Well, well, looky here , , ,
Who is James Comey?
http://www.cnn.com/2016/07/07/politics/who-is-james-comey-fbi-director-things-to-know/
Who is Rod Rowenstein?
http://www.mcclatchydc.com/news/politics-government/white-house/article149815754.html
What implications?
"Donald, you stupid fk!"
If true then drain the swamp indeed. What to bring in a new one? :cry: :x
Could someone find the citation(s) for that Team Obama woman who let the cat out of the bag about how they left landmines for Trump, and also relevant citations about Obama expanding Super Duper Top Secret stuff from a handful of people to 17 agencies?
Are you saying that the President can ask the FBI Director to back off an investigation of a friend of his?
Very helpful GM-- can you find the one(s) of the Obama team woman inadvertently admitting everything in a TV interview?
The whereabout in the white house of Obama : a *source* told me Obama was screwing an intern during the Benghazi attack. That is why it was hushed up. And worse that that was after a dinner in which he had *TWO* scoops of ice cream while forcing everyone else present to suffer with only *ONE* scoop.
So why is this not "breaking news" with power delirious news (democrat party employees) people urinating all over themselves ranting and raving about this "scoop" 24/7?
http://www.cnn.com/2017/05/11/politics/trump-time-magazine-ice-cream/index.html
Brennan:
Mr. Brennan, the former C.I.A. director, said Tuesday that he became concerned last year that the Russian government was trying to influence members of the Trump campaign to act — wittingly or unwittingly — on Moscow’s behalf.
“I encountered and am aware of information and intelligence that revealed contacts and interactions between Russian officials and U.S. persons involved in the Trump campaign that I was concerned about because of known Russian efforts to suborn such individuals,” Mr. Brennan told lawmakers on the House Intelligence Committee.
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“It raised questions in my mind about whether Russia was able to gain the cooperation of those individuals,” he said, adding that he did not know whether the Russian efforts were successful.
He added, “I don’t know whether such collusion existed.”
---------------
me: can anyone imagine if he had instead said there is 8no evidence of any collusion*? Slightly re wording this makes all the difference. Even if a conclusion finally comes , God knows when, that no collusion was found the LEFT will for ever and ever claim it existed but was just not found.
The right should start labelling them as quack "conspiracy theorists "
Why are not the intelligence agencies investigating reports of the DNC staffer being the source of the DNC email leaks to wikileaks?
" I expect Marc Rich's computer to go missing or get lost somehow. "
Or hard drive removed tampered with then put back or replaced with only partial data. This is what I have seen though not at national security levels obviously.
Though I agree it simply disappearing ala Hillary/Bill/DNC would be the safest mode of disposing of incriminating evidence.
(Oh but it's storage is safe in a DC police station. :roll:)
Why would Comey not have demanded access to it and had it forensically evaluated? Is not that the death was mysterious, the victim a noted disgruntled Sanders supporter enough grounds to look into the possibility that he not Russia etc gave the emails to Wikileaks?
yet we take the word of some DNC hired Ukranian security firm as though it is gospel. (as pointed out by Rush L)
Bottom line :
If it helps republicans the MSM makes it into some "crazy right wing conspiracy" theory. But if it helps libs it is "proof", and a guilty to proven innocent attitude ,yada yada......
Third post
http://www.pressherald.com/2017/05/26/russian-ambassador-said-kushner-asked-for-secret-channel-to-kremlin-officials-say/
http://www.realclearpolitics.com/video/2017/05/28/james_rosen_comeys_fbi_broke_its_own_rules__procedures_on_spying_on_americans.html
JAMES ROSEN: [House Democratic Leader] Pelosi confessed ignorance of this week's disclosure that the National Security Agency for at least five years under the Obama administration systematically violated Americans' Fourth Amendment rights...
Civil liberties groups said the disclosures should factor into lawmakers' decision at year's end about whether to reauthorize the NSA collection program that witnessed the abuses...
The sheer scale of the 4th Amendment violations is staggering, as was the sternness of the rebuke of the Obama administration by the FISA court, which ordinarily approves 99.9% of the government's request.
As of a few minutes ago, this story had not been covered by the Washington Post, the New York Times or any of the three broadcast networks.
BOMBSHELL:
Judicial Watch today announced that the National Security Council (NSC) on May 23, 2017, informed it by letter that the materials regarding the unmasking by Obama National Security Advisor Susan Rice of “the identities of any U.S. citizens associated with the Trump presidential campaign or transition team” have been removed to the Obama Library. The NSC will ***not*** fulfill a Judicial Watch request for records regarding information relating to people “who were identified pursuant to intelligence collection activities.” Specifically, the NSC told Judicial Watch: 'Documents from the Obama administration have been transferred to the Barack Obama Presidential Library. You may send your request to the Obama Library. However, you should be aware that under the Presidential Records Act, Presidential records remain closed to the public for five years after an administration has left office.' Judicial Watch President Tom Fitton said: “Prosecutors, Congress, and the public will want to know when the National Security Council shipped off the records about potential intelligence abuses by the Susan Rice and others in the Obama White House to the memory hole of the Obama Presidential Library. We are considering our legal options but we hope that the Special Counsel and Congress also consider their options and get these records.”
https://www.washingtonpost.com/graphics/2017/world/national-security/obama-putin-election-hacking/?hpid=hp_hp-banner-high_russiaobama-banner-7a%3Ahomepage%2Fstory&utm_term=.8ddbfa156299
The amount of sources and methods exposed by this article is extraordinary :x :x :x :x :x :x :x :x :x
The amount of sources and methods exposed by this article is extraordinary :x :x :x :x :x :x :x :x :x
Some people agreeing with you:
The story comes complete with this revelation: “Obama also approved a previously undisclosed covert measure that authorized planting cyber weapons in Russia’s infrastructure, the digital equivalent of bombs that could be detonated if the United States found itself in an escalating exchange with Moscow. The project, which Obama approved in a covert-action finding, was still in its planning stages when Obama left office. It would be up to President Trump to decide whether to use the capability.”
I’m sure Putin is grateful for the heads-up from the Post.
http://www.powerlineblog.com/archives/2017/06/an-epidemic-of-lawlessness.php
http://dailycaller.com/2017/06/29/nyt-issues-correction-on-claim-that-intel-agencies-agreed-russia-attempted-to-help-trump-win-election/?utm_campaign=thedcmainpage&utm_source=Facebook&utm_medium=Social
https://www.nytimes.com/2017/07/08/us/politics/trump-russia-kushner-manafort.html?emc=edit_ta_20170708&nl=top-stories&nlid=49641193&ref=cta&_r=0
Intriguing find-- and glad to have it with which to counter certain friends on FB :-D
second post
http://thehill.com/policy/national-security/341225-comeys-private-memos-on-trump-conversations-contained-classified?rnd=1499645596
https://theforensicator.wordpress.com/guccifer-2-ngp-van-metadata-analysis/
https://www.nytimes.com/2017/07/10/us/politics/donald-trump-jr-russia-email-candidacy.html?emc=edit_na_20170710&nl=breaking-news&nlid=49641193&ref=cta&_r=0
CCP's NRO post ( http://www.nationalreview.com/article/449376/donald-trump-jr-e-mails-proof-trump-campaign-attempted-collusion-russia ) is deeply concerning.
Yes, and , , ,
http://www.nationalreview.com/morning-jolt/449396/donald-trump-jr-russia-meeting-david-brooks-sandwich-class-column?utm_source=Sailthru&utm_medium=email&utm_campaign=170712_Jolt&utm_term=Jolt
C'mon GM, that's not my point.
But our support of President Trump is because of what we believe-- and IMHO if we cannot speak Truth about failings our big picture credibility suffers.
http://conservativefighters.com/news/cnn-reporter-tweets-pic-russian-attorney-behind-obama-ambassador-days-trump-jr-meeting-freakout-ensues/?utm_content=bufferd6ec9&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer
Third post:
A major progressive friend cites this hard to read page https://www.dailykos.com/stories/2017/7/9/1679290/-Abramson-connects-the-dots-collusion-is-certain-and-Trump-knew
and summarizes it thus:
==============================================
To summarize the collusion (the individual pieces are now out there and this is my belief about how it all came together):
- Trump's clan was contacted by his friends in Russia once it was clear that he would win the Republican Party nomination.
- Russia knew it would be unlikely Trump would win but believed it could test out its information warfare capabilities, which it had been bragging about in open conferences in Russia but now needed a test case on the international stage (the low price of oil has gutted the Russian economy and the oligarchs have stolen hundreds of billions from the Russian people without punishment, so cyber warfare rather than physical warfare are now their game).
- Trump's people, not actually believing they could win, took the bait and started meetings as far back as April to see how hey might get help from the country that has been funding Trump's poorly performing businesses (via DeutcheBank as the paper processor).
- In characteristic fashion, the Russians mount a full court press, meeting with a half dozen or more people involved in the campaign and built strong roots with people who were already US citizens acting as foreign agents (Manafort, et al).
- Russia promised a whole slew of support which was all discussed in all the meetings with the Russians--from Sessions to Manafort to Carter Page, to Don Jr's meetings--and included discussions of how the Trump camp could feed Russia information that Russia could use for micro targeting through Facebook (which has been proven).
- These meetings and discussions entangle the Trump campaign in a way that, even if the campaign wanted to get out, were stuck (proof is in how Flynn was brought in as national security advisor, in a giant coup for the Russians, proving to them that their entanglement works at the highest levels).
- The lack of cloaking is so evident that Trump gets on stage in early June 2016, 4 days after the meeting with Don Jr and the other cronies he brags that he is going to reveal a whole bunch of Clinton dirt! It was planned, it was orchestrated and colluded upon, no question about it.
- Russia knew that if their information warfare techniques could actually shift the election, with the recordings the Russians had on Trump's people, they owned the entire group and could see their bought and sold Trump people all the way into the White House (both to have morons who would repeal the sanctions but also to fundamentally destabilize the world and the US leadership role, which have now already happened in only a few months, and not even with Trump needing to be told what to do!).
- Trump was so highly undesirable that only an information warfare approach in the key districts (the now legendary 77,000 votes) created the painful secret anti-Clinton vote that allowed those districts to flip red and the Electoral College to go for Trump despite a massive popular vote win for Clinton (this was all aided by the stupid overconfidence of Clinton by not anticipating the flipping and not playing as dirty as Trump-Russia).
- When Trump can't seem to lose by saying the most extraordinary things, the Russians double-down on true fake news (Clinton running a sex ring...etc.) and find that people continue to believe it. In fact more than 75% of the Facebook impressions during the campaign were for fake rather than real news, affecting 15 million people, more than enough to sway 77,000 votes in key districts.
- When journalists (thank g-d) started penetrating the strange new world and leakers (thank g-d) started leaking at the greatest levels ever seen, we got to see a picture of exactly what a purchased, compromised executive branch looks like--state attorney generals who were promised a job but who were investigating Russian ties being fired, compromised people like Flynn being pushed in, firings of Comey who were close to the truth, and now the unstoppable cascade of new revelations coming out.
We will look back on this day and say, my g-d, it was all right there in front of us but too surreal to believe. From the likes of Michael Crichton or John Le Carré novels, this is real. The Russians have created the most powerful bioweapon: our own self-loathing and gullibility.
Believe.
https://www.thecipherbrief.com/article/exclusive/clapper-trump-jr-emails-only-one-anecdote-much-larger-story-1091
This makes sense to me:
“What I find striking — and alarming — is less that these senior Trump officials stepped over the ethical line, but that they don’t seem to even understand that such a line exists,” Morell said.
A timely reminder.
Still, this remains:
"“What I find striking — and alarming — is less that these senior Trump officials stepped over the ethical line, but that they don’t seem to even understand that such a line exists,” Morell said."
What ethical line is this? This is all bullshiite. You need to stop giving the MSM/Dems/deep state gaslighting memes credit. Both Clapper and Morrell have the credibility of a methamphetamine addict car thief.
https://www.nytimes.com/2016/08/05/opinion/campaign-stops/i-ran-the-cia-now-im-endorsing-hillary-clinton.html?mtrref=en.wikipedia.org&gwh=C453C850BC21F7FF8F179DC8F7A94E52&gwt=pay&assetType=opinion
http://www.chicagotribune.com/news/local/politics/ct-peter-smith-death-met-0713-20170713-story.html
http://www.chicagotribune.com/news/local/politics/ct-peter-smith-death-met-0713-20170713-story.html
Plenty of reasons to be suspicious. A hotel used almost exclusively for Mayo clinic patients is probably not where you find cases of untreated depression. I don't understand the role of the helium or how people learn or decide best way :-( to commit suicide. Maybe it gives him comfort breathing something as the oxygen disappears. Did he buy the helium himself? Did he research that method online in his own browser history?
Even if genuine suicide, this adds to the enormous trail of dead bodies along the Clinton path. From the article:
"For years, former Democratic President Bill Clinton was Smith's target. The wealthy businessman had a hand in exposing the "Troopergate" allegations about Bill Clinton's sex life. And he discussed financing a probe of a 1969 trip Bill Clinton took while in college to the Soviet Union, according to Salon magazine.'
Are there any Clinton scandal researchers still alive. Whoever killed him is probably asking that question too.
Fascinating discussion about at 06:00 https://www.youtube.com/watch?v=FjCi2xLRgZQ
about this:
https://www.washingtonpost.com/world/national-security/sessions-discussed-trump-campaign-related-matters-with-russian-ambassador-us-intelligence-intercepts-show/2017/07/21/3e704692-6e44-11e7-9c15-177740635e83_story.html?utm_term=.0246b51d7c7c
Why isn't the FBI going after these leakers?
Did Trump Make A Big Concession To Putin At G20?
By DICK MORRIS
Published on DickMorris.com on July 21, 2017
At the recent G20 meeting in Hamburg this month, Russian dictator Vladimir Putin met on the side with President Trump for what they called an "informal" fifteen minute session. Press reports indicate that they discussed "adoptions."
Presumably, this refers to the Russian ban on American adoptions of Russian infants that was enacted in 2012 to retaliate against the United States for new sanctions imposed by the Congress on Russians. The sanctions, called the Magnitsky Act, were voted to punish individual Russians who were complicit in the jailhouse murder of Sergei Magnitsky, a lawyer who was arrested after exposing hundreds of millions of dollars of corruption by Putin.
At the time of the adoption ban, Russia was the third most popular country for infant adoptions with almost 1,000 adoptions each year.
Putin wants the Magnitsky Act repealed by Congress. Human rights activist Bill Browder wants them extended to 280 new Russians who he says were complicit in the persecution, arrest, and murder of Sergei Magnitsky or in the corruption he exposed.
To say that they discussed "adoptions" is a euphemism for the fact that they likely talked about repealing the Magnitsky Act. Because Magnitsky's charges of corruption were personally leveled at Putin and perhaps because he might have been involved in the murder, the Russian leader has pushed hard for it repeal.
The push to weaken the Magnitsky Act interfaces with the charges that Trump and Putin conspired to fix the U.S. election. The Russian lawyer Natalia Veselnitskaya and her countryman, lobbyist Rinat Akhmetshin, both were hired as lobbyists for a Foundation pushing for repeal of the Magnitsky Act. And they were also both present at the now famous meeting with Trump's son and also raised the issue of "adoptions" with him.
To add to the mix, Fusion GPS, the negative research firm that hired former British spy Christopher Steele to dig up dirt on Trump, also worked to lobby against the Magnitsky Act.
So, we are driven to ask the question: Did Trump promise Putin to weaken -- or at least not expand -- the Magnitsky Act?
The fact that Putin's lobbyists raised the Magnitsky Act with Trump Jr. and now that the dictator himself brought it up with the president, shows how important the question is to Putin personally. If Trump relented and gave in to Putin on the issue, it is a very big deal indeed.
The media, so far, has not penetrated beyond the description of the meeting as being about "adoptions" to get at the real issue beneath.
Rush Limbaugh spoke of this exact Kurt Schlichter article yesterday
But since when has Trump been smart about firing anyone ?
Fed up in NJ
When one follows the money to Fusion GPS and the phony "Russian dossier" that it pushed to anti-Trump people, one can see the links to Putin and his efforts to rescind the Magnitsky Act. All you need know here is that the retired Brit who authored the "dossier" defended a libel action against him in the UK by claiming that he thoroughly disclosed to Fusion GPS that his sources were Russian.
Comey, McCain, and a cast of thousands were duped by that dossier because it confirmed their pre-existing opinions of Trump. Comey likely used the dossier to ratchet up the counterintel investigation of Trump people. Information in it was used to obtain a FISA warrant against certain Trump associates.
Of course, the Russians had the other alternative covered. If Hillary had been elected, then we'd be having investigations into the emails, servers, and other stuff. I am confident that Russian intel operatives were behind the leak of the Podesta emails to Wikileaks; but I am not confident that they did the original phishing scam on Podesta.
The most likely scenario here is that Putin outfoxed the DC swamp and the swamp does not want to admit it. Hence, it is in full cover-up mode. And, its cover-up consists mainly of attacking Trump in order to deflect the spotlight from them.
So, Putin and Russian intel has suceeded in neutralizing Trump with a special counsel investigation based upon a phony dossier that was spoon-fed to anti-Trump oppo research peeps by Russian operatives. And the entire meeting with Trump Jr was a set-up designed to ascertain whether his group would be friendly to Russia and its efforts to overturn Magnitsky. When Trmup Jr, Kushner and Manafort walked away, the effort shifted to the current effort to undermine Trump by using political opponents as unwittings.
Does anyone think for more then a fleeting second the mostly Obama ad Clinton tied lawyers will not find SOMeTHING?
http://www.nationalreview.com/article/450149/robert-mueller-grand-jury-appointment
...
It is much harder to believe this could end well then vice a versa :cry:
Len Blavatnik is not exactly a secretive person.
http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001326628 (http://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0001326628)
Blavatnik's investment company's office is on the 20th floor of a large office building across the street from Trump Tower. So is the Argentine Consulate and many other business.
The gist of the professor's article is that because Blavatnik may know Deripaska and because Deripaska is connected to Putin and other pro-Putin oligarchs, ergo, Blavatnik's donations to the Republican PAC's are motivated by pro-Putin interests rather by Blavatnik's interest in maintaining good relations with the party that might control the SEC and other regulators that have authority over his US based investment business.
