Benjamin Wittes Profile picture
Sep 22, 2018 11 tweets 2 min read Twitter logo Read on Twitter
I don’t know the truth of #sarcasmgate and I really don’t want to see Rod Rosenstein get fired. But both @nytmike and @adamgoldmanNYT are excellent reporters. They are under a lot of fire today. Reminder that their job is not to tell you what you want to hear. That’s all I got.
Another thing: I don’t know how the Times got access to this material but I don’t believe it was White House leaks. I am unaware of the White House having access to the McCabe material.
Still another thing: this was a crazy time. Really crazy. I can’t fathom why McCabe would have memorialized a sarcastic joke—unless he misunderstood it as serious. That’s certainly possible.
It’s also possible that the source in the room remembers the comment now in a fashion convenient to Rod Rosenstein’s current needs. I’m sympathetic. Really am. But there’s no need to attack reporters for doing their jobs.
The key thing to understand here is that this is a fight between McCabe and Rosenstein.
McCabe is facing an investigation and possible prosecution for false statements on unrelated matters. Rosenstein is also partly responsible for his firing. Many people at DOJ and the FBI don’t like Rosenstein—for a lot of reasons.
So here’s what I think happened: someone decided that he or she could help McCabe create a record of heroic post-Comey-firing opposition to Trump that would make any effort to prosecute him look like political retaliation.
Along the way, the facts revealed might make Rod look bad.
DOJ then pushed back, offering a source who does not deny the facts but has a different interpretation, one that doesn’t look so bad for Rod.
I don’t know which interpretation is right. And neither do you. Both accounts undoubtedly serve the interests of what are effectively rival camps here. As more facts emerge, we may develop a better sense of which group is closer to the truth.
But the Times reporters here are not villains. They are dealing with real material and they are doing their best to report it accurately.
So chill, folks. Just chill.

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More from @benjaminwittes

Aug 25, 2020
Because somewhere, there is a 15-year-old girl being terrorized online, there's a gay kid getting get hate emails from someone at school, an African American college student who is putting up with degrading stuff a colleague would never say in public but sends in private.
Read 6 tweets
Sep 23, 2018
Good thread.

Due process is clearly the wrong concept here. If it were, presumably Merrick Garland was entitled to due process too—having a hearing in the first place. There is no evidence that the Senate believes a nominee is entitled to anything as a matter of right.
If the Senate wants to establish norms and expectations about what it will and won’t do in nominations, I’m all for that. I wrote a whole book arguing for it, in fact. But you can’t refuse to hold a hearing for one highly qualified nominee and then...
...insist for another that the standards within a hearing that you reserve the right not to hold at all comport with the norms of a judicial proceeding.
Read 6 tweets
Sep 14, 2018
Boom!
lawfareblog.com/document-super…
Prior Lawfare Manafort coverage available here: lawfareblog.com/tagged/paul-ma…
I am going to refrain from commenting on this until I see whatever plea agreement, stipulation of fact, and other material gets released today. Anyone who is commenting before that is probably getting ahead of the game.
Read 4 tweets
Sep 8, 2018
These three threads from @DavidLat are very strong and worth your time. I would like to add a couple of points that apply to all three lines of questioning: Do you really think Brett Kavanaugh is so dumb—so mind-numbingly, idiotically stupid—as to lie under oath in this setting?
Even if you hate the guy, take a deep breath and consider: Kavanaugh is a very good lawyer. Very good. He was being asked about matters he knew were going to come up. He was being asked about prior testimony that took place more than a decade ago. He had time to prepare.
Any statute of limitations for that prior testimony is long passed. In other words, he could face no possible exposure for his prior statements—except if he doubled down on them in new testimony.
Read 14 tweets
Sep 3, 2018
I was surprised this morning to receive on Twitter from @EVKontorovich and on email from @jacklgoldsmith responses to my Twitter thread of yesterday that reflect a real misinterpreting of what I was trying to say. Here's the original thread:
I don't back off what I said yesterday but my regard for both Jack and Eugene is such that I assume that if they could misread me so completely, others no doubt did as well. So please indulge me a few words of clarification.
First, the tweet thread was not ever meant to be about millions of my fellow citizens or about the general Trump-supporting voter. I wrote it specifically in response to @Kasparov63's tweet of an article about Lindsey Graham. It was about leadership cadres figures.
Read 12 tweets
Sep 3, 2018
This is a serious question and deserves a serious answer. I do not ask anyone on the left to embrace anything or anyone they disagree with—though I happen to think @davidfrum is a wonderful person. I do ask those on the left to consider a few things, though.
First, understand that the time and energy you spend denouncing those who would work with you on the central challenge of our time is counterproductive.
Second, understand that those on the right who have taken this position have given up a great deal in order to do so: jobs, social circles, opportunities, friends, financial prospects.
Read 5 tweets

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