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Donald Trump: openness, secrets and lies

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Ben Worthy and Marlen Heide 

Most politicians promise to be more open than their predecessors. But once in office, their outlook changes. They find themselves caught between the pressure to be open and the siren-call of secrecy. The conventional wisdom is that politicians rapidly fall out of love with transparency and its potential for exposure, uncertainty and unpleasant surprises. Obama is a case in point, as he went from executive orders promising a new era of openness to prosecuting more leakers than every other administration in US history before finally pardoning Chelsea Manning on his way out of the door.

Michael Wolff’s book Fire and Fury described how Trump has been both secretive and open at the same time: we have never known, simultaneously so much or so little about what a president has been doing and thinking. As Clare Birchall points out, he challenges some of our ideas about what being ‘open’ and ‘closed’ actually means.

Most presidents have hidden, or at least tried to hide, something. From Kennedy’s and Clinton’s philandering to Nixon’s bombing, everyone in the White House seems to have had something they wanted buried. Woodrow’s Wilson’s incapacitating illness was covered up so completely in 1919 that no one knew that his wife (a direct descendent of Pocahontas, no less) was acting President for more than year.

Yet no president has come to power with as many secrets as Trump. Perhaps Bill Clinton was his direct inspiration, with his constant dissembling and cover ups. In 2016 Trump refused to release his tax returns, while his medical report was written ‘in a few minutes’ (probably by Trump himself). Non-disclosure agreements abound in his business affairs and in the White House. There are also claims of ‘Catch and kill’ operations at major publications to bury stories about him, which have lately dragged in Amazon’s Jeff Bezos.

As President, Trump has issued secrecy waivers for lobbyists and refused to release White House visitor logs. His advisor daughter, inspired by ‘Crooked Hillary’, appears to have been using private email for public business. Trump’s only important mention of ‘transparency’ seems to be in reference to his border wall, which needs to be ‘transparent’. Here’s the full quote:

One of the things with the wall is you need transparency. You have to be able to see through it…And I’ll give you an example. As horrible as it sounds, when they throw the large sacks of drugs over, and if you have people on the other side of the wall, you don’t see them – they hit you on the head with 60 pounds of stuff? It’s over.

But what is it that Trump fears? Luke Harding’s book Collusion paints an extraordinary picture, in every sense of the word, of connections and conspiracy so vast that they are hard to believe and difficult to fathom. There appears to be a deep, twisted and toxic set of connections to Russia spanning decades and covering everything from Trump’s money to his cabinet picks. These begin with Soviet (and then Russian) intelligence overtures to Trump since the late 1980s, possibly involving compromising material. These are then overlaid with proposed business deals in the 1990s, the bailing out of Trump via Deutsche Bank and finally the infamous alleged meetings over leaks in 2016. The infamous Steele dossier, which is in a sense a raw intelligence statement rather than finished product, may be the bombshell hiding in plain sight. As Sarah Grant and Chuck Rosenberg explain :

The Mueller investigation has clearly produced public records that confirm pieces of the dossier. And even where the details are not exact, the general thrust of Steele’s reporting seems credible in light of what we now know.

Though large parts are not confirmed it has ‘held up well’. Wolff claims that there are other (worse) secrets hidden in their accounts.

While much of this remains circumstantial, Trump’s behaviour with Putin is certainly bizarre and, in national security terms, downright dangerous. When meeting Putin in late 2018, Trump had no note taker of his own and confiscated his interpreter’s notes. As this article points out:

President Trump has gone to extraordinary lengths to conceal details of his conversations with Putin, including on at least one occasion taking possession of the notes of his own interpreter and instructing the linguist not to discuss what had transpired with other administration officials.

This means that ‘there is no detailed record, even in classified files, of Trump’s face-to-face interactions with the Russian leader at five locations over the past two years’.

Yet, as the Wolff book points out, Trump’s White House is also oddly transparent and open, partly by intent and partly by accident. Trump committed to be, as Mark Fenster calls it, ‘morally open’ to the American people and, whichever way you read that, it is true. You do not need to search beyond Trump’s own Twitter account to know almost everything that the current President is thinking (and, interestingly, all those tweets are covered under the Presidential Records Act). Trump spectacularly demonstrated the power of the President to ‘declassify at will’ when he (accidentally? purposely?) disclosed sensitive Israeli intelligence on ISIS to Russia. He has also allowed cameras to film cabinet meetings and, more infamously, a meeting with Nancy Pelosi, which she branded her ‘skunk tickling’ clash. His declaration of a border emergency, and his admission that he ‘didn’t need to do it’, was part of Trump’s ‘honesty’ or his inability to understand that a politician needs to discriminate between their public (stated) and private (actual) motives: he is open because he is ‘undisciplined in his lack of hypocrisy’.