The author's bio
http://www.udallas.edu/cob/about/faculty/may-ruth.php (http://www.udallas.edu/cob/about/faculty/may-ruth.php)
I am unimpressed with her reasoning in the article. For example, 48% does not constitute a majority stake in any company. I thought a CFP and a business professor would know that. Also, it appears that she is connected with many of the same Ukrainian characters that attempted to assist Hillary Clinton in the 2016 campaign. In other words, she does not seem all that more credentialed than many posters on this forum. Yet, she published a sloppily written column designed to make a political point.
https://www.thenation.com/article/a-new-report-raises-big-questions-about-last-years-dnc-hack/
A New Report Raises Big Questions About Last Year’s DNC Hack
Former NSA experts say it wasn’t a hack at all, but a leak—an inside job by someone with access to the DNC’s system.
By Patrick LawrenceTwitter AUGUST 9, 2017
It is now a year since the Democratic National Committee’s mail system was compromised—a year since events in the spring and early summer of 2016 were identified as remote hacks and, in short order, attributed to Russians acting in behalf of Donald Trump. A great edifice has been erected during this time. President Trump, members of his family, and numerous people around him stand accused of various corruptions and extensive collusion with Russians. Half a dozen simultaneous investigations proceed into these matters. Last week news broke that Special Counsel Robert Mueller had convened a grand jury, which issued its first subpoenas on August 3. Allegations of treason are common; prominent political figures and many media cultivate a case for impeachment.
The president’s ability to conduct foreign policy, notably but not only with regard to Russia, is now crippled. Forced into a corner and having no choice, Trump just signed legislation imposing severe new sanctions on Russia and European companies working with it on pipeline projects vital to Russia’s energy sector. Striking this close to the core of another nation’s economy is customarily considered an act of war, we must not forget. In retaliation, Moscow has announced that the United States must cut its embassy staff by roughly two-thirds. All sides agree that relations between the United States and Russia are now as fragile as they were during some of the Cold War’s worst moments. To suggest that military conflict between two nuclear powers inches ever closer can no longer be dismissed as hyperbole.
All this was set in motion when the DNC’s mail server was first violated in the spring of 2016 and by subsequent assertions that Russians were behind that “hack” and another such operation, also described as a Russian hack, on July 5. These are the foundation stones of the edifice just outlined. The evolution of public discourse in the year since is worthy of scholarly study: Possibilities became allegations, and these became probabilities. Then the probabilities turned into certainties, and these evolved into what are now taken to be established truths. By my reckoning, it required a few days to a few weeks to advance from each of these stages to the next. This was accomplished via the indefensibly corrupt manipulations of language repeated incessantly in our leading media.
We are urged to accept the word of institutions and senior officials with long records of deception.
Lost in a year that often appeared to veer into our peculiarly American kind of hysteria is the absence of any credible evidence of what happened last year and who was responsible for it. It is tiresome to note, but none has been made available. Instead, we are urged to accept the word of institutions and senior officials with long records of deception. These officials profess “high confidence” in their “assessment” as to what happened in the spring and summer of last year—this standing as their authoritative judgment. Few have noticed since these evasive terms first appeared that an assessment is an opinion, nothing more, and to express high confidence is an upside-down way of admitting the absence of certain knowledge. This is how officials avoid putting their names on the assertions we are so strongly urged to accept—as the record shows many of them have done.
We come now to a moment of great gravity.
There has been a long effort to counter the official narrative we now call “Russiagate.” This effort has so far focused on the key events noted above, leaving numerous others still to be addressed. Until recently, researchers undertaking this work faced critical shortcomings, and these are to be explained. But they have achieved significant new momentum in the past several weeks, and what they have done now yields very consequential fruit. Forensic investigators, intelligence analysts, system designers, program architects, and computer scientists of long experience and strongly credentialed are now producing evidence disproving the official version of key events last year. Their work is intricate and continues at a kinetic pace as we speak. But its certain results so far are two, simply stated, and freighted with implications:
There was no hack of the Democratic National Committee’s system on July 5 last year—not by the Russians, not by anyone else. Hard science now demonstrates it was a leak—a download executed locally with a memory key or a similarly portable data-storage device. In short, it was an inside job by someone with access to the DNC’s system. This casts serious doubt on the initial “hack,” as alleged, that led to the very consequential publication of a large store of documents on WikiLeaks last summer.
Forensic investigations of documents made public two weeks prior to the July 5 leak by the person or entity known as Guccifer 2.0 show that they were fraudulent: Before Guccifer posted them they were adulterated by cutting and pasting them into a blank template that had Russian as its default language. Guccifer took responsibility on June 15 for an intrusion the DNC reported on June 14 and professed to be a WikiLeaks source—claims essential to the official narrative implicating Russia in what was soon cast as an extensive hacking operation. To put the point simply, forensic science now devastates this narrative.
This article is based on an examination of the documents these forensic experts and intelligence analysts have produced, notably the key papers written over the past several weeks, as well as detailed interviews with many of those conducting investigations and now drawing conclusions from them. Before proceeding into this material, several points bear noting.
One, there are many other allegations implicating Russians in the 2016 political process. The work I will now report upon does not purport to prove or disprove any of them. Who delivered documents to WikiLeaks? Who was responsible for the “phishing” operation penetrating John Podesta’s e-mail in March 2016? We do not know the answers to such questions. It is entirely possible, indeed, that the answers we deserve and must demand could turn out to be multiple: One thing happened in one case, another thing in another. The new work done on the mid-June and July 5 events bears upon all else in only one respect. We are now on notice: Given that we now stand face to face with very considerable cases of duplicity, it is imperative that all official accounts of these many events be subject to rigorously skeptical questioning. Do we even know that John Podesta’s e-mail address was in fact “phished”? What evidence of this has been produced? Such rock-bottom questions as these must now be posed in all other cases.
Two, houses built on sand and made of cards are bound to collapse, and there can be no surprise that the one resting atop the “hack theory,” as we can call the prevailing wisdom on the DNC events, appears to be in the process of doing so. Neither is there anything far-fetched in a reversal of the truth of this magnitude. American history is replete with similar cases. The Spanish sank the Maine in Havana harbor in February 1898. Iran’s Mossadegh was a Communist. Guatemala’s Árbenz represented a Communist threat to the United States. Vietnam’s Ho Chi Minh was a Soviet puppet. The Sandinistas were Communists. The truth of the Maine, a war and a revolution in between, took a century to find the light of day, whereupon the official story disintegrated. We can do better now. It is an odd sensation to live through one of these episodes, especially one as big as Russiagate. But its place atop a long line of precedents can no longer be disputed.
Forensic investigators, prominent among them people with decades’ experience at high levels in our national-security institutions, have put a body of evidence on a table previously left empty.
Three, regardless of what one may think about the investigations and conclusions I will now outline—and, as noted, these investigations continue—there is a bottom line attaching to them. We can even call it a red line. Under no circumstance can it be acceptable that the relevant authorities—the National Security Agency, the Justice Department (via the Federal Bureau of Investigation), and the Central Intelligence Agency—leave these new findings without reply. Not credibly, in any case. Forensic investigators, prominent among them people with decades’ experience at high levels in these very institutions, have put a body of evidence on a table previously left empty. Silence now, should it ensue, cannot be written down as an admission of duplicity, but it will come very close to one.
It requires no elaboration to apply the above point to the corporate media, which have been flaccidly satisfied with official explanations of the DNC matter from the start.
Qualified experts working independently of one another began to examine the DNC case immediately after the July 2016 events. Prominent among these is a group comprising former intelligence officers, almost all of whom previously occupied senior positions. Veteran Intelligence Professionals for Sanity (VIPS), founded in 2003, now has 30 members, including a few associates with backgrounds in national-security fields other than intelligence. The chief researchers active on the DNC case are four: William Binney, formerly the NSA’s technical director for world geopolitical and military analysis and designer of many agency programs now in use; Kirk Wiebe, formerly a senior analyst at the NSA’s SIGINT Automation Research Center; Edward Loomis, formerly technical director in the NSA’s Office of Signal Processing; and Ray McGovern, an intelligence analyst for nearly three decades and formerly chief of the CIA’s Soviet Foreign Policy Branch. Most of these men have decades of experience in matters concerning Russian intelligence and the related technologies. This article reflects numerous interviews with all of them conducted in person, via Skype, or by telephone.
The customary VIPS format is an open letter, typically addressed to the president. The group has written three such letters on the DNC incident, all of which were first published by Robert Parry at www.consortiumnews.com. Here is the latest, dated July 24; it blueprints the forensic work this article explores in detail. They have all argued that the hack theory is wrong and that a locally executed leak is the far more likely explanation. In a letter to Barack Obama dated January 17, three days before he left office, the group explained that the NSA’s known programs are fully capable of capturing all electronic transfers of data. “We strongly suggest that you ask NSA for any evidence it may have indicating that the results of Russian hacking were given to WikiLeaks,” the letter said. “If NSA cannot produce such evidence—and quickly—this would probably mean it does not have any.”
The day after Parry published this letter, Obama gave his last press conference as president, at which he delivered one of the great gems among the official statements on the DNC e-mail question. “The conclusions of the intelligence community with respect to the Russian hacking,” the legacy-minded Obama said, “were not conclusive.” There is little to suggest the VIPS letter prompted this remark, but it is typical of the linguistic tap-dancing many officials connected to the case have indulged so as to avoid putting their names on the hack theory and all that derives from it.
Until recently there was a serious hindrance to the VIPS’s work, and I have just suggested it. The group lacked access to positive data. It had no lump of cyber-material to place on its lab table and analyze, because no official agency had provided any.
Donald Rumsfeld famously argued with regard to the WMD question in Iraq, “The absence of evidence is not evidence of absence.” In essence, Binney and others at VIPS say this logic turns upside down in the DNC case: Based on the knowledge of former officials such as Binney, the group knew that (1) if there was a hack and (2) if Russia was responsible for it, the NSA would have to have evidence of both. Binney and others surmised that the agency and associated institutions were hiding the absence of evidence behind the claim that they had to maintain secrecy to protect NSA programs. “Everything that they say must remain classified is already well-known,” Binney said in an interview. “They’re playing the Wizard of Oz game.”
New findings indicate this is perfectly true, but until recently the VIPS experts could produce only “negative evidence,” as they put it: The absence of evidence supporting the hack theory demonstrates that it cannot be so. That is all VIPS had. They could allege and assert, but they could not conclude: They were stuck demanding evidence they did not have—if only to prove there was none.
Research into the DNC case took a fateful turn in early July, when forensic investigators who had been working independently began to share findings and form loose collaborations.
Research into the DNC case took a fateful turn in early July, when forensic investigators who had been working independently began to share findings and form loose collaborations wherein each could build on the work of others. In this a small, new website called www.disobedientmedia.com proved an important catalyst. Two independent researchers selected it, Snowden-like, as the medium through which to disclose their findings. One of these is known as Forensicator and the other as Adam Carter. On July 9, Adam Carter sent Elizabeth Vos, a co-founder of Disobedient Media, a paper by the Forensicator that split the DNC case open like a coconut.
By this time Binney and the other technical-side people at VIPS had begun working with a man named Skip Folden. Folden was an IT executive at IBM for 33 years, serving 25 years as the IT program manager in the United States. He has also consulted for Pentagon officials, the FBI, and the Justice Department. Folden is effectively the VIPS group’s liaison to Forensicator, Adam Carter, and other investigators, but neither Folden nor anyone else knows the identity of either Forensicator or Adam Carter. This bears brief explanation.
The Forensicator’s July 9 document indicates he lives in the Pacific Time Zone, which puts him on the West Coast. His notes describing his investigative procedures support this. But little else is known of him. Adam Carter, in turn, is located in England, but the name is a coy pseudonym: It derives from a character in a BBC espionage series called Spooks. It is protocol in this community, Elizabeth Vos told me in a telephone conversation this week, to respect this degree of anonymity. Kirk Wiebe, the former SIGINT analyst at the NSA, thinks Forensicator could be “someone very good with the FBI,” but there is no certainty. Unanimously, however, all the analysts and forensics investigators interviewed for this column say Forensicator’s advanced expertise, evident in the work he has done, is unassailable. They hold a similarly high opinion of Adam Carter’s work.
Forensicator is working with the documents published by Guccifer 2.0, focusing for now on the July 5 intrusion into the DNC server. The contents of Guccifer’s files are known—they were published last September—and are not Forensicator’s concern. His work is with the metadata on those files. These data did not come to him via any clandestine means. Forensicator simply has access to them that others did not have. It is this access that prompts Kirk Wiebe and others to suggest that Forensicator may be someone with exceptional talent and training inside an agency such as the FBI. “Forensicator unlocked and then analyzed what had been the locked files Guccifer supposedly took from the DNC server,” Skip Folden explained in an interview. “To do this he would have to have ‘access privilege,’ meaning a key.”
What has Forensicator proven since he turned his key? How? What has work done atop Forensicator’s findings proven? How?
Forensicator’s first decisive findings, made public on July 9, concerned the volume of the supposedly hacked material and what is called the transfer rate.
Forensicator’s first decisive findings, made public in the paper dated July 9, concerned the volume of the supposedly hacked material and what is called the transfer rate—the time a remote hack would require. The metadata established several facts in this regard with granular precision: On the evening of July 5, 2016, 1,976 megabytes of data were downloaded from the DNC’s server. The operation took 87 seconds. This yields a transfer rate of 22.7 megabytes per second.
These statistics are matters of record and essential to disproving the hack theory. No Internet service provider, such as a hacker would have had to use in mid-2016, was capable of downloading data at this speed. Compounding this contradiction, Guccifer claimed to have run his hack from Romania, which, for numerous reasons technically called delivery overheads, would slow down the speed of a hack even further from maximum achievable speeds.
Time stamps in the metadata indicate the download occurred somewhere on the East Coast of the United States—not Russia, Romania, or anywhere else outside the EDT zone.
What is the maximum achievable speed? Forensicator recently ran a test download of a comparable data volume (and using a server speed not available in 2016) 40 miles from his computer via a server 20 miles away and came up with a speed of 11.8 megabytes per second—half what the DNC operation would need were it a hack. Other investigators have built on this finding. Folden and Edward Loomis say a survey published August 3, 2016, by www.speedtest.net/reports is highly reliable and use it as their thumbnail index. It indicated that the highest average ISP speeds of first-half 2016 were achieved by Xfinity and Cox Communications. These speeds averaged 15.6 megabytes per second and 14.7 megabytes per second, respectively. Peak speeds at higher rates were recorded intermittently but still did not reach the required 22.7 megabytes per second.
“A speed of 22.7 megabytes is simply unobtainable, especially if we are talking about a transoceanic data transfer,” Folden said. “Based on the data we now have, what we’ve been calling a hack is impossible.” Last week Forensicator reported on a speed test he conducted more recently. It tightens the case considerably. “Transfer rates of 23 MB/s (Mega Bytes per second) are not just highly unlikely, but effectively impossible to accomplish when communicating over the Internet at any significant distance,” he wrote. “Further, local copy speeds are measured, demonstrating that 23 MB/s is a typical transfer rate when using a USB–2 flash device (thumb drive).”
Time stamps in the metadata provide further evidence of what happened on July 5. The stamps recording the download indicate that it occurred in the Eastern Daylight Time Zone at approximately 6:45 pm. This confirms that the person entering the DNC system was working somewhere on the East Coast of the United States. In theory the operation could have been conducted from Bangor or Miami or anywhere in between—but not Russia, Romania, or anywhere else outside the EDT zone. Combined with Forensicator’s findings on the transfer rate, the time stamps constitute more evidence that the download was conducted locally, since delivery overheads—conversion of data into packets, addressing, sequencing times, error checks, and the like—degrade all data transfers conducted via the Internet, more or less according to the distance involved.
“It’s clear,” another forensics investigator wrote, “that metadata was deliberately altered and documents were deliberately pasted into a Russianified [W]ord document with Russian language settings and style headings.”
In addition, there is the adulteration of the documents Guccifer 2.0 posted on June 15, when he made his first appearance. This came to light when researchers penetrated what Folden calls Guccifer’s top layer of metadata and analyzed what was in the layers beneath. They found that the first five files Guccifer made public had each been run, via ordinary cut-and-paste, through a single template that effectively immersed them in what could plausibly be cast as Russian fingerprints. They were not: The Russian markings were artificially inserted prior to posting. “It’s clear,” another forensics investigator self-identified as HET, wrote in a report on this question, “that metadata was deliberately altered and documents were deliberately pasted into a Russianified [W]ord document with Russian language settings and style headings.”
To be noted in this connection: The list of the CIA’s cyber-tools WikiLeaks began to release in March and labeled Vault 7 includes one called Marble that is capable of obfuscating the origin of documents in false-flag operations and leaving markings that point to whatever the CIA wants to point to. (The tool can also “de-obfuscate” what it has obfuscated.) It is not known whether this tool was deployed in the Guccifer case, but it is there for such a use.
It is not yet clear whether documents now shown to have been leaked locally on July 5 were tainted to suggest Russian hacking in the same way the June 15 Guccifer release was. This is among several outstanding questions awaiting answers, and the forensic scientists active on the DNC case are now investigating it. In a note Adam Carter sent to Folden and McGovern last week and copied to me, he reconfirmed the corruption of the June 15 documents, while indicating that his initial work on the July 5 documents—of which much more is to be done—had not yet turned up evidence of doctoring.
In the meantime, VIPS has assembled a chronology that imposes a persuasive logic on the complex succession of events just reviewed. It is this:
On June 12 last year, Julian Assange announced that WikiLeaks had and would publish documents pertinent to Hillary Clinton’s presidential campaign.
On June 14, CrowdStrike, a cyber-security firm hired by the DNC, announced, without providing evidence, that it had found malware on DNC servers and had evidence that Russians were responsible for planting it.
On June 15, Guccifer 2.0 first appeared, took responsibility for the “hack” reported on June 14 and claimed to be a WikiLeaks source. It then posted the adulterated documents just described.
On July 5, Guccifer again claimed he had remotely hacked DNC servers, and the operation was instantly described as another intrusion attributable to Russia. Virtually no media questioned this account.
It does not require too much thought to read into this sequence. With his June 12 announcement, Assange effectively put the DNC on notice that it had a little time, probably not much, to act preemptively against the imminent publication of damaging documents. Did the DNC quickly conjure Guccifer from thin air to create a cyber-saboteur whose fingers point to Russia? There is no evidence of this one way or the other, but emphatically it is legitimate to pose the question in the context of the VIPS chronology. WikiLeaks began publishing on July 22. By that time, the case alleging Russian interference in the 2016 elections process was taking firm root. In short order Assange would be written down as a “Russian agent.”
