(This is intended as a study-aid to anyone trying to make sense out of the unfolding scandal. I proceed from the premise that the study of history is fundamentally the study of causal relationships over time. What leads to what? Scrolling up and down this timeline, expanding it, clarifying, repeating until it’s memorized, maybe we can get some small insights into the reasons for the imminent constitutional crisis.)
Note 1: The Attorney-General of the United States is the chief legal advisor of the U.S. government. Since 1789 this officer’s duties have been defined as “to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments.” Especially since the formation of the Justice Department in 1870 the functions of this official resemble those of Ministers of Justice elsewhere in the world. The Justice Department ranks with State, Defense and Treasury as among the four top power-centers in the regime.
Note 2: Past Attorney-Generals have included John Mitchell of Watergate fame (who served 19 months in federal prison for covering up for Nixon); and Elliott Richardson, who resigned rather than heed Nixon’s demand that he fire special Watergate Prosecutor Archibald Cox. They have included Robert Kennedy, Ramsey Clark, Robert Bork, Edwin Meese, Janet Reno, Eric Holder, John Ashcroft—a mixed bag of liberal opportunists, slowly evolving progressives, total reactionaries, weird religious fanatics.
That someone like Matt Whitaker, who three years ago was threatening a victim ripped off by his bogus firm with “criminal consequences”—positively boasting of his own status as “a former United States Attorney for the Southern District of Iowa,” adding: “and I also serve on World Patent Marketing’s Advisory Board” should not shock those of us familiar with history. (But I fear we are a small minority.)
It should surely not shock anyone who remains unshocked by Trump’s pussy-grabbing talk, his support for Roy Moore, the Kavenaugh confirmation, his apparent satisfaction with Prince MbS’s explanation for the Khashoggi murder, etc., that he would appoint (as “a great guy”) this person he says he doesn’t really know except by reputation as Minister of Justice of this benighted country.
Note 3: Understanding the power and significance of the position, and the fact that it is sometimes held by a total thug who manipulates and avoids the law at will as their power allows, we should encourage anyone entangled in the legal system in the U.S. to soberly consider the possibility that the whole damned thing is presently under constitutionally illegitimate leadership. May doubt and disillusionment reign. They make sense.
Timeline
2015
June 16, 2015: Donald Trump announces his candidacy for president.
August: Matthew Whitaker, on behalf of World Patent Marketing, in an email threatens a bilked customer asking for refund: “I am a former United States Attorney for the Southern District of Iowa and I also serve on World Patent Marketing’s Advisory Board. Your emails and message from today seem to be an apparent attempt at possible blackmail or extortion. You also mentioned filing a complaint with the Better Business Bureau and to smear World Patent Marketing’s reputation online. I am assuming you understand that there could be serious civil and criminal consequences for you if that is in fact what you and your ‘group’ are doing.”
(In May 2018 a federal judge dissolves World Patent Marketing and fines it $ 26 million for fraud.)
2016
February 18, 2016: Sen. Jeff Sessions (R-AL) surprises the political world by becoming the first senator to endorse Trump for president.
March: Sessions attends campaign meeting with Trump in which aide George Papadopoulos mentions a Russian connection that could produce campaign dirt on Hillary Clinton. His reaction unclear.
July: Campaign staffer Carter Page tells Sessions about his Russian business and other ties later revealed by the Mueller investigation and press reports.
October 7: CIA director James Clapper accuses Russia of election interference.
November 8: Trump unexpectedly elected president.
November 18: newly-elected president Trump announces pick of Sessions as his attorney-general.
2017
January 6, 2017: U.S. intelligence community releases report, “Assessing Russian Activities and Intentions in Recent U.S. Elections,” asserts with high confidence that Russia attempted to interfere in U.S. elections.
January 10: Sessions under questioning in Congress is asked if Trump campaign had any Russian contacts; says he was unaware of any.
February 8: Congress confirms Sessions as Attorney-General, voting 52-47.
March 1: Washington Post reports Sessions had met with Russian ambassador Sergey Kislyk at least twice during campaign, one privately in his Senate office.
March 2, 2017: Sessions recuses himself from Russia probe, admits to having had contacts (brief conversations) with Kislyak during campaign. Trump immediately castigates him for this recusal.
April: On tweet Trump denies plan to dismiss Sessions and replace with EPA Chief Scott Pruitt.
May 9: Trump fires FBI director James Comey, stating this is at Sessions’ recommendation. (Deputy director Rod Rosenstein may have written up the argument.) Rosenstein appoints Paul Mueller to direct investigation of Russia election interference.
May: Washington Post reports that Rosenstein threatened to resign if held responsible for Comey’s firing.