Part of this openness is accidental. For all the NDAs, this is by far the leakiest administration in modern history, with a stream of leaks opening up everything from Trump’s private life and racist views to the planning and chaos at the heart of government. A constant flow of memoirs have given us all sorts of details, including the fact that officials discussed using the 25th amendment to remove Trump in 2017. Bombshell leaks about everything are becoming the norm. Only in January 2019 did we discover that Trump was being investigated by his own FBI as a national security threat. It’s hard to imagine how the press and public would have reacted to such a revelation about Obama. Wolff claims that the biggest leaker, the super-leaker, is Donald J. Trump himself, who spends his evenings ranting to his billionaire friends on the phone.

Trump also has a remarkable ability to encourage greater openness pressure by his own actions, in what is commonly known as the ‘Streisand effect’. His rants and attacks have attracted the attention of the media and opponents and played an important part in the many ongoing investigations from the intelligence agencies (some of who he has insulted and sacked) and Congress (who he has raved about regularly).

Wolff’s book mentions that, among Trump’s many odd fixations, is an obsession with John W. Dean. He was Nixon’s White House Counsel who, fearing he was to be made the Watergate scapegoat, co-operated and gave evidence to the investigating committee in a blaze of damning publicity. Why, you may wonder, would Trump fixate upon someone with knowledge of something turning against him and going public?

The question is whether it will be Trump’s secrets or his openness that end his presidency. Amidst all this hyper-modern post-truth politics, Mueller’s investigation appears oddly old fashioned, patiently following the oft-repeated dictum to ‘follow the money’ and Robert Caro’s instruction to ‘turn every page’. The investigation is fundamentally about Russia, not Trump, but from what little can be gleaned, Mueller is quietly, privately and patiently assembling fragments and pieces to tell a devastating story. We still know little about what’s happening, but it may be that Trump’s collusion and obstruction are the same thing. Just like Clinton’s Whitewater investigation, no one knows quite where such patient, legalistic processes can lead and what they can reveal.

As publication is imminent, there’s now another transparency battle looming, as, legally speaking, the Attorney General does not have to release the report to Congress or the public. The new Attorney General, William Barr, promised repeatedly to abide with the procedures for sharing Mueller’s findings, but they do not obligate him to do anything except inform the public and Congress Mueller’s investigation is complete. That’s not to say, however, that Mueller’s report won’t be the most leakable document since the Steele report.

So far, documents have been the key. Whatever ‘thing’ happened, it needs to have been written down or recorded. So far, remember, Mueller was triggered by James Comey’s contemporary notes of his meeting with Trump. Flynn was caught out on intelligence recordings. Trump’s lawyer appeared to have been recording their conversations. Though you would assume care would be taken, Donald Trump Jr’s publishing of his emails shows there is a trail and Trump’s odd ‘recording’ tweet seemed to hint, with shades of Nixon, at some sort of taping system.

Records are at the heart of any good openness regime, and are normally behind any big scandal. Remember, Nixon was caught by his own recordings, not the allegations. For all his claims of being new or different, whether Trump stays or goes may depend very much on the age-old question of whether someone wrote it down or pressed record.

This post represents the views of the author and not those of Democratic Audit. 


About the authora

Ben Worthy is Lecturer in Politics at Birkbeck College, University of London. He is the author of The Politics of Freedom of Information: How and why governments pass laws that threaten their power.

Marlen Heide is a Ph.D. student at the Faculty of Communication SciencesUniversità della Svizzera italiana at Lugano.

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Prime minister of secrets: The short, closed premiership of Theresa May

Theresa May will be remembered as a prime minister who liked to keep things hidden. What’s less often commented on is how her obssession with secrecy explains why everything went so badly wrong….

Some claimed that Theresa May would be different. As home secretary she opened up police stop and search data, extended FOI to the Police Federation, and championed anti-corruption. Unlike Andrea Leadsom, she even published her own tax returns.

Sceptics told another story. In the Home Office, May was much keener on opening up her enemies than herself. She had a tendency to information control and secrecy and liked to work with a closed circle of trusted advisors, letting nothing out. Cameron’s likening of May to a submarine in the Brexit campaign, disappearing when trouble brewed, could be applied to her whole Home Office career. She sought to hide Border Force cuts from parliament in 2016 and, more famously, deflected blame onto officials in 2011 during a career threatening crisis.

It was these habits she took with her to No.10.

