Readers will know that I always find Brett Tolman's analysis of legal developments worthwhile. Yesterday Tolman offered a brief but pithy analysis of the now famous Susan Rice email to self which was finally fully declassified.
Like me, Tolman regards the email as basically a CYA exercise--designed to cover Obama and herself. In the process, however, it's apparent that all the targeting of Flynn was a structure built on sand--there never was any "there" there, there never was any valid predication to investigate Flynn at all. Ever.
Now, read Tolman with this sound bite from Devin Nunes in mind, taken from a Fox interview with Liz MacDonald. Speaking of the Rice email Nunes says:
If you can believe anything they say, which is a whole 'nuther story.
Which is to say, you have to take everything that Rice writes with a grain of salt. Here's what I mean.
If this email is a CYA exercise, which it is, then it's necessary to claim that the Flynn investigation had some valid basis. Yet, on the other hand, they had nothing to point to--no actual investigative results to point to. Moreover, as we reviewed once again in
James Comey Unmasked, they were even unable to articulate any fact based predicate for the Flynn investigation to begin with. That's totally damning. Comey's admission that they've found NOTHING "thus far" is incredibly weak when combined with the lack of predication.
But the fact that Obama is even having this discussion with Comey--in front of a "shellshocked" Sally Yates--is telling. Reading between the lines of the email, it appears that Obama is looking for reassurance that Comey will keep Obama's knowledge of and involvement in the Flynn investigation mum--even while encouraging Comey to continue the operation against Flynn. However, Rice frames this as if Obama knew no specifics and wanted no factual update. Instead, Obama is portrayed as offering only the most general sort of guidance--Do it "by the books," guys!