By any balanced reckoning, the official case purporting to assign a systematic hacking effort to Russia, the events of mid-June and July 5 last year being the foundation of this case, is shabby to the point taxpayers should ask for their money back. The Intelligence Community Assessment, the supposedly definitive report featuring the “high confidence” dodge, was greeted as farcically flimsy when issued January 6. Ray McGovern calls it a disgrace to the intelligence profession. It is spotlessly free of evidence, front to back, pertaining to any events in which Russia is implicated. James Clapper, the former director of national intelligence, admitted in May that “hand-picked” analysts from three agencies (not the 17 previously reported) drafted the ICA. There is a way to understand “hand-picked” that is less obvious than meets the eye: The report was sequestered from rigorous agency-wide reviews. This is the way these people have spoken to us for the past year.
Behind the ICA lie other indefensible realities. The FBI has never examined the DNC’s computer servers—an omission that is beyond preposterous. It has instead relied on the reports produced by Crowdstrike, a firm that drips with conflicting interests well beyond the fact that it is in the DNC’s employ. Dmitri Alperovitch, its co-founder and chief technology officer, is on the record as vigorously anti-Russian. He is a senior fellow at the Atlantic Council, which suffers the same prejudice. Problems such as this are many.
“We continue to stand by our report,” CrowdStrike said, upon seeing the VIPS blueprint of the investigation. CrowdStrike argues that by July 5 all malware had been removed from the DNC’s computers. But the presence or absence of malware by that time is entirely immaterial, because the event of July 5 is proven to have been a leak and not a hack. Given that malware has nothing to do with leaks, CrowdStrike’s logic appears to be circular.
In effect, the new forensic evidence considered here lands in a vacuum. We now enter a period when an official reply should be forthcoming. What the forensic people are now producing constitutes evidence, however one may view it, and it is the first scientifically derived evidence we have into any of the events in which Russia has been implicated. The investigators deserve a response, the betrayed professionals who formed VIPS as the WMD scandal unfolded in 2003 deserve it, and so do the rest of us. The cost of duplicity has rarely been so high.
I concluded each of the interviews conducted for this column by asking for a degree of confidence in the new findings. These are careful, exacting people as a matter of professional training and standards, and I got careful, exacting replies.
All those interviewed came in between 90 percent and 100 percent certain that the forensics prove out. I have already quoted Skip Folden’s answer: impossible based on the data. “The laws of physics don’t lie,” Ray McGovern volunteered at one point. “It’s QED, theorem demonstrated,” William Binney said in response to my question. “There’s no evidence out there to get me to change my mind.” When I asked Edward Loomis, a 90 percent man, about the 10 percent he held out, he replied, “I’ve looked at the work and it shows there was no Russian hack. But I didn’t do the work. That’s the 10 percent. I’m a scientist.”
Editor’s note: In its chronology, VIPS mistakenly gave the wrong date for CrowdStrike’s announcement of its claim to have found malware on DNC servers. It said June 15, when it should have said June 14. VIPS has acknowledged the error, and we have made the correction.
Editor’s note: After publication, the Democratic National Committee contacted The Nation with a response, writing, “U.S. intelligence agencies have concluded the Russian government hacked the DNC in an attempt to interfere in the election. Any suggestion otherwise is false and is just another conspiracy theory like those pushed by Trump and his administration. It’s unfortunate that The Nation has decided to join the conspiracy theorists to push this narrative.”
Patrick LawrenceTWITTERPatrick Lawrence is a longtime columnist, essayist, critic, and lecturer, whose most recent books are Somebody Else’s Century: East and West in a Post-Western World and Time No Longer: America After the American Century. His website is patricklawrence.us.
Is, what do we do about this now? I am not inclined to just drop this and let /Clinton / Obama off?
Could anyone imagine the uproar from the Compost and Pravda and Complicit news network if a Republican President had subverted the law in this way?
http://www.nationalreview.com/corner/451053/not-comeys-decision-exonerate-hillary-obamas-decision
Is, what do we do about this now? I am not inclined to just drop this and let /Clinton / Obama off?
Could anyone imagine the uproar from the Compost and Pravda and Complicit news network if a Republican President had subverted the law in this way?
http://www.nationalreview.com/corner/451053/not-comeys-decision-exonerate-hillary-obamas-decision
Right and we all knew it when it happened. If words mean anything, Comey was the lead investigator at best, not the prosecutor by any stretch. When the AG recused, shouldn't that responsibility go up the chain, maybe downward, not sideways?
http://www.washingtontimes.com/news/2017/sep/18/paul-manafort-wiretapped-during-trump-campaign/?mkt_tok=eyJpIjoiTUdRNE5qWmlZamd4T0RRdyIsInQiOiJkd2JuOFdOeGJjZ3JhRGpvTW1aek84YUZ2VVhhQlNlTmJlOW8xTVwvN20zMUdMdWVlTlhKNXJtdEN5VlR5NW1xM05QdVhCOGoydytZUFhRN090Y2RhVDY2eXA1dEd2QUFZQkg1ZHNLaHdKZ2hSSHF4eWRWWExpSWRIbVgweXYwQVEifQ%3D%3D
http://www.cnn.com/2017/09/26/politics/special-counsel-irs-russia-probe-information-sharing/
who was the Republican ?
Bush campaign?
https://pjmedia.com/news-and-politics/rick-gates-campaign-aide-indicted-along-manafort/
what is truly amazing there is nothing here that cannot be said of Clinton, Podesta, and Schultz and one or more of the lawyers
Nothing !
http://www.nationalreview.com/article/454543/mueller-investigation-too-many-anti-trump-coincidences
https://www.theatlantic.com/magazine/archive/2018/01/putins-game/546548/
https://www.grassley.senate.gov/news/news-releases/senators-grassley-graham-refer-christopher-steele-criminal-investigation
Haven't had a chance to give this a proper read. Not familiar with the source-- is this all it thinks it is?
https://theconservativetreehouse.com/2018/01/05/operation-condor-how-nsa-director-mike-rogers-saved-the-u-s-from-a-massive-constitutional-crisis/
why should Trump walk through a mine field ? He should refuse though he could be called in front of grand jury and made to testify?
Although there is still no evidence of wrong doing
https://www.theguardian.com/us-news/2018/jan/30/trump-russia-collusion-fbi-cody-shearer-memo
https://apps.washingtonpost.com/g/documents/national/read-the-gop-memo/2746/
A useful guide and set of questions for reading the memo:
https://www.wsj.com/articles/memo-reading-for-nonpartisans-1517530297?shareToken=st2970f114d2f540e48731de9fa29f34e8&reflink=article_email_share
A historical day, as most tragedies are. The FBI needs to be dissolved and lots of people need to go to prison.
https://pjmedia.com/spengler/trump-triumphs-release-house-intel-memo/
Read it all.
"Their [Democrats] latest meme is "cherry picking." The memo was cherry-picked and therefore to be ignored. That's like saying a murderer who has a clean driving record and is a good cook is not a murderer."
https://pjmedia.com/rogerlsimon/democrats-lie-baldly-memo/
...this jumped out at me:
"How did they know all about Flynn before they questioned him if the campaign and administration wasn't being spied on by our own agencies?"
Ummm, because, as we most certainly should, we were listening in on the Russians?
If I have this right, it is more than a little feeble of this article to proffer such BS.
third post
Damn McCarthy is good!
http://www.nationalreview.com/article/456093/jerrold-nadler-memo-rebuttal-weak-unpersuasive
https://townhall.com/tipsheet/katiepavlich/2017/11/02/hillary-that-dirty-russian-dossier-on-trump-that-we-paid-for-was-just-opposition-research-n2403961
https://www.washingtontimes.com/news/2017/dec/21/barack-obama-used-classified-intelligence-leaks-po/?utm_source=FB-ARB&utm_medium=cpc&utm_campaign=TWT_Chacka_Breaking%20News&utm_content=144117374&utm_term=144117374
Papadoulas story came from Brits not the Aussies? Isn't Steele Brit?
"In other words, the FBI investigation didn’t start when the Australians, according to the Times—or the Brits, according to Brennan’s most recent version of the story—contacted the FBI after the Papadopoulos-Downer meeting. No, it started when the director of the CIA decided to start an investigation, when Brennan passed on information and intelligence to the FBI, and signaled that the bureau better act on it."
http://www.tabletmag.com/jewish-news-and-politics/255020/how-cia-director-john-brennan-targeted-james-comey
A friend writes:
"Mueller indictment, 2 of the Russians were able to enter U.S. on travel visas which they received after applying for them through the State Dept in 2014. From June 4, 2014 – June 26, 2014 they traveled around the US. Who was head of the FBI & State Dept at this time again?"
IIRC there are a number of queer Hillary grants of visas-- anyone remember what they were?
For example:
https://www.westernjournal.com/dick-morris-humas-influence-hillary-let-islamic-scholar-now-charged-with-rape-into-the-us/?utm_source=email&utm_medium=deepsix&utm_content=2018-02-16&utm_campaign=can
https://www.washingtontimes.com/news/2018/feb/9/john-kerry-associate-played-middleman-hillary-agen/?utm_source=FB-ARB&utm_medium=cpc&utm_campaign=Chacka_CL:TWT_FR:Traffic_D:180207_CP:Breaking%20News%202018&utm_content=145173138&utm_term=145173138
http://www.msn.com/en-us/news/politics/manafort-associate-had-russian-intelligence-ties-during-2016-campaign-prosecutors-say/ar-BBKNKXj?li=BBnb7Kz&ocid=DELLDHP
Do you have any experience with that site?
This is NOT good!
https://www.nytimes.com/2018/04/09/us/politics/trump-mueller-ukraine-victor-pinchuk.html?emc=edit_na_20180409&nl=breaking-news&nlid=49641193ing-news&ref=cta
"I think they lost the country with their jack booted thug tactics."
I doubt it. The Left is cheering them.
The MSM is having fun and ratings with this.
The academics enjoy this. Even many of the Repubs are happy it seems.
...
everything Comey and now his wife say is to expultate themselves with the Left.
no mention of how he *corruptly* lets Hillary off the hook from crimes she committed by his present book tour by him, his wife, or the MSM :
http://www.breitbart.com/video/2018/04/15/comey-wife-wanted-woman-president-really-badly-supported-hillary-clinton/
he is corrupt he was obviously in cahoots with Lynch and Obama to let Hillary off. End of story
I am not sure how he can possibly negotiate this when Mueller et al thinks REMOVING Trump by any means if "for the good of the country" but nonetheless:
http://www.breitbart.com/big-government/2018/04/19/rudy-giuliani-joins-trump-legal-team-i-have-high-regard-for-the-president-and-for-bob-mueller/
a) FWIW my sense of things is that the leak was by Team Trump;
b) IMHO once again Trump undercuts his own credibility;
IF one believes the theory of "six degrees " of separation of the world's population
then by 2019 Mueller should be interviewing me and everyone on this board
Those on Huffpost will be spared.
https://www.nationalreview.com/2018/05/strzok-page-texts-trump-russia-investigation-origins/
https://www.nytimes.com/2018/05/16/us/politics/crossfire-hurricane-trump-russia-fbi-mueller-investigation.html?nl=top-stories&nlid=49641193ries&ref=cta
Code Name Crossfire Hurricane: The Top Secret Origins of the F.B.I.’s Trump Investigation
Days after the F.B.I. closed its investigation into Hillary Clinton in 2016, agents began scrutinizing the presidential campaign of her Republican rival, Donald J. Trump.CreditAl Drago for The New York Times
By Matt Apuzzo, Adam Goldman and Nicholas Fandos
May 16, 2018
WASHINGTON — Within hours of opening an investigation into the Trump campaign’s ties to Russia in the summer of 2016, the F.B.I. dispatched a pair of agents to London on a mission so secretive that all but a handful of officials were kept in the dark.
Their assignment, which has not been previously reported, was to meet the Australian ambassador, who had evidence that one of Donald J. Trump’s advisers knew in advance about Russian election meddling. After tense deliberations between Washington and Canberra, top Australian officials broke with diplomatic protocol and allowed the ambassador, Alexander Downer, to sit for an F.B.I. interview to describe his meeting with the campaign adviser, George Papadopoulos.
The agents summarized their highly unusual interview and sent word to Washington on Aug. 2, 2016, two days after the investigation was opened. Their report helped provide the foundation for a case that, a year ago Thursday, became the special counsel investigation. But at the time, a small group of F.B.I. officials knew it by its code name: Crossfire Hurricane.
The name, a reference to the Rolling Stones lyric “I was born in a crossfire hurricane,” was an apt prediction of a political storm that continues to tear shingles off the bureau. Days after they closed their investigation into Hillary Clinton’s use of a private email server, agents began scrutinizing the campaign of her Republican rival. The two cases have become inextricably linked in one of the most consequential periods in the history of the F.B.I.
This month, the Justice Department inspector general is expected to release the findings of its lengthy review of the F.B.I.’s conduct in the Clinton case. The results are certain to renew debate over decisions by the F.B.I. director at the time, James B. Comey, to publicly chastise Mrs. Clinton in a news conference, and then announce the reopening of the investigation days before Election Day. Mrs. Clinton has said those actions buried her presidential hopes.
Those decisions stand in contrast to the F.B.I.’s handling of Crossfire Hurricane. Not only did agents in that case fall back to their typical policy of silence, but interviews with a dozen current and former government officials and a review of documents show that the F.B.I. was even more circumspect in that case than has been previously known. Many of the officials spoke on condition of anonymity because they were not authorized to discuss the investigation publicly.
Agents considered, then rejected, interviewing key Trump associates, which might have sped up the investigation but risked revealing the existence of the case. Top officials quickly became convinced that they would not solve the case before Election Day, which made them only more hesitant to act. When agents did take bold investigative steps, like interviewing the ambassador, they were shrouded in secrecy.
Fearful of leaks, they kept details from political appointees across the street at the Justice Department. Peter Strzok, a senior F.B.I. agent, explained in a text that Justice Department officials would find it too “tasty” to resist sharing. “I’m not worried about our side,” he wrote.
Only about five Justice Department officials knew the full scope of the case, officials said, not the dozen or more who might normally be briefed on a major national security case.
The facts, had they surfaced, might have devastated the Trump campaign: Mr. Trump’s future national security adviser was under investigation, as was his campaign chairman. One adviser appeared to have Russian intelligence contacts. Another was suspected of being a Russian agent himself.
In the Clinton case, Mr. Comey has said he erred on the side of transparency. But in the face of questions from Congress about the Trump campaign, the F.B.I. declined to tip its hand. And when The New York Times tried to assess the state of the investigation in October 2016, law enforcement officials cautioned against drawing any conclusions, resulting in a story that significantly played down the case.
Mr. Comey has said it is unfair to compare the Clinton case, which was winding down in the summer of 2016, with the Russia case, which was in its earliest stages. He said he did not make political considerations about who would benefit from each decision.
But underpinning both cases was one political calculation: that Mrs. Clinton would win and Mr. Trump would lose. Agents feared being seen as withholding information or going too easy on her. And they worried that any overt actions against Mr. Trump’s campaign would only reinforce his claims that the election was being rigged against him.
The F.B.I. now faces those very criticisms and more. Mr. Trump says he is the victim of a politicized F.B.I. He says senior agents tried to rig the election by declining to prosecute Mrs. Clinton, then drummed up the Russia investigation to undermine his presidency. He has declared that a deeply rooted cabal — including his own appointees — is working against him.
That argument is the heart of Mr. Trump’s grievances with the federal investigation. In the face of bipartisan support for the special counsel, Robert S. Mueller III, Mr. Trump and his allies have made a priority of questioning how the investigation was conducted in late 2016 and trying to discredit it.
“It’s a witch hunt,” Mr. Trump said last month on Fox News. “And they know that, and I’ve been able to message it.”
Congressional Republicans, led by Representative Devin Nunes of California, have begun to dig into F.B.I. files, looking for evidence that could undermine the investigation. Much remains unknown and classified. But those who saw the investigation up close, and many of those who have reviewed case files in the past year, say that far from gunning for Mr. Trump, the F.B.I. could actually have done more in the final months of 2016 to scrutinize his campaign’s Russia ties.
“I never saw anything that resembled a witch hunt or suggested that the bureau’s approach to the investigation was politically driven,” said Mary McCord, a 20-year Justice Department veteran and the top national security prosecutor during much of the investigation’s first nine months.
Crossfire Hurricane spawned a case that has brought charges against former Trump campaign officials and more than a dozen Russians. But in the final months of 2016, agents faced great uncertainty — about the facts, and how to respond.
Anxiety at the Bureau
Crossfire Hurricane began exactly 100 days before the presidential election, but if agents were eager to investigate Mr. Trump’s campaign, as the president has suggested, the messages do not reveal it. “I cannot believe we are seriously looking at these allegations and the pervasive connections,” Mr. Strzok wrote soon after returning from London.
The mood in early meetings was anxious, former officials recalled. Agents had just closed the Clinton investigation, and they braced for months of Republican-led hearings over why she was not charged. Crossfire Hurricane was built around the same core of agents and analysts who had investigated Mrs. Clinton. None was eager to re-enter presidential politics, former officials said, especially when agents did not know what would come of the Australian information.
The question they confronted still persists: Was anyone in the Trump campaign tied to Russian efforts to undermine the election?
The F.B.I. investigated four unidentified Trump campaign aides in those early months, congressional investigators revealed in February. The four men were Michael T. Flynn, Paul Manafort, Carter Page and Mr. Papadopoulos, current and former officials said. Each was scrutinized because of his obvious or suspected Russian ties.
[Here are the key themes, dates and characters in the Russia investigation]
Mr. Flynn, a top adviser, was paid $45,000 by the Russian government’s media arm for a 2015 speech and dined at the arm of the Russian president, Vladimir V. Putin. Mr. Manafort, the campaign chairman, had lobbied for pro-Russia interests in Ukraine and worked with an associate who has been identified as having connections to Russian intelligence.
Mr. Page, a foreign policy adviser, was well known to the F.B.I. He had previously been recruited by Russian spies and was suspected of meeting one in Moscow during the campaign.
Lastly, there was Mr. Papadopoulos, the young and inexperienced campaign aide whose wine-fueled conversation with the Australian ambassador set off the investigation. Before hacked Democratic emails appeared online, he had seemed to know that Russia had political dirt on Mrs. Clinton. But even if the F.B.I. had wanted to read his emails or intercept his calls, that evidence was not enough to allow it. Many months passed, former officials said, before the F.B.I. uncovered emails linking Mr. Papadopoulos to a Russian intelligence operation.
Mr. Trump was not under investigation, but his actions perplexed the agents. Days after the stolen Democratic emails became public, he called on Russia to uncover more. Then news broke that Mr. Trump’s campaign had pushed to change the Republican platform’s stance on Ukraine in ways favorable to Russia.
