Spinning a Crossfire Hurricane: The Times on the FBI’s Trump investigation

The quick take on the 4,100-word opus is that the Gray Lady “buried the lede.” Fair enough: You have to dig pretty deep to find that the FBI ran “at least one government informant” against the Trump campaign — and to note that the Times learned this because “current and former officials” leaked to reporters the same classified information about which, just days ago, the Justice Department shrieked “Extortion! when Congress asked about it.

But that’s not even the most important of the buried ledes. What the Times story makes explicit, with studious understatement, is that the Obama administration used its counterintelligence powers to investigate the opposition party’s presidential campaign.

That is, there was no criminal predicate to justify an investigation of any Trump-campaign official. So, the FBI did not open a criminal investigation. Instead, the bureau opened a counterintelligence investigation and hoped that evidence of crimes committed by Trump officials would emerge. But it is an abuse of power to use counterintelligence powers, including spying and electronic surveillance, to conduct what is actually a criminal investigation.

The Times barely mentions the word counterintelligence in its saga. That’s not an accident. The paper is crafting the media-Democrat narrative. Here is how things are to be spun: The FBI was very public about the Clinton-emails investigation, even making disclosures about it on the eve of the election. Yet it kept the Trump-Russia investigation tightly under wraps, despite intelligence showing that the Kremlin was sabotaging the election for Trump’s benefit. This effectively destroyed Clinton’s candidacy and handed the presidency to Trump.

It’s a gas, gas, gas!

It’s also bunk. Just because the two FBI cases are both referred to as “investigations” does not make them the same kind of thing.

The Clinton case was a criminal investigation that was predicated on a mountain of incriminating evidence. Mrs. Clinton does have one legitimate beef against the FBI: Then-director James Comey went public with some (but by no means all) of the proof against her. It is not proper for law-enforcement officials to publicize evidence from a criminal investigation unless formal charges are brought.

In the scheme of things, though, this was a minor infraction. The scandal here is that Mrs. Clinton was not charged. She likes to blame Comey for her defeat; but she had a chance to win only because the Obama Justice Department and the FBI tanked the case against her — in exactly the manner President Obama encouraged them to do in public commentary.

By contast, the Trump case is a counterintelligence investigation. Unlike criminal cases, counterintelligence matters are classified. If agents had made public disclosures about them, they would have been committing crimes and violating solemn agreements with foreign intelligence services — agreements without which those services would not share information that U.S. national-security officials need in order to protect our country.