"The First Casualty of Hyperpartisanship is Nuance"

Democrats and the media are over-reacting to Flynn case. There's a legitimate case they can make, but instead are jumping to the extreme argument of Barr being corrupt while completely ignoring the questionable facts about the investigation. When news media completely ignore salient facts that go against their narrative and instead double-down on a simplistic narrative like 'Barr only did what he did because he's corrupt and a loyal Trump soldier', readers should be on their guard.

The May 8, 2020 episode of Left, Right, and Center had an enlightening exchange that highlights that the pundits who are criticizing Flynn are avoiding conservatives' valid arguments.

The Flynn discussion is the first topic they discuss, but the most maddening and instructive dialogue starts at 3:25. Rich Lowry lays out point after point about why he accepts the DoJ's actions:

• There was no predicate for investigation.
• The Logan Act has never been prosecuted, the last attempt to prosecute was in the 1850s.
• It is a Constitutionally dubious law.
• Incoming National Security advisor talking to Russian ambassador does not show he might be Russian agent.
• The FBI interview was an ambush interview; Comey bragged about going around normal procedures. They deliberately kept Flynn off his guard.
• Flynn thought he was having conversation with a peer in government.
• FBI knows what was said in conversation
• There is a dispute over whether agents thought Flynn lied.
• FBI does nothing for 10 months. Then Mueller squeezes Flynn gets him to plead guilty.
• Flynn under financial pressure, possibly personal pressure.
• This is a travesty and the Justice Department deserves credit for undoing it.

The "Center" host, asks the guest if that's a fair characterization. The guest, Ken White, a former federal prosecutor says, "Not at all. None of that is true."

Ken White claims none of the details Lowry spoke are true. This is obviously incorrect. It is demonstrably false that everything Rich Lowry said is untrue. Logan Act has never resulted in a conviction. Last indictment was 1852.  "Comey bragged to MSNBC's Nicolle Wallace in 2018 that he flouted the usual protocols for interviewing a top White House official." FBI knows what was said in conversation." Andrew McCabe: "The two people who interviewed [Flynn] didn't think he was lying." Flynn's interrogation is January 24th, is fired on February 14th, and the next action against him is November 5th, so not 10 months but around 8. Does "Flynn pleads guilty" really need corroboration? Flynn under financial pressure, possibly personal pressure.

I've avoided the obvious opinions which can't be verified. But the fact that FBI was ready to close the case on Flynn before this phone call and interview speaks to whether there was a predicate. There's definitely support that the Logan Act is constitutionally dubious.

So, given all this, the strong corroboration that Lowry has for everything he says, why would the other guest, the former federal prosecutor, throw that all away and say "none of that is true." It is because something about thy Flynn case and Bill Barr and Trump turns a switch that obscures the facts that don't align with their dislike and prevents them from seeing nuance.

The debate continued, and White followed up his ludicrous statement about Lowry with the argument that the DoJ isn't being sincere, that if they were sincere, they would act to put an end to those "ambush tactics" the FBI used. "I would be thrilled if those values were reflected in the future in the way investigations are conducted. This doesn't reflect policy, it reflects politics."


The Left's official representative, Christine Emba, adds, "He had a constitutional right to remain silent. He didn't. He talked, and he lied. That lie came to light." But this argument is inapt. The FBI didn't read him his rights before hand, they, actually suggested he not have a lawyer. For a normal American, if the police or the FBI comes knocking on your door, your going to be on your guard and be very careful with what you say. If you're the incoming National Security Advisor, these are your coworkers, and you have an expectation that they're going to be helping you not interrogating you. I would like to live in Christine Emba's vision of the world. Where the FBI tries to talk to other government officials, at the White House, in Congress, and no one will talk to them because if they misspeak at anytime, the FBI can send them to prison. I suppose Christine Emba is doing the Left proud and pushing us towards a police state.

But then White reveals his actual position. He agrees with Lowry that Flynn shouldn't have been prosecuted! "I'm not fervent about prosecuting him. I think it's a bogus prosecution. I think this type of 1001 is a bogus prosecution." Of course, this wasn't his thesis. He started by talking about how the DoJ was in the wrong. How does he reconcile those positions? "I think that the hypocritical bogus justifications being given are transparent and a corruption of the justice department. We both know that these arguments are not going to be brought to bear again for anyone's benefit. They're only being brought to bear for Flynn."

This is an absolutely legitimate position to hold, and in fact, he made me question the DoJ's motivations for its actions. But this wasn't where he started. He started by implying he disagreed with Barr, but in reality he agrees with the action they took but is unhappy that they only selectively applied that standard to a Trump supporter.

Alan Dershowitz said "The first casualty of hyperpartisanship is nuance." This is unfortunately true and hyperpartisanship is winning.