The F.B.I.’s thinking crystallized by mid-August, after the C.I.A. director at the time, John O. Brennan, shared intelligence with Mr. Comey showing that the Russian government was behind an attack on the 2016 presidential election. Intelligence agencies began collaborating to investigate that operation. The Crossfire Hurricane team was part of that group but largely operated independently, three officials said.
Senator Marco Rubio, Republican of Florida, said that after studying the investigation as a member the Senate Intelligence Committee, he saw no evidence of political motivation in the opening of the investigation.
“There was a growing body of evidence that a foreign government was attempting to interfere in both the process and the debate surrounding our elections, and their job is to investigate counterintelligence,” he said in an interview. “That’s
Abounding Criticism
Looking back, some inside the F.B.I. and the Justice Department say that Mr. Comey should have seen the political storm coming and better sheltered the bureau. They question why he consolidated the Clinton and Trump investigations at headquarters, rather than in a field office. And they say he should not have relied on the same team for both cases. That put a bull’s-eye on the heart of the F.B.I. Any misstep in either investigation made both cases, and the entire bureau, vulnerable to criticism.
And there were missteps. Andrew G. McCabe, the former deputy F.B.I. director, was cited by internal investigators for dishonesty about his conversations with reporters about Mrs. Clinton. That gave ammunition for Mr. Trump’s claims that the F.B.I. cannot be trusted. And Mr. Strzok and Lisa Page, an F.B.I. lawyer, exchanged texts criticizing Mr. Trump, allowing the president to point to evidence of bias when they became public.
The messages were unsparing. They questioned Mr. Trump’s intelligence, believed he promoted intolerance and feared he would damage the bureau.
The inspector general’s upcoming report is expected to criticize those messages for giving the appearance of bias. It is not clear, however, whether inspectors found evidence supporting Mr. Trump’s assertion that agents tried to protect Mrs. Clinton, a claim the F.B.I. has adamantly denied.
Mr. Rubio, who has reviewed many of the texts and case files, said he saw no signs that the F.B.I. wanted to undermine Mr. Trump. “There might have been individual agents that had views that, in hindsight, have been problematic for those agents,” Mr. Rubio said. “But whether that was a systemic effort, I’ve seen no evidence of it.”
Mr. Trump’s daily Twitter posts, though, offer sound-bite-sized accusations — witch hunt, hoax, deep state, rigged system — that fan the flames of conspiracy. Capitol Hill allies reliably echo those comments.
“It’s like the deep state all got together to try to orchestrate a palace coup,” Representative Matt Gaetz, Republican of Florida, said in January on Fox Business Network.
Cautious Intelligence Gathering
Counterintelligence investigations can take years, but if the Russian government had influence over the Trump campaign, the F.B.I. wanted to know quickly. One option was the most direct: interview the campaign officials about their Russian contacts.
That was discussed but not acted on, two former officials said, because interviewing witnesses or subpoenaing documents might thrust the investigation into public view, exactly what F.B.I. officials were trying to avoid during the heat of the presidential race.
“You do not take actions that will unnecessarily impact an election,” Sally Q. Yates, the former deputy attorney general, said in an interview. She would not discuss details, but added, “Folks were very careful to make sure that actions that were being taken in connection with that investigation did not become public.”
Mr. Comey was briefed regularly on the Russia investigation, but one official said those briefings focused mostly on hacking and election interference. The Crossfire Hurricane team did not present many crucial decisions for Mr. Comey to make. Top officials became convinced that there was almost no chance they would answer the question of collusion before Election Day. And that made agents even more cautious.
The F.B.I. obtained phone records and other documents using national security letters — a secret type of subpoena — officials said. And at least one government informant met several times with Mr. Page and Mr. Papadopoulos, current and former officials said. That has become a politically contentious point, with Mr. Trump’s allies questioning whether the F.B.I. was spying on the Trump campaign or trying to entrap campaign officials.
Looking back, some at the Justice Department and the F.B.I. now believe that agents could have been more aggressive. They ultimately interviewed Mr. Papadopoulos in January 2017 and managed to keep it a secret, suggesting they could have done so much earlier.
“There is always a high degree of caution before taking overt steps in a counterintelligence investigation,” said Ms. McCord, who would not discuss details of the case. “And that could have worked to the president’s benefit here.”
Such tactical discussions are reflected in one of Mr. Strzok’s most controversial texts, sent on Aug. 15, 2016, after a meeting in Mr. McCabe’s office.
“I want to believe the path you threw out for consideration in Andy’s office — that there’s no way he gets elected,” Mr. Strzok wrote, “but I’m afraid we can’t take that risk. It’s like an insurance policy in the unlikely event you die before you’re 40.”
Mr. Trump says that message revealed a secret F.B.I. plan to respond to his election. “‘We’ll go to Phase 2 and we’ll get this guy out of office,’” he told The Wall Street Journal. “This is the F.B.I. we’re talking about — that is treason.”
But officials have told the inspector general something quite different. They said Ms. Page and others advocated a slower, circumspect pace, especially because polls predicted Mr. Trump’s defeat. They said that anything the F.B.I. did publicly would only give fodder to Mr. Trump’s claims on the campaign trail that the election was rigged.
Mr. Strzok countered that even if Mr. Trump’s chances of victory were low — like dying before 40 — the stakes were too high to justify inaction.
Mr. Strzok had similarly argued for a more aggressive path during the Clinton investigation, according to four current and former officials. He opposed the Justice Department’s decision to offer Mrs. Clinton’s lawyers immunity and negotiate access to her hard drives, the officials said. Mr. Strzok favored using search warrants or subpoenas instead.
In both cases, his argument lost.
Policy and Tradition
The F.B.I. bureaucracy did agents no favors. In July, a retired British spy named Christopher Steele approached a friend in the F.B.I. overseas and provided reports linking Trump campaign officials to Russia. But the documents meandered around the F.B.I. organizational chart, former officials said. Only in mid-September, congressional investigators say, did the records reach the Crossfire Hurricane team.
Mr. Steele was gathering information about Mr. Trump as a private investigator for Fusion GPS, a firm paid by Democrats. But he was also considered highly credible, having helped agents unravel complicated cases.
In October, agents flew to Europe to interview him. But Mr. Steele had become frustrated by the F.B.I.’s slow response. He began sharing his findings in September and October with journalists at The New York Times, The Washington Post, The New Yorker and elsewhere, according to congressional testimony.
So as agents tried to corroborate Mr. Steele’s information, reporters began calling the bureau, asking about his findings. If the F.B.I. was working against Mr. Trump, as he asserts, this was an opportunity to push embarrassing information into the news media shortly before the election.
That did not happen. News organizations did not publish Mr. Steele’s reports or reveal the F.B.I.’s interest in them until after Election Day.
Congress was also increasingly asking questions. Mr. Brennan, the C.I.A. director, had briefed top lawmakers that summer about Russian election interference and intelligence that Moscow supported the Trump campaign — a finding that would not become public for months. Lawmakers clamored for information from Mr. Comey, who refused to answer public questions.
Many Democrats see rueful irony in this moment. Mr. Comey, after all, broke with policy and twice publicly discussed the Clinton investigation. Yet he refused repeated requests to discuss the Trump investigation. Mr. Comey has said he regrets his decision to chastise Mrs. Clinton as “extremely careless,” even as he announced that she should not be charged. But he stands by his decision to alert Congress, days before the election, that the F.B.I. was reopening the Clinton inquiry.
The result, though, is that Mr. Comey broke with both policy and tradition in Mrs. Clinton’s case, but hewed closely to the rules for Mr. Trump. Representative Adam B. Schiff of California, the top Democrat on the House Intelligence Committee, said that alone proves Mr. Trump’s claims of unfairness to be “both deeply at odds with the facts, and damaging to our democracy.”
Spying in Question
Crossfire Hurricane began with a focus on four campaign officials. But by mid-fall 2016, Mr. Page’s inquiry had progressed the furthest. Agents had known Mr. Page for years. Russian spies tried to recruit him in 2013, and he was dismissive when agents warned him about it, a half-dozen current and former officials said. That warning even made its way back to Russian intelligence, leaving agents suspecting that Mr. Page had reported their efforts to Moscow.
Relying on F.B.I. information and Mr. Steele’s, prosecutors obtained court approval to eavesdrop on Mr. Page, who was no longer with the Trump campaign.
That warrant has become deeply contentious and is crucial to Republican arguments that intelligence agencies improperly used Democratic research to help justify spying on the Trump campaign. The inspector general is reviewing that claim.
Ms. Yates, the deputy attorney general under President Barack Obama, signed the first warrant application. But subsequent filings were approved by members of Mr. Trump’s own administration: the acting attorney general, Dana J. Boente, and then Rod J. Rosenstein, the deputy attorney general.
“Folks are very, very careful and serious about that process,” Ms. Yates said. “I don’t know of anything that gives me any concerns.”
After months of investigation, Mr. Papadopoulos remained largely a puzzle. And agents were nearly ready to close their investigation of Mr. Flynn, according to three current and former officials. (Mr. Flynn rekindled the F.B.I.’s interest in November 2016 by signing an op-ed article that appeared to be written on behalf of the Turkish government, and then making phone calls to the Russian ambassador that December.)
In late October, in response to questions from The Times, law enforcement officials acknowledged the investigation but urged restraint. They said they had scrutinized some of Mr. Trump’s advisers but had found no proof of any involvement with Russian hacking. The resulting article, on Oct. 31, reflected that caution and said that agents had uncovered no “conclusive or direct link between Mr. Trump and the Russian government.”
The key fact of the article — that the F.B.I. had opened a broad investigation into possible links between the Russian government and the Trump campaign — was published in the 10th paragraph.
A year and a half later, no public evidence has surfaced connecting Mr. Trump’s advisers to the hacking or linking Mr. Trump himself to the Russian government’s disruptive efforts. But the article’s tone and headline — “Investigating Donald Trump, F.B.I. Sees No Clear Link to Russia” — gave an air of finality to an investigation that was just beginning. Democrats say that article pre-emptively exonerated Mr. Trump, dousing chances to raise questions about the campaign’s Russian ties before Election Day.
Just as the F.B.I. has been criticized for its handling of the Trump investigation, so too has The Times.
For Mr. Steele, it dashed his confidence in American law enforcement. “He didn’t know what was happening inside the F.B.I.,” Glenn R. Simpson, the founder of Fusion GPS, testified this year. “And there was a concern that the F.B.I. was being manipulated for political ends by the Trump people.”
Assurances Amid Doubt
Two weeks before Mr. Trump’s inauguration, senior American intelligence officials briefed him at Trump Tower in Manhattan on Russian hacking and deception. They reported that Mr. Putin had tried to sow chaos in the election, undermine Mrs. Clinton and ultimately help Mr. Trump win.
Then Mr. Comey met with Mr. Trump privately, revealing the Steele reports and warning that journalists had obtained them. Mr. Comey has said he feared making this conversation a “J. Edgar Hoover-type situation,” with the F.B.I. presenting embarrassing information to lord over a president-elect.
In a contemporaneous memo, Mr. Comey wrote that he assured Mr. Trump that the F.B.I. intended to protect him on this point. “I said media like CNN had them and were looking for a news hook,” Mr. Comey wrote of Mr. Steele’s documents. “I said it was important that we not give them the excuse to write that the F.B.I. had the material.”
Mr. Trump was not convinced — either by the Russia briefing or by Mr. Comey’s assurances. He made up his mind before Mr. Comey even walked in the door. Hours earlier, Mr. Trump told The Times that stories about Russian election interference were being pushed by his adversaries to distract from his victory.
And he debuted what would quickly become a favorite phrase: “This is a political witch hunt.”
Reporting was contributed by Michael S. Schmidt, Sharon LaFraniere, Mark Mazzetti and Matthew Rosenberg.
Follow Adam Goldman and Nicholas Fandos Twitter: @adamgoldmanNYT and @npfandos.
http://thehill.com/policy/cybersecurity/387967-senate-panel-agrees-with-intel-assessment-on-russian-interference?userid=188403
Third post
https://www.nytimes.com/2018/05/18/us/politics/trump-fbi-informant-russia-investigation.html?emc=edit_na_20180518&nl=breaking-news&nlid=49641193ing-news&ref=cta
Ok Trump et al wanted to collude with the Russians .
My question is when and by how much is collusion with any foreigner become an issue?
One we know that the collusion was to get TRUE And FACTUAL "dirt" on Hillary . Wikileaks had emails that exposed real corruption from Hillary , her campaign, some of her lawyers , Obama (who knew she had her own server ) and the rest.
So should Trump have ignored that ?
What about team Hillary financing Brits to find dirt on Trump and using that though NONE of it confirmed?
Why is one perfectly "normal " opposition research and the other a collusion?
Does anyone for a single second think the Dems would not have used any real factual corruption on any Republican ever?
Give me an example Mr Goldberg.
This is after Comey and other officials, DOJ and Obama refused to enforce the law against Hillary who should behind bars not running for Prresident.
Is there no mention of Comey and Lynches handling of letting off the hook scot free?
This is after Comey and other officials, DOJ and Obama refused to enforce the law against Hillary who should behind bars not running for Prresident.
Is there no mention of Comey and Lynches handling of letting off the hook scot free?
Epic corruption in the DOJ/FBI being exposed and this is their spin.
Amazing.
https://pjmedia.com/rogerlsimon/christopher-wray-not-the-man-to-proudly-fix-the-fbi/
Caddell has impressed me more than once on FOX as a man of intellectual integrity.
answers the question I posed in previous post:
*****For example, they need to be jailing perps such as Strzok, Page, Comey, Lerner, Koskinen, McCabe, et.al. Otherwise, the left pays no price for their thuggishness and denial of reality. They will retain their power to maliciously ruin the lives of their political opponents, and retain control for the left at the federal level, no matter what the citizenry wants."
exactly.
however we have always seen the LEFT's people come to to the Congress , virtually and for all practical purposes , spit in their faces. and mock the proceeding and viola - end of story.
Have there EVER been real consequences. Can Congress do anything ? I don't know.
we need a jury trial with 12 objective Martians who will call it like it is . Not a DC jury that is out to gt the Right *****
Not clear is why the consummate fighter , Trump , is not ordering documents be turned over. He is afraid of being labelled as obstructing justice? Is as Andrew wonders he hiding something?
Rick:
Good to see you here!
Flesh this out for me please:
"3. Wikileaks and Julian Assange were very likely acting in concert with the Russians. Wikileaks may claim being an unwitting here. I have my doubts."
Marc
Argues that FISA warrant application made reasonable/sufficient notice of political motivation behind Steele dossier.
https://www.lawfareblog.com/what-make-carter-page-fisa-applications
*******Ranking Member of the Senate Judiciary Committee*******
Assumed office
January 3, 2017
*******Vice Chair of the Senate Intelligence Committee********
In office
January 3, 2015 – January 3, 2017
*******Chair of the Senate Intelligence Committee**********
In office
January 3, 2009 – January 3, 2015
HAD CHINESE SPY DRIVE HER AROUND FOR 20 YRS.: UNTIL ABOUT 5 YRS AGO. (while she was chair of senate [un]intelligent committee)
ALAS SHE FIRED HIM:
http://thefederalist.com/2018/08/03/sen-dianne-feinsteins-personal-driver-20-years-chinese-spy/
https://spectator.org/who-hired-stefan-halper/
It is imperative that repubs win the House Nov MORE then ever.
https://www.conservativereview.com/news/levin-on-cohen-guilty-plea-donald-trumps-in-the-clear/
https://www.americanthinker.com/blog/2018/08/was_the_strange_language_in_michael_cohens_guilty_plea_a_setup.html
Just a note in time that Mueller missed the unofficial 60-day deadline of releasing a damaging report in the days coming in to an election. If he had clear and convincing evidence from the beginning that Trump committed treason by colluding illegally with the enemy, wouldn't that have come out by now?
https://thehill.com/hilltv/rising/409817-russia-collusion-bombshell-dnc-lawyers-met-with-fbi-on-dossier-before
https://www.theblaze.com/news/watch-former-federal-prosecutor-explains-why-trump-will-be-indicted-eventually?utm_content=buffer181cf&utm_medium=social&utm_source=facebook.com&utm_campaign=theblaze
https://www.washingtonexaminer.com/news/memo-fbi-recommended-michael-flynn-not-have-lawyer-present-during-interview-did-not-warn-of-false-statement-consequences
since we don't have 90 + the media on our side nothing will become of this and the LEfT will go on their merry ways:
https://www.conservativereview.com/news/obstruction-mueller-probe-wiped-strzok-phone-before-giving-it-to-investigators/
since we don't have 90 + the media on our side nothing will become of this and the LEfT will go on their merry ways:
https://www.conservativereview.com/news/obstruction-mueller-probe-wiped-strzok-phone-before-giving-it-to-investigators/
Unbelievable. $40 million budget and they are re-using phones that are known to contain sensitive information. This happened during the unaccountable Mueller investigation. HE should be fired. They can't investigate their own crime ring. All his top people have been discredited plus Comey that referred him and Rosenstein who hired him. If he ever got at the truth, how would we know?
Even with media 93% against Trump and not reporting important facts and stories it is amazing that the average independent voter isn't appalled over what has happened in Investigationgate.
https://theweek.com/articles/813343/mueller-delusion
We've not mentioned it here, nor have I seen it mentioned much in our usual news sources, but am I wrong in thinking that Trump having signed a letter of intent for a hotel deal in Russia pretty much nails him in a lie when he said he had nothing going on in Russia?
https://thehill.com/homenews/administration/423958-five-things-to-know-about-the-trump-tower-moscow-proposal?userid=188403
https://www.nationalreview.com/news/paul-manafort-shared-trump-campaign-polling-data-with-russian-associate-prosecutors-claim/
Doug:
The significance that I see is that yet again Manafort enables Mueller to blow smoke.
Rumint says that the solitary confinement thing is really getting to him , , ,
https://www.nationalreview.com/2019/01/the-fbis-counterintelligence-investigation-of-trump-was-prudent-and-proper/?utm_source=Sailthru&utm_medium=email&utm_campaign=NR%20Daily%20Monday%20through%20Friday%202019-01-15&utm_term=NRDaily-Smart
any evidence other than from a rat who has gun held to his head?
https://www.buzzfeednews.com/article/jasonleopold/trump-russia-cohen-moscow-tower-mueller-investigation
buzz feed BS
https://townhall.com/tipsheet/mattvespa/2019/01/18/shocker-reporter-who-co-wrote-bombshell-story-about-trump-directing-cohen-to-l-n2539285
no collusion no crime by Trump:
https://www.yahoo.com/news/roger-stone-apos-not-guilty-203253756.html
New AG needs to put time limit on MUUUler ? and Winesteen. Put up or shut up already.