See the rest of the piece here on politics.co. uk


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Lifting the Cloud? Donald Trump’s Secrecy Problem (part 2)

              (Cover of Time Magazine 18 May 2017)

Not all secrets are bad. Keeping secrets is part of what makes us who we are. As Sissela Bok pointed out, we want, expect and need some level of confidentiality in all sorts of areas of our life, from job interviews to juries.

Nor is the revealing of a secret necessarily bad for politicians. Revelations are not always damaging or destructive. Some can survive or even thrive after exposes. President Mitterrand shrugged of a series of damaging revelations from his past while Bill Clinton’s impeachment led to greater popularity. The danger for a politicians is when secrecy and exposure either reinforce commonly held (negative) perceptions about you (let’s call it the Cameron or Clinton effect) or makes you do stupid things (let’s call it the Nixon effect).

The Clinton/Cameron effect

In terms of the Clinton/Cameron effect, exposure hurts worst when it confirms what the public already knew rather than reveals something shocking. Bill Clinton was seen as a liar and a womaniser and the Lewinsky affair in 1996 told America probably what it knew (or should have known) already. Similarly Hilary’s email ‘scandal’ reinforced what many felt, namely that the Clinton’s were dishonest. David Cameron’s 2016 tangle over his tax affairs again reinforced the view that he was a super-rich elitist out of touch with the country-a revelation, according to Tim Shipman, that helped swing the Brexit referendum towards Leave.

For Donald Trump the latest wave of revelations about Russia and his tangled attempt to get out of it confirms a great deal that we already know. For example, what does his leaking of classified information tells us? Trump is utterly lacking in caution and possesses a truly astonishing talent for self-defeating actions. There’s an interesting side debate over how a President can simply declassify information at will but a more worrying discussion over how, in doing so, Trump may have now breached his oath of office. Taken together, his actions on the Russia scandal tell us something we know already: that Trump appears, by an objective measure, unfit to be President. And those close to him such as Jared Kuschner, are under deep suspicion. Even the T word now being bandied about.

The Nixon effect

The second effect is that the need to conceal leads to a series of mistakes that deepen the crisis. Think of David Cameron’s strange present tense denials or Clinton’s lying under oath. Even by the standards of an impulsive, inexperienced leader Trump’s response has been extraordinarily self-defeating. His every action, every tweet or comment sinks him deeper. As Nixon’s former Counsel pointed out, Trump’s actions are not those of someone innocent. Trump’s actions have probably taken him far into impeachment territory.

And now?

The question is what happens next. From one point of view the new special counsel could give Trump a respite. Perhaps a formal investigation will slow or stem the leaks that flow continually from, well, everywhere while? Could it be that the formal investigation gives everyone a break from Trump’s uncontrollably impulsive actions? For all the furore it’s unclear what power the counsel will have. More importantly for Trump the findings are secret.

In fact, though the Counsel’s investigation may be secret, its very secrecy makes it even more attractive and interesting. Any findings from the Counsel will not be leak proof and this administration has proved by far the leakiest in history. It is very unlikely any potential leaker or journalist could resist trying to get it. Nor will what the counsel discovers stay safe from Congress as their report can also be subpoenaed.

Gradually small pieces of a complex jigsaw are being gathered together. None of the small parts of the puzzle are wholly incriminating. It’s not even clear what the big secret is or if it even exists. But each is incriminating of something odd or not right. Elsewhere I wrote that Trump’s bizarre cover-up tactics meant there’d be so much smoke that the existence of any fire would become immaterial. Post-Comey it looks as though Trump is purposely starting bigger fires amid an already burning White House.

Now the talk of written evidence or captured conversations means there could be a detailed paper trail, as seen with Comey’s statement (some context here). Will Trump, a president created by virtual celebrity, fake news and ephemeral information, find his fate is sealed by formal documents and record trails? If the evidence doesn’t get him, the allegations and his impulsive responses probably will: Trump the self-incriminating president may well be Clintoned and Nixoned simultaneously.

(See part one here)


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Donald Trump’s Secrecy Problem

Most US presidents that want to shake things up want to open them up too. From Woodrow Wilson to Barack Obama, those wanting to change the system have championed greater openness, whether by promoting openness in international affairs or rebooting FOI and Open Data. ‘Sunlight’, they would almost always say, ‘is the best disinfectant’. Even LBJ, albeit reluctantly, became the father of the first US FOI law when he sulkily signed the 1966 bill.

This is not to say that they stay open and ‘sunny’. Most radicals go off being open. Some do it quickly, some do it slowly, but go off they almost always do. Woodrow Wilson, for all his promises, introduced the 1917 Espionage Act and hid his severe illness in 1919 from the public for two years (and his wife governed, giving the US a secret female president between 1919-1921). For all his promises, Obama also clamped down hard on leakers. As Sissela Bok put it:

‘How many leaders have come into office determined to work for more open government, only to end by fretting over leaks, seeking new ways to classify documents and questioning the loyalty of outspoken subordinates?’ (Bok 1986, 177).