May 17: Rosenstein appoints Paul Mueller special counsel to investigate “any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump, and any matters that arose or may arise directly from the investigation.”
May 18 (4:20 AM EST): Trump tweets, ”This is the greatest witch hunt of any president in American history!”
June 21: As executive director of the (soon discredited) Foundation for Accountability and Civic Trust, Matthew Whittaker (former U.S. Attorney for the Southern District of Iowa, 2004-9)) appears on the Wilkow Majority show and declares, “The truth is there was no collusion with the Russians and the Trump campaign. There was interference by the Russians into the election, but that was not collusion with the campaign. That’s where the left seems to be combining those two issues. The last thing they want right now is for the truth to come out, and for the fact that there’s not a single piece of evidence that demonstrates that the Trump campaign had any illegal or any improper relationships with the Russians. It’s that simple.”
August 6, 2017: Whitaker writes an opinion column for CNN entitled “Mueller’s Investigation of Trump is Going Too Far.” On same day highlights on Twitter a Philly.com opinion article “Note to Trump’s Lawyer: Do Not Cooperate With Mueller Lynch Mob.” Says it’s “worth a read.” Catches Trump’s attention.
September 22: Sessions appoints Whitaker as his chief-of-staff.
2018
February 21: Trump tweets that people should ask Jeff Sessions why Clinton’s crimes are not being investigated. Calls Justice Department “disgraceful.”
February 28: Washington Post says Mueller investigating Trump-Sessions relationship in relation to possible obstruction of justice.
April: Rosenberg personally orders raid on the home and office of Trump personal lawyer Michael Cohen, in a spin-off investigation from the Mueller probe. Trump infuriated.
May: Trump blames Mueller investigation on Sessions’ recusal, accuses him of disloyalty (according to NYT.)
June 5: Trump tweets, “The Russian Witch Hunt Hoax continues, all because Jeff Sessions didn’t tell me he was going to recuse himself…I would have quickly picked someone else. So much time and money wasted, so many lives ruined…and Sessions knew better than most that there was No Collusion!”
July 19: Trump tells NYT that Sessions should have told him when he nominated him for AG that he would recuse himself on the Russia thing. The same month he tells the Wall Street Journal that he feels no special appreciation for Session due to his astonishingly early and risky endorsement in July 2015. In his articulate way, Trump says: “It’s not like a great loyal thing about the endorsement. I’m very disappointed in Jeff Sessions.”
July 25: Trump tweets: “Attorney General Jeff Sessions has taken a VERY weak position on Hillary Clinton crimes (where are E-mails & DNC server) & Intel leakers!”
August 23: Trump demands, by tweet, that Sessions “look into all of the corruption on the ‘other side’ including deleted Emails, Comey lies & leaks, Mueller conflicts, McCabe, Strzok, Page, Ohr.”
August 25 tweet: “Jeff Sessions said he wouldn’t allow politics to influence him only because he doesn’t understand what is happening underneath his command position,. Highly conflicted Bob Mueller and his gang of 17 Angry Dems are having a field day as real corruption goes untouched. No Collusion.”
September 3: Blames Sessions for indicting Republican candidates. “Two long running, Obama era, investigations of two very popular Republican Congressmen [California Rep. Duncan Hunter and New York Rep. Chris Collin] were brought to a well publicized charge, just ahead of the Mid-Terms, by the Jeff Sessions Justice Department. Two easy wins now in doubt because there is not enough time. Good job Jeff……”
September 21: NYT reports that in Spring 2017 soon after Comey dismissal Rosenstein discussed with John Kelly the prospect of recording the president’s conversations and using them to employ Article 25 of the constitution.
September 24: At White House Rosenstein offers resignation to Kelly; not accepted.
October 11 (on Fox): Trump: “I can tell you Matt Whitaker’s a great guy. I mean, I know Matt Whitaker.”
November 6: Democrats sweep the House of Representatives in mid-term elections.
November 7, 2018: Sessions submits undated resignation at Trump’s request after 6 months of criticism. Replaced by his chief-of-staff Matthew Whitaker.
November 9: Trump tarmac interview: “I don’t know Matt Whitaker.”
***
Pundits suggest that the various statements Whitaker made in August 2017 were a campaign to get hired as a Justice Department lawyer, and that Trump directed Sessions to hire him (thinking he could take over when needed, to defend him against congressional inquiries). Think, people, is that really plausible?
And is it really true—what some people are saying—that the attorney-general even an acting one needs Congressional approval, and that this power transfer without that approval is invalid? Again, may doubt and disillusionment reign, because they make sense in these troubled times.
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Gary Leupp is a Professor of History at Tufts University, and author of numerous works on Japanese history. He can be reached at: [email protected]. Read other articles by Gary.