How come it's OK for Obama to fire Flynn for not being loyal to Obama's policies; but it is not OK for Trump to fire Comey for refusing to say that he will be loyal to Trump's policies?
The FBI works for the President. It is not an autonomous directorate. Or do some want another Hooveristic bureau if it acts that way to further their political goals?
Dershowitz
http://www.youtube.com/watch?v=O7WnauFiafY (http://www.youtube.com/watch?v=O7WnauFiafY)
https://www.westernjournal.com/limbaugh-fbi-tried-plant-russia-linked-informants-trump-campaign-prove-collusion/?utm_source=facebook&utm_medium=thenewvoice&fbclid=IwAR3Hep7Pd5DeT4vLwx_iRLVPrMBGRfQA-FCXagSji-uTnpNMdMg00tGm4ks
I suspect the counter argument will be that there was good reason to suspect Trump and given the potential risks to our country of having a compromised president, certain measures were necessary blah blah.
https://www.azcentral.com/story/opinion/op-ed/ej-montini/2019/04/26/andrew-napolitano-mueller-report-donald-trump-william-barr/3585006002/?fbclid=IwAR0KPRiRiL0HIyL9MZMMjapJBnKz7JzogPxq5gYIqqQk1bNiTy5dazvbs9s
https://www.thenation.com/article/russiagate-trump-mueller-report-no-collusion/
https://amgreatness.com/2019/04/29/why-are-clapper-and-brennan-not-in-jail/?fbclid=IwAR2qX3x_mPIW4GyXWNKydQZgAv3V6Nvnx9IX5lRVuCrgCPmGcFjqrvGoZSA
Second post
https://themarketswork.com/2018/01/10/an-american-hero-the-death-of-a-fisa-narrative/?fbclid=IwAR2bJxFfjAFxXf2jFFR0BUqOX4VnikEOd5xscz9559lDt5jMbv-6CqxVji8
:-o :-o :-o
Check this out!
https://humanevents.com/2019/05/01/checkmate/?fbclid=IwAR1Tncz8Ak3Y94I_hj_c_pZkF3_2VjGhe69zGljb5rPWOWBP-H4nC4kur28
https://thehill.com/opinion/white-house/441892-ukrainian-embassy-confirms-dnc-contractor-solicited-trump-dirt-in-2016?fbclid=IwAR2pVBd5lVv0RW5e_EgUmPuBAPIdbCZQeH-TxtYevlzQa0krZ3_eP80zP0U
I could not disagree more with this guy:
https://www.nationalreview.com/2019/05/senate-intelligence-committee-right-to-subpoena-donald-trump-jr/
Why in the world does Trump jr need to testify at a public Senate I C for?
what more could they discern that an entire group of anti Trump lawyers working for a special prosecutor with unlimited power who spent nearly 2 yrs trying to connect any dots that they could even dream about could not come up with?
What does he mean their "Constitutional duty" to do this??
(to be partisan?)
Why are not our intelligence agencies working to protect us from foreign influence.
Why do they not call Hillary Clinton in?
How about Biden's kid?
How about as Mark Levin points out , Pelosi and her family who seem to continue enriching themselves while she is Speaker with all sorts of deals etc......
I could go on .
I don't understand how someone who appears to be quite smart like French , has to keep making himself seem so above partisanship that he bends over backwards to agree with crazy partisan Democrats. As for Burr , why not make a lunch date with Don Jr and simply ask him some questions if he is so concerned.
This sounds more like it:
https://www.conservativereview.com/news/limbaugh-et-tu-sen-burr/
" Funny how Whitey met his end just as this began to bubble to the surface "
From Wikipedia:
"Bulger was transferred from the Federal Transfer Center in Oklahoma City to United States Penitentiary, Hazelton, in West Virginia on October 29, 2018.[22][96] At 8:20 a.m. on October 30, the 89-year-old Bulger[97] was found unresponsive in the prison. Bulger was in a wheelchair and had been beaten to death by multiple inmates armed with a sock-wrapped padlock and a shiv."
A deep state hit?
So what was the connection of the man that AG Barr just appointed to the WB case?
https://www.youtube.com/watch?v=XKunDsQuhec
https://www.foxnews.com/politics/voicemail-shows-trump-lawyer-asking-flynns-for-heads-up-during-mueller-probe?fbclid=IwAR0Q2If3HH_R6U0Rm1GoiYdHSVIVR6n_Pc3K9DRTcHvxOOB1jCaletB2NTs
Without having delved into this, I would say that the pertinent response is that this needs to be assessed in the context of the joint defense agreement and its termination.
https://www.foxnews.com/politics/voicemail-shows-trump-lawyer-asking-flynns-for-heads-up-during-mueller-probe?fbclid=IwAR0Q2If3HH_R6U0Rm1GoiYdHSVIVR6n_Pc3K9DRTcHvxOOB1jCaletB2NTs
Without having delved into this, I would say that the pertinent response is that this needs to be assessed in the context of the joint defense agreement and its termination.
:roll:
https://www.newsmax.com/newsfront/fox-news-comey-doj-prosecute/2019/08/01/id/926865/
From Shawshank Redemption :
Andy also leaves something behind at the very end with a Biblical-ish quote, “His judgment cometh, and that right soon,”
but that occurs only in the movies . :wink:
Many thought Mueller was just being forgetful, feeble , getting old or cognitively impaired
I think he knew exactly what he was doing - simply avoiding everything he could
he certainly knew well enough to say I don't know, out of my purview for every important question
As for claiming he did not know who Steele was - frankly that was simply BS.
Of course he knew who he is.
Many thought Mueller was just being forgetful, feeble , getting old or cognitively impaired
I think he knew exactly what he was doing - simply avoiding everything he could
he certainly knew well enough to say I don't know, out of my purview for every important question
As for claiming he did not know who Steele was - frankly that was simply BS.
Of course he knew who he is.
I agree. He partly didn't know what was going on but mostly he was trying for various reasons to say nothing of any new significance. They should have had his whole team on the stand.
Some of the important matters are still under investigation but its hard to appreciate that we can't know what a $25 million investigation that we paid for and waited for found.
3 more reports are coming soon, I believe:
Inspector General report on FISA abuse
https://www.foxnews.com/politics/reluctant-witnesses-in-fisa-abuse-probe-agree-to-talk-to-doj-inspector-general
US attorney Utah looking into FBI misconduct
https://www.cnn.com/2018/03/29/politics/who-is-john-huber/index.html
AG Barr investigation into previous administration handling of Clinton campaign (?)
https://nworeport.me/2019/06/02/barr-has-not-received-satisfactory-answers-bombshell-shows-clinton-being-investigated/
Maybe these will set history straight with what really happened all the way through.
In America, 8/8 means August 8.
If Nazis weren't saying Heil h#tler all the time, Alan Turing couldn't have broken the code.
Thank you Rick.
-----------------
Also this in the Flynn case:
https://thefederalist.com/2019/09/12/sidney-powells-latest-motion-michael-flynns-case-russiagate-bombshell/
On Wednesday, the previously sealed Motion to Compel filed against federal prosecutors in the Michael Flynn case was made public with only minor redactions. Just the day before, during a hearing before federal judge Emmet Sullivan, Flynn’s attorney, Sidney Powell, had highlighted some of the evidence prosecutors withheld from her defense team. Yesterday’s filing expanded exponentially on the areas of evidence Powell seeks and lays bare Powell’s bigger plan moving forward: to expose the breadth and depth of SpyGate and how flaying Flynn lay at the heart of the soft coup attempt.
In her Motion to Compel, Powell catalogued 40 categories of evidence the government has refused to turn over. She seeks a court order requiring federal prosecutors to provide the withheld evidence under Brady and its progeny. Brady and its offshoots require prosecutors to disclose material exculpatory and impeachment evidence to the defense team. And, as Judge Sullivan made clear during Tuesday’s hearing, that duty exists even though Flynn had already pleaded guilty and even though he had agreed that the government would not be required to provide him with further evidence.
They got a whole stack of bullshit to put on their front page each day as though any of it means anything.
I thought we already knew this:
https://www.msn.com/en-us/news/politics/trump-pressed-australian-leader-to-help-barr-investigate-mueller-inquirys-origins/ar-AAI4KVh
My response:
https://www.google.com/search?q=image+of+yawn&tbm=isch&source=univ&sa=X&ved=2ahUKEwjfv6HMw_nkAhXqnuAKHWipCG8QsAR6BAgHEAE&biw=1440&bih=789
just remarkable how they (MSM) the democrats are so coordinated to attempt to manipulate our thoughts.
:x
Anti-Trumper sent me this:
https://www.thedailybeast.com/heres-how-dumb-bill-barrs-great-mifsud-conspiracy-story-really-is?ref=home&fbclid=IwAR0Cf7arn5QBPyvQGEVN7qHb9MVSuEMONkji6tIs9wJy2i_32TZaBu8UtWQ
From the article https://www.theepochtimes.com/william-barr-has-suddenly-become-chatty-and-hes-provided-quite-an-information-dump_3171471.html
Below are 24 points Barr felt the need to make after the release of the Horowitz report. (All of the information is attributed to Barr.)
1. Don’t expect Durham’s findings to be announced before late spring or summer 2020.
2. The FBI did spy on the Trump campaign. That’s what electronic surveillance is.
3. Regarding the FBI’s actions in surveilling Trump campaign associates, it was a “travesty” and there were “many abuses.”
4. From “day one,” the FBI investigation generated exculpatory information (tending to point to the targets’ innocence) and nothing that corroborated Russia collusion.
5. It’s a “big deal” to use U.S. law enforcement and intelligence resources to investigate the opposing political party, and I cannot think of another recent instance in which this happened.
6. Evidence to start the FBI’s investigation into Trump associates was “flimsy” from the start and based on the idea that Trump aide George Papadopoulos expressed he may have had pre-knowledge of a Democrat National Committee computer hack. However, it was actually just an offhand barroom comment by a young campaign aide described merely as a “suggestion of a suggestion, a vague allusion” to the fact that the Russians may have something they can dump. But by that time, May 2016, there was already rampant speculation online and in political circles that the Russians had hacked Hillary Clinton’s emails in 2014 and that they might surface. So the idea that Papadopoulos’s comment showed pre-knowledge of the Democratic National Committee hack and dump “is a big stretch.”
7. It was “wrong” for the FBI to presume the Trump campaign was part of a plot. They should have gone to the campaign and discussed their suspicions.
8. The normal thing to do would be to tell the campaign that there could be attempted foreign interference. There is no legitimate explanation as to why the FBI didn’t do this. The FBI’s explanation for this was that they only do “defensive briefings” if they’re certain there’s no chance they’re tipping someone off. But this simply isn’t true, isn’t plausible, and doesn’t hold water because our intelligence officials and President Barack Obama repeatedly contacted the Russians, the guilty party, to tell them to “cut it out.”
9. If the purpose were to protect the election, you would have given the Trump campaign a defensive briefing. You could have disrupted any foreign activity in time to protect the U.S. election.
10. As to the FBI’s motive, “that’s why we have Durham.” I’m not saying the motivations were improper, but it’s premature to say they weren’t.
11. The inspector general operates differently as an internal watchdog. Horowitz’s approach is to say that if people involved give reasonable explanations for what appears to be wrongdoing, and if he can’t find documentary or testimonial evidence to the contrary, he accepts it.
12. Contrary to much reporting, Horowitz didn’t rule out improper motive; he didn’t find documentary or testimonial evidence of improper motive. Those are two different things.
13. Instead of talking to the Trump campaign, the FBI secretly “wired up” sources and had them talk to four people affiliated with the Trump campaign, in August, September, and October 2016.
14. All of the information from this surveillance came back exculpatory regarding any supposed relationship to Russia and specific facts. But the FBI didn’t inform the Foreign Intelligence Surveillance court, which approved wiretaps against former Trump campaign volunteer Carter Page four times.
15. At one point early on, the FBI didn’t have enough probable cause for a wiretap warrant, so it took the “Steele dossier” information against Trump, “which they’d done nothing to verify,” and used that to get the wiretaps.
16. The wiretaps allowed the FBI to go back and capture Page’s communications, emails, and other material from weeks, months, and even years ago.
17. Should the four FBI applications to wiretap Trump campaign aide Carter Page have ever been made, considering there were 17 critical omissions or errors by the FBI making it appear they had better evidence than they had? This is the meat of the issue, and “if you spend time to look at what happened, you’d be appalled.”
18. The FBI withheld from the court all of the exculpatory information and the lack of reliability of the main FBI source, Christopher Steele, who was being paid by the Democratic National Committee and the Hillary Clinton campaign to find evidence connecting Trump to Russia.
19. The major takeaway is that after the election in January, the FBI finally talked to one of Steele’s important sources to try to verify some of the “dossier” information and sourcing, as they’re required to do. This Steele source told the FBI he didn’t know what Steele was talking about in the dossier, and that he’d told Steele that the information he’d provided was “supposition” and “theory.” At that point, “it was clear the dossier was a sham.” Yet the FBI didn’t tell the court, and continued to get wiretaps based on the dossier.
20. Further, the FBI falsely told the court that Steele’s source had been proven reliable and truthful. In fact, what the source had told the truth about was that “the dossier was garbage.” It’s hard to look at this “and not think it was gross abuse.”
21. Were the four Foreign Intelligence Surveillance Act judges who approved the four wiretaps against Trump associate Carter Page badly misled by the FBI? Yes.
22. Are people going to be held accountable, including at the very top of our intelligence agencies and FBI? Well, they’re all gone.
23. The whole Russia collusion hype was a “bogus narrative hyped by an irresponsible press” that proved entirely false in the end.
Are former FBI Director James Comey and former FBI official Andy McCabe and others implicated in the Durham investigation? I think there was a failure of leadership in that group. Quoting the inspector general, the explanations he received “were not satisfactory. You can draw your own conclusions.”
24. Why haven’t we already thrown people in prison? “These things take time.” The government has to have proof beyond a reasonable doubt before we indict; it’s a substantial hurdle. Nobody is going to be indicted and go to jail unless that standard is met.
https://www.realclearpolitics.com/articles/2019/12/17/the_blues_at_st_james_comeys_infirmary_141977.html
https://www.nationalreview.com/news/barr-simply-not-true-comey-was-hands-off-during-crossfire-hurricane-investigation/
https://thefederalist.com/2020/01/02/exclusive-the-inspector-general-missed-yet-another-lie-from-the-fbi/?utm_source=The+Federalist+List&utm_campaign=4e1da25490-RSS_The_Federalist_Daily_Updates_w_Transom&utm_medium=email&utm_term=0_cfcb868ceb-4e1da25490-81168121
https://townhall.com/tipsheet/bronsonstocking/2020/01/16/justice-department-investigation-into-leaks-focusing-on-james-comey-n2559664
DOJ Drops Unwinnable Case Against McCabe
Thomas Gallatin
The Justice Department announced Friday that it was declining to prosecute former FBI Deputy Director Andrew McCabe for lying to inspector general investigators over his unauthorized leak to the press regarding the FBI's Hillary Clinton email investigation back in 2016. In light of the DOJ's aggressive prosecution and subsequent conviction of both former National Security Advisor Michael Flynn and former Trump campaign member George Papadopoulos for lying, the decision wafts the pungent odor of a politically based double standard.
As National Review's Andrew McCarthy observes, "The FBI's former deputy director, though he undeniably misled investigators, remains a commentator at CNN. In the meantime, Papadopoulos is a felon convicted and briefly imprisoned for misleading investigators, while Flynn and Stone are awaiting sentencing on their false-statements charges. That covers both tiers of our justice system."
So, why did the DOJ make this decision? Well, it appears to have boiled down to a question of winnability. As unsatisfying as that answer may be, the most unsatisfying answer of all may be that we may never fully know why. That said, there are some indications as to why the DOJ made this decision, and it wasn't necessarily because of some deep-state cover-up.
First, as former GOP Rep. Trey Gowdy noted, this decision was made regarding a narrow specific incident — McCabe's lying about a press leak. Furthermore, the DOJ's announcement does not signal that McCabe is completely out of the woods — not by a long shot. It may be that McCabe factors into prosecutor John Durham's ongoing criminal investigation into the origins of the FBI's Trump-Russia investigation. That investigation could reveal much more serious criminal actions than lying about an unauthorized press leak.
A second reason that may have factored into this decision was the DOJ's recognition that winning a conviction against McCabe was far from a forgone conclusion. The likelihood of getting a conviction with a Washington jury pool in the current highly partisan environment is slim. And adding to this is Trump's careless penchant for publicly calling for the prosecution of those he believes wronged him. Even if his assessment is accurate, it only serves to bolster any claims from McCabe's defense that the case is a politically motivated prosecution. As McCarthy states, "If you want people held accountable for their crimes, you have to ensure their fundamental right to due process. When the government poisons the well, the bad guys reap the benefits."
On a positive note, Attorney General William Barr has installed an outside prosecutor to review Flynn's case. This is part of a larger effort by Barr; The New York Times reports that he recently "installed a handful of outside prosecutors to broadly review the handling of other politically sensitive national-security cases." Like a cat tasked with clearing the barn of rats, Barr has set about his work with the utmost seriousness. Trump needs to trust him, let him do his work, and avoid throwing out ammunition for Democrats to use against him.
"as former GOP Rep. Trey Gowdy noted, this decision was made regarding a narrow specific incident — McCabe's lying about a press leak"
https://www.bostonglobe.com/metro/2019/05/14/prison-letters-james-whitey-bulger-writes-determination-stay-alive/4o3m8cZPiNcwYzTZ3WE5iM/story.html" Funny how Whitey met his end just as this began to bubble to the surface "
From Wikipedia:
"Bulger was transferred from the Federal Transfer Center in Oklahoma City to United States Penitentiary, Hazelton, in West Virginia on October 29, 2018.[22][96] At 8:20 a.m. on October 30, the 89-year-old Bulger[97] was found unresponsive in the prison. Bulger was in a wheelchair and had been beaten to death by multiple inmates armed with a sock-wrapped padlock and a shiv."
A deep state hit?
https://www.nytimes.com/1999/03/10/us/sidney-gottlieb-80-dies-took-lsd-to-cia.html
but back to Whitey
Bulger murdered and no one convicted?
While in jail?
Very weird. Like Epstein. Dies . The silence is deafening.
