”, but it should also be pointed out that even if he had, that would be irrelevant regarding the question of properness or improperness of the action. In other words, just because someone has previously gotten away with murder doesn’t make murder okay.

    I would like to hear our reps respond to such questions/ accusations by saying:

    “Clinton in fact did not ‘do it too’, but even if he had, that would be irrelevant. Wrong actions are wrong actions, regardless of who has gotten away with them in the past.”

  • The WSJ is like a bank in front with a political porn factory in the back rooms. Do they really think they can be respected with the bilge their editorial page puts out?

  • can conservatives please come up with something half-way legitimate?

    No.

    This has been another edition of Simple Answers to Simple Questions (h/t Atrios).

  • Why come up with something legit? These authoritarians are incapable of creative thought . By poisoning the well of truth(the media) they have brought doubt upon us all.
    All they do is believe, and their faith carries them through. Screw the rest of us.

  • I’m confused. Did Clinton dismiss all 93 US Attorneys upon taking office?

    Also, is it all that surprising that Clinton would appoint someone with whom he was familiar for the Arkansas US Attorney job. He is, after all, from Arkansas, and presumably so is/was Casey.

  • CB – can you change the adjective in “the more sophisticated far-right Bush supporters”

    My browser is crashing upon reading that sentence. 🙂

  • Kurzleg (re # 17)
    This is not about the standard changeover when a new president takes office, it is
    COMPLETELY DIFFERENT.
    Got that?
    This is about the Justice Department harassing Democrats (or if you don’t you get fired) or not following up on Republican crimes (or if you do, you get fired).
    Try to keep up, OK?

  • Evolution of Sophistication
    among far-right Bush supporters

    1. The step in the right left direction:
    It’s all Clinton’s fault >> Clinton did it so it’s ok

    2. The deduction:
    Clinton lied > So we can lie

    3. The embellishment:
    Anything Clinton can do > We can do better

    4. The fulfilment:
    We only lie > End of truth.

  • This is not just a flip-flop by the wingnuts and their Republican masters. This is a flip-flop-flap-flup. Refute them again and see if you can add a -flep.

    Every time the conservative argument of the moment is used, all the previous versions should be listed.

  • Forgot one thing: The Patriot Act updates allowing bypassing of Senate approval for temporary direct appointment by the President and memos indicating why the Administration wanted this new power. This thing is going to blow wide open in the next week or so. No amount of lies about Clinton doing the same thing is going to save them now. The public is not that stupid, no matter how many little podunk newspapers around the country try to edit out the controversy from AP stories on the subject. I didn’t know Charles Gibson was such Disney muppet, though. So at least this situation has helped inform us on that matter.

  • Arlen Specter is the one responsible for giving into pressure from the Administration to put that provision into the March 2006 revisions of the Patriot Act that gave the President the sole power to appoint interim U.S. Attorney’s, and to make them “indefinite” in term, without the need for Senate approval unless they wanted to get rid of the title “interim”. He was told this was necessary to help bring terrorism cases to trial, but clearly it was to begin damage control prior to the ’08 elections by replacing those federal prosecutors who were either not willing to unethically trump up charges against certain Democrats or had brought successful cases against Republicans. It was one last attempt at damage control. There’s a reason Rove didn’t want to replace all U.S. prosecutors at once, because it’d have to go through Congress. Specter was duped, and his chances for reelection next time are now evaporating. Expect him to be as tough as necessary to repair this situation.

    The question now is, how far up does this go. This is an egregious misuse of power for purely political purposes. Totally unprecedented. Pelosi does not want impeachment proceedings before the ’08 elections, but this is about as serious a “misdemeanor” (i.e. unethical misaction) as you can get before committing an actual crime. If these guys abuse their power any worse, Congress will be blamed for not removing them from office. Was any of the abusive NSA eavesdropping or illegal FBI privacy invasions motivated to acquire political ammunition on Bush opponents? I have a hard time believing these other forms of abuse of power have been occurring without operatives like Rove & Cheney also mucking around with it for Republican political gains. The Administration has been involved in a systemic abuse of power for the sole purpose of retaining political control. And they’re getting desperate, because at this point the consensus is they are terrible at their jobs. If these were corporate CEOs, they’d be not only out of their positions, but under investigation for corruption. Have they committed crimes? I don’t know, but this all smells of “guilty demeanor”.

  • From my Republican friends, I continually hear the “Clinton did it refrain.” I’ve asked them, is he the only democratic President we have ever had? It sometimes seems as if he is the only President we have ever had.

    The firings of the USAs is, in my opinion, is the lessor issue. It’s the misuse of the Patriot Act provision that seems to be the more significant event. Given that Karl Rove uses the legal system to help win elections, one would probably be in the ballpark with a guess that he had a hand in this provision.

    Does anyone care that the use of the judicial system to win elections is a perversion of the judicial system? Admittedly idealistic, there are two ways to win elections: 1) do the right things to get the most votes or 2) diminish the count of your opponent by any means and then get the most votes. The latter appears to be the Rovian way to elections. Someone needs to explain this to the public.

  • The bill to throwout that March 2006 Patriot Act provision passed today with only 2 descenting votes in the Senate. Still, stations and papers are taking the bate that the big issue is “who floated the idea to fire all federal prosecuters”. Total complete red-herring. Myers? Who cares! That would have been completely ethical and required Senate approval for every candidate. I have yet to read a single story in the local paper address the Patriot Act aspect of this story in the town I’m in. I also have yet to hear Fox News or ABC address the situation properly. NBC News abruptly cut out tonight when Tim Russert came on to continue the story and provide updates…the only station on Dish Network to do that for over 20 minutes. The guilty know the stakes and are pulling every string possible to prevent their own demise.

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