Donald Trump seems to have skipped the ‘open government’ phase entirely and gone straight to the fretting. Greater transparency is not part of his big 100 day plans. Trump isn’t even transparent about the smaller things presidents are generally open about. In the US candidates and office holders regularly publish their tax returns as a matter of course. Details of Obama’s falling income were on the White House website and you can see Reagan’s, Nixon’s, Truman’s and some of FDR’s on the great Tax History project site. Hillary Clinton’s returns are here and Bernie Sanders’ (possibly incomplete) ones here. Presidents also release medical records. Except, of course, Donald Trump, who released a rather brief statement that his doctor later confessed to have written ‘in a few minutes’.

All these little Trumpian secrets seem rather tame in comparison with ‘Russiagate’ that we see unfolding before our eyes (see this great piece for a detailed analysis and these 7 charts). This week the Senate hearings on Russian interference in the US election began in earnest while Mike Flynn, Trump’s former National Security Advisor, looks to go public. Though it isn’t clear what sort of scandal it is or where it may go, it is clear that all this secrecy is damaging the White House. Secrets almost always do three things: create suspicion, leaks and pressure to be open.

Problem one is that secrets makes people suspicious. Trump’s non-release of tax returns, for example, appears odder and odder – even Wikileaks is interested in it. As John Dean said, putting pressure on the FBI is not the behaviour of innocent people. And he should know: he was White House counsel for Richard Nixon 1970 until 1973.

This suspicion was encapsulated in Jeff Sessions’ cover up and non-answers to Congress. If, as defenders asserted after, it was normal to meet the Russian ambassador, why not say it? Why hide it? As Chris Hayes put it ‘there’s this pattern…in which there’s this kind of bizarre disassembling about the basic facts of the matter…do you understand why that reads to people as fishy?’ As the Onion put it, ‘Heartbroken Russian Ambassador Thought Special Meetings with Jeff Sessions Were Very Memorable’.

Problem two is that strident denial and clamping down kickstarts all sorts of informal openness. ‘The ship of state’, as the saying goes, ‘is the only known vessel that leaks from the top’. And Trump’s White House is extraordinarily and spectacularly leaky, as a result of factions, frustration and fear (not because of Trump’s phone). Even the administration’s attempts to clamp down on leaks leak.

Problem three is that secrecy attracts attention and motivates others to force you to be open. Trump’s supposed smokescreens and distractions via Twitter are spectacularly counterproductive. There are currently no less than three Congressional investigations ongoing (Senate intelligence, House intelligence and House oversight) all of whom will search, call witnesses and dig. Even Republicans in Congress, who have accepted his racism, sexism and mocking of the disabled, are beginning to want to know more. There’s also a joint intelligence services probe, run by many of the organisations Trump has outright insulted. On 20 March, the heads of the FBI and CIA, in Congressional hearings, contested Trumps’ wiretapping claims: as one observer put it ‘two months after taking office, Trump has implicitly been branded a fantasist by the heads of America’s largest law enforcement agency and its largest intelligence agency’. These investigations

…guarantee that the Russia cloud will hang over the Trump administration at least until the various investigations are over [this] could take months and possibly years to wrap up. All the while, speculation is likely to be fuelled by more leaks, and more embarrassing testimonies.

The media are pursuing Russia and, in a further echo of Watergate, are keeping the topic on the front pages. Meanwhile a whole host of FOI requests ask about Trump’s conflicts of interest with more than 3000 followers of this Trump FOI Slack channel and at least 184 requests on the requesting site muck rock (perhaps someone should invent a bot like this one).

As I wrote in relation to Theresa May, some politicians are born to be open, some achieve openness by accident and some have openness thrust upon them. The combination of suspicion, leaking and pressure is shining a light on the new president. Russia is now coming to dominate everything Trump does and undermine everything else. Soon there will be an attempt to answer the most dangerous question in politics – why? There may never be a smoking gun, but the glimpses and hints at a truth, and the drip of revelations, are likely to be deep, dangerous and damaging. Even in the very unlikely event there is no gun, just smoke, remember it’s the smoke that normally kills. Trump will regret he wasn’t more open from the start.

Ben Worthy is a Lecturer in Politics at Birkbeck College. His new book The Politics of Freedom of Information: How and why governments pass laws that threaten their power is published by Manchester University Press. You can read chapter 1 here.