Where was Hillary at the time?
https://www.dailymail.co.uk/news/article-8034145/DHS-whistleblower-Philip-Haney-shot-dead-self-inflicted-gunshot-wound.html
GM: Snark noted even as I delete it :-D
" I have been a Federal prosecutor for 14 yrs and have never seen anything like this"
I guess the guy is either senile or lying to pretend he could not read of Loretta Lynn and ERic Holder political moves:
https://news.grabien.com/story-cnn-doj-dropping-case-against-flynn-unprecedented-fix-and-ab
CNN again
God they suck
https://www.powerlineblog.com/archives/2020/05/explosive-rice-memo-declassified.php
https://www.realclearpolitics.com/video/2020/08/10/graham_fbi_committed_a_new_crime_with_steele_dossier_somebody_needs_to_go_to_jail_for_this.html
"Somebody needs to go to jail for this." Comey? The lies under oath continued under Christopher Wray.
Ms. Lindsey talks tough on tv, yet does nothing with actual impact.
There may be a political calculus not to stir things up until/if Trump wins.
But why complicate the waters by starting the prosecution during the election if it hurts him electorally? Barr won't be able to finish the prosecution unless Trump wins.
But why complicate the waters by starting the prosecution during the election if it hurts him electorally? Barr won't be able to finish the prosecution unless Trump wins.
"I say prosecute"
Yes. Assuming the evidence is convincing and overwhelming. Do whatever is right and let the political consequences fall where they may.
Pres Trump on Hugh Hewitt this morning,
"I believe it’s bigger and far more, far reaching and far more powerful than anyone ever thought possible."
https://www.hughhewitt.com/president-trump-on-a-scotus-vacancy-china-college-football-joe-bidens-vp-and-more/
Prosecutors declining to prosecute IS vindication in politics. Don't give that to the known guilty.
Barr has been AG for 544 days.
Spygate indictments/arrests=0
Epstein "Suicide" indictments/arrests=0
Hillary Clinton cabal indictments/arrests=0
Ilhan Omar immigration fraud indictments/arrests=0
And yet Gen. Flynn is still in legal jeopardy...
Huh.
Maybe they are announcing him to pressure others to rat out others.
Maybe they are announcing him to pressure others to rat out others.We shall see.
from 8 Democrat judges
was Merrick Garland one ?
https://www.nationalreview.com/2020/09/michael-flynn-case-dc-circuit-rules-against-mandamus-case/
https://www.zerohedge.com/political/muellers-angry-democrats-scrubbed-cell-phones-after-russia-investigation
https://www.zerohedge.com/political/muellers-angry-democrats-scrubbed-cell-phones-after-russia-investigation
18 U.S. Code § 1519.Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
U.S. Code
Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsifies, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.
(Added Pub. L. 107–204, title VIII, § 802(a), July 30, 2002, 116 Stat. 800.)
https://www.nationalreview.com/corner/allegation-hillary-clinton-orchestrated-collusion-hoax-to-distract-from-her-emails-according-to-russian-intel/?utm_source=recirc-desktop&utm_medium=&utm_campaign=river&utm_content=most-popular&utm_term=first
Hi GM,
might as well add
this to the list
voter fraud indictments / arrests = 0
https://pjmedia.com/election/victoria-taft/2020/11/15/what-the-hell-report-claims-durham-investigation-into-spy-gate-is-dropped-n1148534
intimidated ?
:x
we the people will never know
but the MSM will use this as excuse to label as just another conspiracy theory
did we call this here?
agreed with me to appoint a special counsel
though not sure if this is same as "independent " counsel
https://mail.google.com/mail/u/0/#inbox?projector=1
Schiff is already all over there propaganda outlets saying how a new AG
can still shut this down.
wait I am not clear because they have 20K emails and his laptop
it means Seth Rich sent DNC hacked material to Wikileaks
or that this excludes Russia
Am I reading this wrong
it seems like these conclusions are made from the fact they FBI does have a file on Rich.
https://www.newsmax.com/newsfront/clinesmith-fbi-guilty-special-counsel/2021/01/29/id/1007758/
big deal :roll:
what a joke
https://www.newsmax.com/newsfront/clinesmith-fbi-guilty-special-counsel/2021/01/29/id/1007758/
big deal :roll:
what a joke
The Deep State takes care of it's own. I'm betting he doesn't lose his bar card.
http://ace.mu.nu/archives/392419.phphttps://www.newsmax.com/newsfront/clinesmith-fbi-guilty-special-counsel/2021/01/29/id/1007758/
big deal :roll:
what a joke
The Deep State takes care of it's own. I'm betting he doesn't lose his bar card.
Durham going up against the heavweight DC lawyers
is like Marcia Clark going up against the World Class Dream Team
let me see that "frightening" tough rough prosecutor school picture for the millionth time as though the Left should be terrified:
https://time.com/5693083/john-durham-justice-department-investigation/
maybe we should have a thread
"the non accomplishments " of Bill Barr
https://washingtontimes-dc.newsmemory.com/?token=9e98fb5d28ecf7e72f390d2148b86358_614c7ff6_6d25b5f&selDate=20210923
https://www.nationalreview.com/2021/11/where-john-durhams-investigation-is-heading/
the big shots get off is his call
as THEY NEARLY ALWAYS DO
can't get big shot DC wheeler and dealers
just can't
above the law
:-(
angry, but expected this anyway
https://legalinsurrection.com/2021/11/wapo-retracts-steele-dossier-russia-collusion-reporting-points-finger-at-hillary-clinton/
"better late then never"???
doesn't do much good now.......
perhaps they are sacrificing Hillary to protect
their icon Baraq?
who HAD to be in on it.
hillary is junk in the basement
while Baraq et al is still the silent leader behind the Left.
https://www.theguardian.com/us-news/2021/nov/28/michael-cohen-trump-organization-investigations
since we are going to get Trump again for '24 we are going to have to live through this stuff again .....
I have a headache already
A family member used this in 2016, Trump said his campaign was "wiretapped", as an example of how he is nuts, paranoid, unfit, etc.
She was right - if you believe Lying Narrative News.
Over and over and over again, he keeps getting proved right and "fake news" keeps getting proved fake.
As I just posted on the media thread, perhaps worse than Lying News is Omission News.
https://www.google.com/search?source=univ&tbm=isch&q=john+durham+image&fir=kE9IjNKrJmItCM%252C7hAd8MT3Qah3vM%252C_%253BUlcbIN-Xp_AwEM%252C7hAd8MT3Qah3vM%252C_%253BKZBFiKFVhz9LcM%252CswfmdsXQxfVUVM%252C_%253BrO2SHArTWLxtnM%252CyPNWdHlPewSdzM%252C_%253BYbETLP4DKNylQM%252Cy2Ld2K4v0adoMM%252C_%253BNje_Kep48AeSYM%252CyPNWdHlPewSdzM%252C_%253B2x2vbU8l1wDtVM%252CCEGqbPsuFA5MDM%252C_%253Bca058G-nG-U9HM%252C6vi5T6eoAfD07M%252C_%253Ba_bylt7DRUQD5M%252C3B7kBn93ysKMrM%252C_%253BifXlD_OldAbqWM%252Ccf8h3HdxqH2OLM%252C_%253B8EqiwZJbM1XyhM%252C3B7kBn93ysKMrM%252C_%253BYwz1qdUQgSvDnM%252C-sBs85GGgmaE0M%252C_%253BRvpjJoudbabC5M%252CUAJVGMZ1xV4HMM%252C_%253BGqGdw2dBIZPAsM%252CWmQgN2Q2kWeOAM%252C_&usg=AI4_-kT66SgsZs3vglZhVaaWWTLKAUI78g&sa=X&ved=2ahUKEwjXmrG3yYT2AhUOm-AKHRVBC04QsAR6BAgCEAM&biw=1440&bih=789&dpr=2
".I don't know where this will lead but one thing is clear, Durham didn't make it all up."
lets keep our fingers crossed he does not get discovered at his home hanging from a rafter
in an "apparent suicide".
or like the Russians do it -> get hit by a car in a "random accident".
https://thepostmillennial.com/breaking-former-clinton-campaign-lawyer-michael-sussmann-acquitted-in-trump-russia-collusion-case?utm_campaign=64487
The legal works we will here Democrats scream
while all the while
also screaming we MUST SAVE DEMOCRACY
political trials should never be held in DC
https://thepostmillennial.com/breaking-former-clinton-campaign-lawyer-michael-sussmann-acquitted-in-trump-russia-collusion-case?utm_campaign=64487
The legal works we will here Democrats scream
while all the while
also screaming we MUST SAVE DEMOCRACY
political trials should never be held in DC
Durham isn't going to save us?
I guess we better VOTE HARDER!
https://thepostmillennial.com/breaking-former-clinton-campaign-lawyer-michael-sussmann-acquitted-in-trump-russia-collusion-case?utm_campaign=64487
The legal works we will here Democrats scream
while all the while
also screaming we MUST SAVE DEMOCRACY
political trials should never be held in DC
Durham isn't going to save us?
I guess we better VOTE HARDER!
the whole case against Sussmann
Why is this not grounds for a retrial in a different location
the jury member admits that she does not think lying to FBI is important to her
and case should not even have been brought
certainly her mind was made up from day 1:
https://www.breitbart.com/politics/2022/05/31/juror-who-acquitted-sussmann-there-are-bigger-things-than-lying-to-fbi/
as per Judge Jeanine
this afternoon
on Fox......
while talking about the Depp/Heard non important story trial results
especially since she is an expert on "battered women" and she knew Heard was lying from day one
what a joke
within days of finding an obviously guilty lawyer get off from playing in one of the largest hoaxes ever perpetrated on Americans......
as per Judge Jeanine
this afternoon
on Fox......
while talking about the Depp/Heard non important story trial results
especially since she is an expert on "battered women" and she knew Heard was lying from day one
what a joke
within days of finding an obviously guilty lawyer get off from playing in one of the largest hoaxes ever perpetrated on Americans......
Good thing we can just VOTE HARDER!
It's not like the system is utterly corrupt...
Wait...
second
https://www.thegatewaypundit.com/2022/05/rep-matt-gaetz-dnc-law-firm-perkins-coie-admits-fbi-workspace-dc-office-michael-sussmann-operating-worksite-video/
By ANDREW C. MCCARTHY
June 4, 2022 6:30 AM
If historical accountability now outweighs all concerns about due process, how could you do better than a Hillary Clinton trial?
‘Whither John Durham?” That is now the pressing question for every Russiagate watcher. Admittedly, the crowd of Russiagate watchers has grown smaller since Tuesday, when a Democrat-heavy jury in Washington, D.C., acquitted Michael Sussmann, the heavyweight Democratic lawyer, of Special Counsel Durham’s charge that Sussmann had lied to the FBI.
The answer, if we are to learn the central lesson of the Sussmann case, is simple: Indict Hillary Clinton.
But . . . for what?
I’ll resist the urge to say, “There’s always something,” which would be more a commentary on the career of the former secretary of state (and cattle-futures trader, travel-office-staff director, grand-jury amnesiac, “bimbo eruptions” scourge, pardons coordinator, voice of calm, suspender of disbelief, Russian “reset” visionary, Benghazi bungler, Muslim-movie maven, charity entrepreneur, and homebrew-server savant) than a real answer.
The truth is I have no idea whether Hillary has done anything indictable this time. Orchestrating the Trump–Russia collusion farce is icky politics and maybe even civil libel. But whether it violated the criminal law in some way is a tougher question.
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I do know this, though: If you really want to get to the bottom of what is scandalous about Russiagate, there could be no surer way to do it than to indict that most ruthless of cutthroat, cold-blooded politicians and sit back and enjoy the show as she sets her phalanx of gladiator–lawyers on the FBI, the Justice Department, the intelligence agencies, and the Obama White House.
Okay, I admit, this is a bit tongue-in-cheek. But still, in a perfect world — a world where there were no constitutional and ethical constraints against indictment absent a good-faith belief that the evidence of guilt is solid — there could be no better solution. Just give Hillary the incentive to do the job the special counsel’s prosecutions have avoided: Shine the light on the government’s complicity in Russiagate, instead of portraying the government as the witless victim of the Clinton campaign.
In the Sussmann trial, what we learned on that score came from the Sussmann defense, not the prosecutors. But it was limited, because Sussmann was just a bit player in Russiagate. Mrs. C is the big kahuna.
More on
HILLARY CLINTON
The Sussmann Verdict Is an Indictment of Durham, Not a Vindication of the Ex-Clinton Lawyer
Durham’s Work Must Go On, despite Sussmann Acquittal
Clinton Lawyer’s Achievement: Getting Donald Trump Elected President
The “collusion” caper involves a scheme to smear Donald Trump, then the Republican presidential candidate, as a clandestine agent of the Kremlin. This calumny — or “narrative,” as they say in the biz — was concocted by the Clinton campaign. As dictated by the shopworn modus operandi of the Clintons, who are Yale-educated lawyers, the heavy lifting was done by the campaign’s well-paid attorneys — who would then be able to claim that any damning communications were privileged when, as tends to happen with Bill and Hill, investigators started snooping around.
The campaign’s attorneys, who were then at the Perkins Coie law firm, retained the “oppo” beavering skills of Fusion GPS, a self-styled “information” firm (though invention may be more accurate). Fusion recruited a motley crew of “researchers,” including the former-British-spy-turned-Trump-hating-fabulist Christopher Steele and his sidekick, the suspected-Russian-spy-turned-respected-Brookings-scholar Igor Danchenko.
Fusion and the lawyers also collaborated with other like-minded Trump-loathers, including a gaggle of Internet researchers, led by tech executive Rodney Joffe. They composed the mood music of the Sussmann trial: a collusion subplot about how Trump and his masters in Moscow had supposedly exploited servers at Russia’s Alfa Bank to create a covert communications back-channel. I guess that’s what supposedly enabled Trump (the puppet) to order Putin (the master) to hack Mrs. Clinton’s homebrew servers (which were no longer online or in her possession). Or something.
One of Durham’s challenges was that Sussmann, the guy he decided to indict, was among the most minor players in this farrago. The prosecutors understandably theorized that his false statement to the FBI — the claim that he wasn’t representing anyone when he brought the bureau the Clinton campaign-generated tale about a Trump–Putin back channel — took place within the context of this broader scheme. A giveaway regarding Durham’s lack of conviction about the enterprise that has led to Sussmann’s lack of a conviction is that prosecutors labeled it, almost benignly, as “the joint venture” — i.e., they pulled up short of charging it as a criminal conspiracy to defraud the government, even though they sought to admit evidence of “the joint venture” based on conspiracy principles.
More to the point, though, proving up this broad, audacious enterprise to try to nail Sussmann on a narrow, comparatively trivial false statement is like proving up the Pacific Ocean just to show a single yellowfin darting about in it. Durham had much to complain about regarding the judge, Obama appointee Christopher Cooper. But any judge would have cut these prosecutorial ambitions down to something fit for a relatively minor culprit.
So next time, Durham shouldn’t go for the minor culprit. He should go for the Pacific Ocean herself.
https://www.theepochtimes.com/fbi-altered-statement-on-intrusion-into-democrat-network-based-on-input-from-lawyer_4505749.html?utm_source=Morningbrief-ai&utm_medium=email&utm_campaign=mb-2022-06-05-ai&est=PGYisDK4%2Fa038Ybu0LD%2BzJfURXpL%2F64S8XPGI%2FjhfBPPqwM5jhdPmozIP1%2F409ihCTkf
FBI Altered Statement on Intrusion Into Democratic Network Based on Input From Democrats’ Lawyer
By Zachary Stieber and Ivan Pentchoukov June 2, 2022 Updated: June 2, 2022biggersmaller Print
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A lawyer representing Democrats proposed alterations to an FBI statement on the hacking of the Democratic Congressional Campaign Committee (DCCC) to avoid undermining the narrative from his clients, according to emails released as part of the trial of former Hillary Clinton campaign attorney Michael Sussmann.
FBI officials in mid-2016 were drafting a statement regarding an alleged intrusion into the DCCC network and sent the draft to Sussmann, a lawyer representing the DCCC, the Democratic National Committee (DNC), and other Democrats.
Jim Trainor, assistant director for the FBI Cyber Division, wrote to Sussmann on July 29, 2016: “Michael—our press office is once again getting a ton of calls on the DCCC matter. A draft response is provided below. Wanted to get your thoughts on this prior to sending out.”
Sussmann zeroed in on the first sentence, which he said seemed to undermine what the DCCC was saying about the reported intrusion.
“The draft you sent says only that the FBI is aware of media reports; it does not say that the FBI is aware of the intrusion that the DCCC reported. Indeed, it refers only to a ‘possible’ cyber intrusion and in that way undermines what the DCCC said in its statement (or at least calls into question what the DCCC said),'” Sussmann said.
Sussmann proposed changing the press release from saying the FBI is aware of reporting on “a possible cyber instruction involving the DCCC” to saying the bureau “is aware of the cyber intrusion involving the DCCC that has been reported in the media and the FBI has been working to determine the nature and scope of the matter.”
Trainor said the proposed alterations were fine.
“We try to really limit what we see and not acknowledging too much but the below edits are fine and we will send out,” Trainor said.
The bureau ended up using language similar to that offered by Sussmann, telling news outlets that it was “aware of media reporting on cyber intrusions involving multiple political entities, and is working to determine the accuracy, nature, and scope of these matters.”
The emails were introduced as exhibits during Sussmann’s trial and obtained by The Epoch Times. Sussmann was acquitted on May 31 of lying to the FBI.
The FBI headquarters
The FBI headquarters in Washington on Jan. 2, 2020. (Samira Bouaou/The Epoch Times)
According to notes taken by then-CIA Director John Brennan, President Barack Obama received a briefing on July 28, 2016—one day before Sussmann’s email to Trainor. Brennan told Obama of an intelligence intercept showing that Russia was aware of a plan approved by Clinton to “vilify” her rival, Donald Trump, by “stirring up a scandal claiming interference by the Russian security services.”
Days later, the CIA informed the FBI of intelligence suggesting that Clinton’s plan was meant “as a means of distracting the public from her use of a private email server.”
According to the indictment of several Russian nationals brought by special counsel Robert Mueller, the alleged Russian conspirators gained access to the DCCC network on April 12, 2016. That same day, then-FBI Director James Comey held a meeting with senior FBI officials to discuss how to execute a “credible … conclusion” of the FBI investigation into Clinton’s use of an unauthorized private email server to conduct government business.
The DCCC and the DNC hired CrowdStrike, a private cybersecurity firm, to investigate and remediate the network intrusions. The FBI conducted its own investigation, relying on server images and reports produced by CrowdStrike, with Sussmann playing as the singular point of contact representing the DNC and the DCCC, according to another email introduced during the trial.
