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Ilana Mercer

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Why Libertarians Should Shrug-Off Memo Mania

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First came the Republican memo, courtesy of the Republican House Intelligence Committee chairman Devin Nunes. Their memo detailed the surveillance abuses against one Carter Page, enabled by a kangaroo court which was strengthened immeasurably by the old Republican-Party boss, George Bush.

Bush II had fortified the Foreign Intelligence Surveillance Court (FISC), and the Stupid Party greased the skids for the expansion of FISA infractions. Following Barack Obama's lead, Republicans have reauthorized the controversial Section 702 of the Foreign Intelligence Surveillance Act (FISA), which has resulted in the "incidental" collection of the communications of American citizens, and likely served as an impetus for prosecutions.

Enter Rep. Adam Schiff, Democrat from California. He and the other Democrats on the House intelligence committee have now presented their distillation of the counter case, namely that the "FISA warrant and repeated renewals to conduct temporary surveillance of Carter Page" were all justified. Well of course.

Media eminences—Republican Mark Steyn, for instance—have accused the Democrats of assaulting the rule of law. The libertarian, however, might wish to avoid wading into an intra-party fracas. Why intra-party? Because the Democrats and the Republicans of DC share most of their political DNA.
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The Non-Crime of 'Lying to the FBI'

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In a fit of pique in 2016, then-President Barack Obama expelled Russian diplomats from the United States. K. T. McFarland, Michael Flynn's deputy in the Trump transition team, worried that Obama's expulsion of the diplomats was aimed at "boxing Trump in diplomatically," making it impossible for the president to "improve relations with Russia," a promise he ran on. (For her perspicacity, McFarland has since been forced to lawyer-up in fear for her freedom.)

To defuse President Obama's spiteful maneuver, Flynn spoke to Ambassador Kislyak, the upshot of which was that Russia "retaliated" by inviting US diplomats and their families to the Kremlin for a New Year's bash.

Was a crime committed by Flynn in this exchange and subsequent meeting? Not according to the FBI. Laying the cornerstone for the president-elect's promised foreign policy —diplomacy with Russia — is not illegal.

Perversely, however, lying to the US Federal Government’s version of the KGB (the FBI) — which apparently does its own share of lying —  is illegal.

An easy way for the government to create criminality where there is none is to make it a crime to lie to its agents, in this case the FBI, which is Deep State Central. The object of creating bogus categories of crime, naturally, is to leverage power over adversaries; to scare them.
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