The CrowdStrike reports sent to the FBI were partly redacted. An email addressed to Sussmann by an FBI agent indicated that receiving the nonredacted versions of the reports was the top priority for the bureau. According to a previous filing by the Department of Justice in the case against Trump associate Roger Stone, the bureau never received the unredacted reports. The FBI has rejected Freedom of Information Act requests for the documents.
Other missives entered during Sussmann’s trial showed the lawyer becoming upset after the bureau announced that it was investigating the reported intrusion into the DNC network.
Sussmann messaged Trainor, questioning the “significance of this announcement” and requesting the bureau consult with him before making public statements about the DNC case.
Trainor apologized, agreeing that when the FBI makes statements “we need to be in lock step with victims and partners.”
Trainor said the statement was an attempt to “respond in a more authentic way” and that the bureau intended to “be equally cooperative partners as we navigate this matter.”
“Thank you for that explanation. You can understand how the statement was confusing to us,” Sussmann said. “Please try to keep us informed if the FBI says anything else publicly about its investigation.”
Sussmann was the FBI’s point of contact on the investigations into the intrusions into the DCCC and DNC network, according to an email that FBI agent Jennifer Frasch sent in August 2016.
Sussmann was close to the FBI for years and had a badge that allowed him access to the bureau’s headquarters. Sussmann used the badge to gain entry on Sept. 19, 2016, when he handed over sketchy allegations against Trump to FBI lawyer James Baker.
"In July 2016, John Brennan, then director of the Central Intelligence Agency, briefed President Obama that Mrs. Clinton gave “approval” for a “proposal from one of her foreign policy advisors to vilify Donald Trump "
well wait a second. what about Obama's role
he obviously knew what was going on
and the whole thing was a witch hunt
Could Trump Talk Himself into an Indictment?
By ANDREW C. MCCARTHY
August 22, 2022 2:29 PM
How the former president may be strengthening the hand of DOJ officials who would like to prosecute him
Allow me some speculation here.
I have never believed that the Biden Justice Department wanted to charge former president Trump with criminal offenses over his retention of records from his presidency. There are many reasons for this, but significantly, the difficulty of proving a crime at trial is not one of them. Proving illegality on the facts as we understand them would be a lay-up.
That is why Trump could easily talk himself into being charged if he’s not careful. The fact that this is a case that probably should not be brought does not mean it would be a hard case for the Justice Department to win — in a jury trial in deep blue, deeply anti-Trump Washington, D.C.
There are legal reasons not to bring charges, but they are defenses of law, not of fact. That is, they are based on legal principles that courts and the Justice Department itself might – but also might not — find persuasive.
No former president of the United States has ever been charged with a federal crime. The Constitution does not bar such a prosecution, but the tradition against it is prudent. The presumption this creates against such an indictment should be overcome only for a gravely serious offense.
Retaining presidential records should not meet that high bar. For nearly two centuries, presidents were thought to own these materials. To be sure, post-Watergate legislation, the Presidential Records Act (PRA), has made clear for a half-century that such records are government property. Trump’s reported rationalization that they are his is characteristically petulant.
But we are not talking about the crime of the century here. The PRA was not enacted as a criminal statute. Although other statutes now criminalize illegal government-records retention, there is a good argument that Congress did not envision former presidents being prosecuted for transgressing the PRA. In any event, I sense that what the government really wanted here was to get the records back, especially any highly classified ones. It has now accomplished that. There would not be much more upside in prosecuting Trump over this, particularly weighed against the downside.
The other legal consideration is equal justice under the law. Hillary Clinton unlawfully retained and destroyed thousands of government records. The Obama/Biden Justice Department never searched her home. Moreover, the DOJ made ridiculously accommodating arrangements with her lawyers about what evidence the FBI would be permitted to review, distorted the plain language of statutes in order to rationalize not indicting her for mishandling classified information, and turned a complete blind eye to her conversion and destruction of non-classified government records.
With that as a recent and glaring precedent — a precedent created when Clinton was poised to seek the presidency, just as Trump is today — Trump should not be indicted. Charging him would amount to exactly the same unjustifiably selective prosecution that the Obama/Biden Justice Department claimed prosecuting Clinton would have been.
Then there are the purely political considerations.
The Biden Justice Department should resist being seen as a political weapon. Of course, whenever a Justice Department under one party investigates figures from the opposition party, the claim of partisan animus is sure to be made. But the specter of politicized prosecution is magnified when the target of the prosecution is a likely opponent of the incumbent president in the next election.
Unlike some commentators, I do not believe this situation creates a conflict of interest that necessarily triggers appointment of a special counsel — again, it is just a more intense iteration of a recurring and often unavoidable issue in politically fraught cases. It would be prudent, however, for the Justice Department to avoid being seen as a political tool in the absence of a truly egregious offense.
Many believe that this would be a risk worth running if the DOJ could make a January 6 case against Trump — for reasons I’ve explained, I would agree with that only if there were strong evidence Trump was willfully complicit in the violence, and I do not believe there is such evidence. But records-retention offenses are not serious enough for the Justice Department to immolate itself over: By charging Trump at this point, the DOJ would probably help his political standing — it would appear as if Democrats were looking for any excuse to persecute and derail their arch political nemesis because they fear they can’t beat him fair and square in the 2024 election.
So what could change these calculations? Trump could change them.
The Mar-a-Lago Affidavit Circus
Inside the DOJ, I bet officials are steamed because they believe they’ve acted reasonably, yet Trump and his apologists are accusing prosecutors and the FBI of corruption. The DOJ has not been helped by an erratic Attorney General Merrick Garland, who, despite making a highly unusual public statement about a pending investigation, neither addressed the claims that Trump was making publicly nor shed light on the matters of most importance to the public: Why do a search warrant? Why now? And wasn’t there some less-intrusive way of handling this dispute?
Rest assured, though, that this is how Main Justice and the FBI see things: Trump had no right to retain these records; the retention of highly classified intelligence in an insufficiently secure setting was both illegal and irresponsible; the government had been trying to get him to return this stuff for over a year; there was no reason to believe he would return all the records voluntarily; there was apparently (according to the search warrant) reason to believe Trump would destroy (or already had destroyed) records; and therefore, if the government did not take them forcibly by warrant, the records would never have been returned and preserved as the law mandates.
Moreover, Justice Department officials undoubtedly believe that Trump, despite his complaining, is being given favorable treatment. In the vast majority of investigations in which the FBI and the DOJ go to the trouble of convincing a judge to issue a search warrant because there is probable cause to believe crimes — here, three federal felonies — have been committed, charges quickly follow. What’s more, if the government gets a warrant on probable cause that evidence of a crime will be found in the search, and then that evidence is in fact found in the search, that usually cinches things: The suspect gets indicted.
Here, that hasn’t happened. The Justice Department hasn’t charged Trump even though it (a) convinced a judge that the former president probably committed crimes and (b) then apparently found the inculpatory evidence it predicted would be in his home. The DOJ has cited a statutory crime in the warrant, Section 2071, which seems to make such a case a slam-dunk, regardless of whether the government records in question are classified. And while, as to the few classified documents involved, Trump’s defense that he declassified the documents cannot be dismissed out of hand (as I explained here), the court might disagree. That is, assuming Trump failed to create any written record that he’d declassified the documents, a trial judge might well find that either (a) they are still deemed classified as a matter of law, or (b) it is up to the jury to decide whether the documents are still classified.
This is all to say: I am betting the prosecutors involved in the matter believe they have a strong case and would convict the former president if they could get him in front of a Washington jury — and maybe any jury.
I was a federal prosecutor for a very long time. I handled cases in which there was great controversy over whether criminal charges were the right way to go even if the evidence of guilt seemed convincing. And when I was a boss, I had to make the decision about whether we should charge in such cases. I can attest to this: A major factor in the exercise of prosecutorial discretion is the public perception of the Justice Department’s conduct.
If a suspect is out publicly claiming that the prosecutors, the FBI, and the government generally are corrupt — e.g., that they planted incriminating evidence, lied to court, illegally seized privileged materials, and so on, there is apt to be strong pushback within the DOJ. I assure you that prosecutors and agents whose honor has been besmirched are certain to be pleading with their supervisors to let them charge the case so they can demonstrate to the public that they carried out their duties appropriately and that it is the suspect who willfully violated the law.
Finally, I observed at the start of this column that Trump’s defenses in this case are mainly legal, not factual. That is, they go to whether the Justice Department should bring the case, not whether the conduct it is able to prove violated the law. Does that remind you of any recent case? If you guessed the Steve Bannon case, you’ve aced the course.
The Justice Department’s decision to charge Bannon was controversial, and he had some colorable (if not necessarily persuasive) legal claims for why the indictment was unwarranted. But when these were rejected by the court, he was essentially left with no factual defense that could sway a jury. Perhaps months from now, he will get a sympathetic hearing from an appeals court, but the Washington jury took about a nanosecond to convict him after two-day trial.
There is a lesson in this. Bannon was very public in his attacks on the January 6 committee, the flouting of whose subpoenas were the basis for the case against him. He was public in his attacks on the Biden Justice Department. He might have tried quiet negotiation and belated cooperation. Instead, he portrayed the government as his corrupt, mortal enemy and tried to make that case in the court of public opinion.
How’d that go?
Trump has not been charged. I really hope he is not, because it would be bad for our deeply divided country, and the continued spotlight on Trump is a distraction from what should be a focus on the Democrats’ ruinous policies. I’m betting that if AG Garland really wanted to prosecute the former president for illegally retaining records, the Justice Department would already have charged him, probably at the same time the FBI executed the search warrant, or shortly afterward.
Trump, however, could talk his way into being charged. Every time he publicly attacks the Justice Department’s integrity in this matter, he is strengthening the hand of DOJ officials who are surely urging the attorney general to green-light an indictment.
https://www.washingtontimes.com/news/2022/aug/22/tapes-stored-bill-clintons-sock-drawer-could-affec/?utm_source=Boomtrain&utm_medium=subscriber&utm_campaign=morning&utm_term=newsletter&utm_content=morning&bt_ee=dR%2FYU6QvHOD1fHz4lFCrUcU82yR2bvVXa%2BRDtvm%2Bou%2BLY0kXy9elE1y1hx4HHvty&bt_ts=1661247942695
https://www.msn.com/en-us/news/politics/ex-fbi-official-thinks-trump-s-surveillance-footage-flipped-the-switch-for-doj-to-issue-search/ar-AA1113Q5?ocid=msedgntp&cvid=062a2f51d4014c93b800ed3d4db3ad5f
https://www.msn.com/en-us/news/politics/ex-fbi-official-thinks-trump-s-surveillance-footage-flipped-the-switch-for-doj-to-issue-search/ar-AA1113Q5?ocid=msedgntp&cvid=062a2f51d4014c93b800ed3d4db3ad5f
https://www.youtube.com/watch?v=WQhggbxh9og
The footage clearly shows where the espionage charge came from!
https://www.msn.com/en-us/news/us/trump-aides-unlikely-to-face-charges-on-their-own-in-mar-a-lago-probe-ex-prosecutors-say/ar-AA117Gzj?ocid=msedgntp&cvid=b0315084fa0cb8e34340febad8814646
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https://www.msn.com/en-us/entertainment/news/wow-anderson-cooper-shocked-to-learn-trump-attorney-is-former-one-america-news-host/ar-AA116uJD?ocid=msedgntp&cvid=9cab5f35174578151edcd526926c2103
Trump seems to have a hard time putting together a quality legal team and keeping it , , ,
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https://www.msn.com/en-us/news/politics/fbi-agents-searched-melania-trump-s-closet-during-the-mar-a-lago-raid-which-made-trump-furious-report-says/ar-AA117NfJ?ocid=msedgntp&cvid=9cab5f35174578151edcd526926c2103
https://www.americanthinker.com/blog/2022/08/bill_barr_returns_to_make_every_conservative_seethe_with_frustration.html?fbclid=IwAR3qjSNxU50mahhU3E4YLrQk1QnZv24zL0yEyl7Y0z3XeNS-aQ18vPLG724
Trump is in trouble - on technicalities - unlikely to be prosecuted.
Documents were found in his personal desk, not all in the storage as promised.
SOME documents "marked top secret" might in fact have been declassified but not marked as such.
https://nypost.com/2022/08/31/trump-fbi-raid-doj-says-docs-were-likely-concealed-and-removed-at-mar-a-lago/
SOME documents taken MAY HAVE been protected by attorney client privilege. The Federal government, being the adversary, should not be reading those documents.
Trump Lawyer May Have Walked Into DOJ Perjury Trap, New Documents Suggest
Hans Mahncke
August 31, 2022
In a late-night filing on Aug. 30 in response to former President Donald Trump’s motion for an independent party to scrutinize documents seized from his Mar-a-Lago estate, the Department of Justice (DOJ) urged a judge not to grant the motion.
Much attention has focused on a photograph attached to the DOJ’s filing. The photograph shows a number of documents marked “Top Secret” laid out on a carpet at Mar-a-Lago. The DOJ’s accompanying filing claims that the items in the photograph were recovered from the “45 office,” which it defines as “the former President’s office space at the Premises.”
Trump and his legal team have insisted that he declassified the documents in his possession and, therefore, it doesn’t matter what the markings on the papers are. The DOJ appears to have been prepared for that argument.
While the photograph was likely included in the filing for its PR value—evidenced by the fact that it’s currently on the front page of every news outlet—the DOJ’s real focus appears to be elsewhere, specifically on a grand jury subpoena dated May 11 and a certification signed by a Trump lawyer on June 3. Both of these documents are included in the new filing.
The subpoena demands that “Donald J. Trump and/or the Office of Donald J. Trump” hand over “any and all documents … bearing classification markings, including but not limited to the following.”
The subpoena goes on to specify the various classification markings used by the U.S. government.
When Trump received the subpoena in May, he had two options. Comply or challenge the subpoena. He chose to comply. One of Trump’s lawyers, whose name has been redacted in the new filings, certified in June that “any and all responsive documents” had been handed over and that none were withheld.
It now appears that the statement was untrue, as many documents marked classified were still at Mar-a-Lago.
It bears repeating that the DOJ didn’t ask for classified documents but rather for documents that bear classification markings. Thus, the actual status of the documents is moot.
The certification by Trump’s attorney appears problematic in other regards as well. While the subpoena addresses documents held by Trump and his office, the certification only mentions Trump’s office. The certification also appears to attempt to narrow the scope of what should be handed over by using word games, for instance by referring to documents in “boxes” as opposed to documents generally. The problem for Trump’s attorneys is that all efforts at trying to create wiggle room are nullified by the statement that all “responsive documents” had been handed over.
A far bigger problem is that the use of lawyerese or word games—for instance, leaving out Trump himself and only referring to his office—could have immediately raised red flags at DOJ, practically begging for the matter to be investigated further.
There was no benefit from playing word games. It only invited further scrutiny. If Trump wasn’t willing or able to hand over all documents, his legal team should have challenged the subpoena.
Instead, they attested that all documents marked classified had been returned, when that appears not to have been the case. Notwithstanding that the DOJ photograph appears to show originals, some have argued that the documents retained were merely copies and that all original documents were returned. The problem with that argument is that Trump’s attorney also attested that no copies remained at Mar-a-Lago.
It may well turn out that the lawyer’s certification was the result of incompetence, a case of poor lawyering, and of the left hand not knowing what the right hand was doing. But to a DOJ that has already shown that it’s determined to get Trump, these arguments won’t hold sway.
It’s likely that the DOJ will now target Trump’s attorney to find out the details behind the certification. Who authorized the lawyer to sign the certification? Who told the lawyer to say that everything had been handed over? Did anyone tell the attorney to lie?
The bottom line is that a lawyer for Trump might have walked into a perjury trap by attesting to something that wasn’t true. In the first instance, this is a problem for the lawyer. But it may become Trump’s problem if the lawyer implicates him, truthfully or not, as we have already seen happen in the case of Michael Cohen, Trump’s former attorney.
Is This the End of Executive Privilege? Or Only for Trump?
by Alan M. Dershowitz
September 14, 2022 at 5:00 am
Send
[L]et's see how this would have played out if the shoe were on the other foot.
What if Obama had been called by a congressional committee to turn over all internal communications — written and oral — regarding his decision, and he claimed executive privilege? And what if then President Trump were to have waived Obama's privilege?
One thing we know to be certain: many of the academic "experts" and media "pundits" who now support the argument that an incumbent president can waive the executive privilege of his predecessor would be making exactly the opposite argument. They would be saying — as I am saying now— that presidents would be reluctant to have confidential communications with their aides if they knew these communications could be made public by their successor in order to gain partisan electoral advantage. It would essentially mark the end of executive privilege, which is rooted in Article II of the Constitution.
Accurate predictions today require us to know which persons or parties will be helped or hurt by particular outcomes. Hypocrisy reigns. And those who engage in it are not even embarrassed when their double standards are exposed. The current "principle" is that the ends justify the means, especially if the end is the end of Trump.
"Because we can" has become the current mantra of both parties. Neutral principles, which apply equally without regard to partisan advantage, is for wimps, not party leaders or other government officials. "They do it too" has become the excuse de jure. Both parties do it, but that is not a valid excuse even in hardball politics. Two constitutional violations do not cancel each other. They only make things worse.
Executive privilege is important to both parties -- and to the constitutional rule of law. Today's partisan victory for Democrats, if their waiver argument is accepted, will soon become their loss should Republicans take control.
So beware of what you wish for. Today's dream may well become tomorrow's nightmare.
By BRITTANY BERNSTEIN
September 14, 2022 8:10 AM
Igor Danchenko, a primary contributor to the Steele dossier, was hired by the FBI as a confidential informant in 2017, Special Counsel John Durham revealed in a new court filing.
The Russian national was ultimately charged in 2021 as part of Durham’s probe of the Trump-Russia investigation; he is accused of lying to the FBI regarding his sources for some claims in the Steele dossier. The charges focus on statements Danchenko made related to the sources he used in providing information to an investigative firm in the United Kingdom.
The new filing reveals the FBI hired Danchenko as a confidential informant in March 2017 after having interviewed him about his work on the dossier months earlier. Danchenko is accused of having made false statements regarding the sources of some information that he provided to a U.K. investigative firm in 2017 that was later passed to the FBI.
Long before Danchenko’s involvement in the Steele dossier, he was the subject of an FBI counterintelligence investigation in 2009 as an analyst at the Brookings Institute after one of his colleagues alleged that Danchenko asked if he would be willing to sell him classified information. In 2011, the FBI closed the probe after Danchenko left the U.S.
It is not clear whether Danchenko worked as an informant to provide information about the dossier or as part of the investigation into the Trump campaign, the Washington Free Beacon reports.
The allegation that Trump colluded with Russia and “accepted a regular flow of intelligence from the Kremlin, including on his Democratic and other political rivals,” stemmed from the dossier by former British intelligence agent Christopher Steele. After the 2016 election, the dossier was found to have included a number of unverified or erroneous claims and Steele was accused of peddling the Russian election interference hoax to undermine Trump’s campaign with his dossier, which was funded by the Clinton campaign through its law firm Perkins Coie.
During an interview with the FBI, Danchenko suggested that even he was skeptical of some of the contents included in the dossier.
“Even raw intelligence from credible sources, I take it with a grain of salt,” Danchenko said. “Who knows, what if it’s not particularly accurate? Is it just a rumor or is there more to it?”
However, the FBI reportedly did not share Danchenko’s concerns with the Justice Department. The DOJ inspector general found in 2019 that the FBI had relied on information from the dossier despite Danchenko casting doubt on its contents.
The FBI ended its relationship with Danchenko in October 2020.
If I have this right, the FBI knowingly paid a Russian agent for three years to get Russian lies to use against the American president.
If I have this right, the FBI knowingly paid a Russian agent for three years to get Russian lies to use against the American president.
Yes.
https://www.thedailybeast.com/obama-administration-trade-british-nuclear-secrets-with-russia
Trump? Sorry, I meant Obama.
The DOJ/FBI did what?
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https://sonar21.com/the-corruption-of-america-takes-a-dangerous-turn/
By ANDREW C. MCCARTHY
May 16, 2023 2:16 PM
The bureau expected Clinton to be the next president. So her Trump strategy became the FBI’s Trump strategy.
Among the most troubling conclusions in special counsel John Durham’s Russiagate report is that the FBI — even as it relied on Clinton-campaign-funded opposition research against Donald Trump that it failed to verify — ignored strongly supported intelligence that Hillary Clinton was intentionally smearing Trump as a Putin puppet.
To my mind, Durham is being too kind.
Perusing the report, I find it impossible to draw any other conclusion than that the FBI, and the Obama administration more broadly, did not ignore the intelligence about Clinton’s strategy but rather that the law-enforcement and intelligence apparatus of the United States government knowingly abetted Clinton’s implementation of the strategy.
Here is what Durham recounts about American spy agencies’ covert discovery in late July 2016: Their Russian counterparts had assessed that Clinton had approved a campaign plan “to stir up a scandal against U.S. Presidential candidate Donald Trump by tying him to [Russian President Vladimir] Putin and the Russians’ hacking of the Democratic National Committee.”
One objective of this demagoguery was to distract from Clinton’s own email scandal, which was far more consequential to the 2016 election than the DNC emails. Clinton was not a meaningful participant in the DNC emails; they factored into the election only as a prop to portray Trump as complicit in a Russian-hacking conspiracy.
Clinton and her campaign staffers scoffed, in interviews by Durham’s office, that the Russian intelligence analysis was “ridiculous” and “disinformation.” But the analysis was obviously true, regardless of whether the Russians truly believed it or were floating it to confuse our spies.
The Clinton campaign sponsored the bogus “dossier” prepared by former British spy Christopher Steele. It alleged that “there was a well-developed conspiracy of co-operation between [the Trump campaign] and Russian leadership.” This was a fabrication: Steele’s source, Igor Danchenko, never actually spoke to Sergei Millian, to whom this “intelligence” was attributed. Millian never made the claim.
FBI Whistleblower Testifies Bureau ‘May Have’ Had Confidential Human Sources in the Capitol on J6
It was in the context of this nonexistent “conspiracy of cooperation” that Steele claimed Russia had hacked the DNC emails to help Trump win the election. Through Steele, his Fusion GPS confederates, and the campaign’s lawyers, Clinton’s Trump–Russia “collusion” smear was peddled to friendly media and sympathetic government officials.
With equal fervor, moreover, the Clinton campaign concocted the farcical claim that Trump had established a communications back channel with Putin through servers at Alfa Bank, an important Russian financial institution.
After succeeding in getting this nonsense publicized less than two months before Election Day, Clinton herself tweeted: “Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based Bank.” Jake Sullivan, one of Clinton’s top aides (and now President Biden’s national-security adviser) breathlessly proclaimed that Alfa Bank “could be the most direct link yet between Donald Trump and Moscow”; that “this secret hotline may be the key to unlocking the mystery of Trump’s ties to Russia”; and that “we can only assume that federal authorities will now explore this direct connection between Trump and Russia as part of their existing probe into Russia’s meddling in our elections.”
Clearly, there was a Clinton campaign strategy to frame Trump. Yet the most sensible interpretation of the evidence Durham has amassed is not that the FBI, in evaluating its collusion evidence, failed to weigh intercepted Russian intelligence about that strategy. It is that the FBI was well aware of Clinton’s strategy, fully expected Clinton to be the next president, and helped implement the strategy, regardless of what Russian spies may or may not have thought about it.
The FBI knowingly treated Clinton with kid gloves. FBI lawyer Lisa Page warned the bureau’s senior intelligence investigator, Peter Strzok, to tread lightly in interviewing Clinton about the email scandal — fearful that, upon winning the election, Clinton would otherwise be vengeful against the FBI.
The special counsel elaborates on attempts by two foreign governments to buy influence with Clinton by making donations to her campaign. Contrary to the zealousness with which the FBI opened a full-blown investigation of Trump’s campaign based on risibly thin information in the stretch run of the 2016 race, the bureau sat on the Clinton information for months — even though the first foreign scheme commenced in 2014, before Clinton had even formally announced her candidacy. Clinton’s campaign was given a defensive briefing to ensure she was not placed in a compromising position. Trump’s campaign, by contrast, was immediately subjected to a full-court press, including eavesdropping and the deployment of informants — which persisted for a year, even though the evidence gathered was exculpatory.
Durham documents that President Obama, Vice President Biden, top intelligence officials, Attorney General Loretta Lynch, and FBI director Comey were fully briefed by CIA director John Brennan on Russia’s assessment of Clinton’s plan to frame Trump.
According to Durham, it appears that FBI headquarters withheld the information from some investigators who should have had it. No surprise there. We learned during Durham’s unsuccessful prosecution of Clinton lawyer Michael Sussmann that headquarters concealed from the bureau’s own investigators that Sussmann was the source of the Alfa Bank data. But this information about a Clinton strategy to smear Trump wasn’t ignored. Rather, it was echoed. At the same time that the FBI had this information, the bureau nevertheless went to the FISA court and swore under oath to the Steele dossier claim that Trump and Putin were in a “conspiracy of cooperation.”
To make Trump look like Putin’s puppet, which is exactly what Clinton wanted, the FBI departed from the most elementary investigative steps, especially the duty to verify information before presenting it to a court. FBI lawyer Kevin Clinesmith (who later pled guilty) altered a document that would have undercut false claims the FBI was making to the FISA court. As the FBI gathered information proving that the allegations it had made to the FISA court were false, it concealed that information from the judges and kept re-alleging the false claims.
There is not a chance that the FBI — or anyone in America — was unaware that the Clinton campaign wanted Trump to be seen as a Russian operative. But the bureau expected Clinton to be the next president. That was her Trump strategy, so it became the FBI’s Trump strategy.
The Durham Report Exposes How Thin the Collusion Case Really Was
Special Counsel John Durham departs the U.S. Federal Courthouse after opening arguments in the trial of Attorney Michael Sussmann in Washington, D.C., May 17, 2022. (Julia Nikhinson/Reuters)
By ANDREW C. MCCARTHY
May 20, 2023 6:30 AM
Even FBI officials working the case admitted that it had been opened on the flimsiest of grounds.
The vaporousness of the predication for the FBI’s Trump–Russia investigation, “Crossfire Hurricane,” was described Tuesday in our editorial on the Durham Report (and in my post the same day). For years, I have maintained that the probe was opened on false pretenses. But now that we have Special Counsel John Durham’s careful and comprehensive account of the debacle, the bureau and its allied Russiagate agonistes ought to be humiliated. They deranged the country for years over what, at the time they opened the case, FBI leaders knew was a grossly irresponsible basis for commencing any serious investigation, let alone for intruding the bureau into the politics of a presidential election. The damage this sordid affair has done to the FBI as an institution may not be reparable.
It is totally predictable and in character that “collusion” cheerleaders, including some of the former FBI officials who were fired, are now mewling that Durham’s report is a “nothing burger.” But it’s still tough to abide.
As we’ve noted, amid the media–Democratic-complex hysteria resulting from the publication of hacked DNC emails during the 2016 Democratic Convention, the FBI opened the investigation in late July 2016. This was not a normal case, so the decision was made by top officials at headquarters, based on a strained interpretation of casual comments made two months earlier by George Papadopoulos to a pair of Australian diplomats at a bar in London.
Papadopoulos was a green, unpaid Trump campaign aide. At the time they were made, his remarks were sufficiently incomprehensible — and un-comprehended — that the Aussies thought little of them. In summarizing what Papadopoulos said in a contemporaneous memo, the best one of the diplomats could come up with was that he’d made a suggestion of some kind of suggestion:
[Papadopoulos] also suggested the Trump team had received some kind of suggestion from Russia that it could assist this process [of exploiting the “baggage” of Hillary and Bill Clinton] with the anonymous release of information during the campaign that would be damaging to Mrs Clinton (and President Obama).
Papadopoulos did not claim to know what, if anything, Russian intelligence had on Hillary Clinton. He did not use the word “emails” or even “dirt.” The diplomats were not intelligence agents, but they knew enough to be dismissive. (As I detailed in Ball of Collusion, one of them, Alexander Downer, had intriguing relationships with both British intelligence officers and such American politicians as the Clintons, to whose foundation he had arranged a $25 million Australian contribution.) Any competent intelligence analyst would have known that, if Trump actually were in some kind of “conspiracy of cooperation” with Vladimir Putin, the last person in the world who’d have known anything about it was George Papadopoulos. It’s unlikely Trump could have picked Papadopoulos out of a line-up. (Sure, they once sat at the same crowded table, and there’s a photograph of it; but there’s also a photograph of Trump chatting with a woman who accused him of rape, and at a deposition he mistook her for his second wife.)
Russian intelligence is very capable. Donald Trump, by contrast, has exhibited neither awareness nor habits of intelligence craft through his half-century in public life. If the Aussie diplomats had been intelligence agents, they would have realized that Moscow’s spies would hardly have needed the chaotic Trump campaign’s help to gather or disseminate kompromat on Hillary Clinton. More to the point, though, if the kind of cryptic speculation attributed to Papadopoulos were a sufficient rationale for opening a counterintelligence investigation, the FBI might as well have opened one on its own then-director.
Recall that Director Jim Comey held a July 5, 2016, press conference at which he laid out the evidence against Clinton that the FBI had uncovered during the emails investigation — flouting Justice Department guidelines against public statements about misconduct by uncharged persons. As recounted in DOJ inspector general Michael Horowitz’s eventual report, Comey’s statement was months in the making: He had started drafting it in late April and early May — i.e., even before Papadopoulos’s mid-May meeting with the Aussie diplomats (but, as I’ve previously pointed out, only shortly after President Obama’s nationally televised assertion that he did not want Clinton charged with a crime).
This means that prior to Papadopoulos’s supposed “suggestion of some kind of suggestion,” there were already internal discussions at FBI headquarters about how former secretary Hillary Clinton, all by herself, had given the Russians all the help they needed to undermine her presidential bid. Specifically, Comey had been briefed that, because she recklessly used a homebrew email server to do her State Department work, Clinton was uniquely vulnerable not just to hacking, but to hacking that could capture her sensitive communications with Obama while she was in Russia.
It is not enough to say that Clinton’s private-server system was so non-secure that it could easily have been penetrated by competent foreign intelligence services. The FBI assessed that it probably had been penetrated. By the time of Comey’s press conference, that embarrassing finding had been massaged into this portion of his script:
With respect to potential computer intrusion by hostile actors, we did not find direct evidence that Secretary Clinton’s personal email domain, in its various configurations since 2009, was successfully hacked. But, given the nature of the system and of the actors potentially involved, we assess that we would be unlikely to see such direct evidence. We do assess that hostile actors gained access to the private commercial e-mail accounts of people with whom Secretary Clinton was in regular contact from her personal account. We also assess that Secretary Clinton’s use of a personal e-mail domain was both known by a large number of people and readily apparent. She also used her personal e-mail extensively while outside the United States, including sending and receiving work-related e-mails in the territory of sophisticated adversaries. Given that combination of factors, we assess it is possible that hostile actors gained access to Secretary Clinton’s personal e-mail account.
As scathing as that was, Comey’s earlier drafts (described in Horowitz’s report) were even more damning. The director had been planning to say that Clinton
also used her personal email extensively while outside the United States, including from the territory of sophisticated adversaries. That use included an email exchange with the President while Secretary Clinton was on the territory of such an adversary.” [Emphasis added.]
This express mention of Obama was veiled in a subsequent draft, which referred instead to “another senior government official.” Realizing this would only draw unwanted attention to Clinton’s communications with Obama, which had very possibly been hacked by Russian or other hostile intelligence services, Comey and his advisers completely omitted any allusion to Obama from the remarks he finally delivered on July 5. (Prior to leaving office, Obama quietly directed that his email communications with Clinton be sealed.)
Remember, the FBI opened Crossfire Hurricane in late July 2016 as a full-throttle investigation — without interviewing Papadopoulos, the Aussie diplomats, or a single relevant witness — because of the supposition that Papadopoulos might have been saying that the Trump campaign believed the Russians had compromising information that they might use against Clinton. Yet, less than four weeks earlier, the FBI’s top official had openly speculated that hostile actors (obviously the Russians, among others) had compromising material that they might use against Clinton.
To put it another way, in reading what Comey told the world at his presser, one could easily detect a “suggestion of a kind of suggestion” that the Russians had hacked Clinton’s communications and were in a position to disseminate them at a time that could have been maximally harmful to her presidential campaign, revealing both (a) private conversations that Clinton would understandably have wanted kept confidential, and (b) her gross negligence in conducting sensitive government business this way — which Trump or any other political rival would inevitably argue demonstrated her unfitness to be president.
If that’s what the FBI’s own director was saying publicly, what else would you expect from George Papadopoulos?
Not much. And thanks to Durham, we now know that’s what the FBI agents working the case thought of the vaunted predication for the case: not much. Less than that, really.
As noted above, the bureau opened a full-scale investigation against a presidential campaign based on information from the Aussie diplomats before even interviewing them (just as the bureau failed to interview Christopher Steele’s main source, Igor Danchenko, until after twice swearing under oath to his allegations in FISA-court warrant applications). The bureau got around to this apparently lower priority of actually talking to witnesses on August 2, 2016. Because the interview was to be done in London, the FBI had to consult with its British intelligence counterparts.
As Durham details, to pave the way, the bureau’s legal attaché (leg-at) in London (whose name is not given in the report) was dispatched to discuss the opening of the investigation with the Brits. Their reaction was one of “real skepticism.” They told the leg-at that the sketchy statements attributed to Papadopoulos by the Aussie diplomats were “not assess[ed]” to be “particularly valuable intelligence.” In fact, the leg-at added, “the British could not believe the Papadopoulos bar conversation was all there was,” so they assumed the FBI must have more information that it was holding back.
It didn’t. By that first week in August, the FBI had assigned a first case agent (also not named in the report) to work under the direction of Agent Peter Strzok and help interview the Aussies. In an August 11 conversation, the leg-at and the case agent had this exchange:
Leg-at: Dude, are we telling [British intelligence] everything we know, or is there more to this?
Case agent: That’s all we have. Not holding anything back.
Leg-at: Damn, that’s thin.
Case agent: I know.
The one who knew the most at the time about bureau headquarters’ thinking was Strzok. The leg-at recalled that as the agents taxied to the Australian High Commission in London, Strzok muttered, “There’s nothing to this, but we have to run it to ground.”
Grounded nothing, I think, is what’s often called a “nothing burger.” Here, the nothing burger is actually the FBI’s Trump–Russia “collusion” investigation, not the Durham Report.
https://news.sky.com/story/british-intelligence-involved-in-trump-election-probe-sources-say-11825044
https://news.sky.com/story/british-intelligence-involved-in-trump-election-probe-sources-say-11825044
https://www.theguardian.com/uk-news/2014/apr/13/charles-farr-gchq-spymaster-counter-terrorism
https://www.thegatewaypundit.com/2023/05/john-durham-ignores-role-u-s-u-k/
Just a small oversight!
Andrew McCarthy will explain in detail soon!
anti Trump NRO
no surprise
but this time I agree with NRO
we can only hope Trump is not the candidate
of course he will take us all down with him to the end
maybe if he goes to jail he can be placed in same cell where Epstein was.
no tears from me.
"If Trump went away, do things go back to “normal”?"
No, but then we could fight for America without spending a goodly % of our time defending/rationalizing/apologizing for him.
"The left WILL NEVER voluntarily give up power EVER again."
agreed
great one said this a week ago or so
even if we do win the '24 elections
the left will never go away
till they are totally destroyed
I don't see how unless the country collapses and China moves in for the kill
inflation continues it endless upward trend
and enough of the LEFTies *suffer* and see the truth
either way => yes this is very bad
"The left WILL NEVER voluntarily give up power EVER again."
agreed
great one said this a week ago or so
even if we do win the '24 elections
the left will never go away
till they are totally destroyed
I don't see how unless the country collapses and China moves in for the kill
inflation continues it endless upward trend
and enough of the LEFTies *suffer* and see the truth
either way => yes this is very bad
When the left that isn’t part time of the inner party suffers, they will be told that it is because of us.
When “reparations” fail to materialize, you in the blue zoos will get pogromed.
https://media.gab.com/cdn-cgi/image/width=852,quality=100,fit=scale-down/system/media_attachments/files/140/378/495/original/cb3939441f11182e.jpg
(https://media.gab.com/cdn-cgi/image/width=852,quality=100,fit=scale-down/system/media_attachments/files/140/378/495/original/cb3939441f11182e.jpg)
Will Andy McCarthy point this out?
"What did he do? He engaged in outrageous act of obstruction and deception that obstructed that subpoena. And that is wrong. That’s a law. I mean, that’s a violation of law. That’s a serious problem for him. What he did was, according to the indictment, he took a lot of the boxes away, hid them from his lawyer, told his lawyer to go and search what remained, and then cause that lawyer to file a statement to the court saying that there had been a complete search. And if anyone did that, that would be obstruction. So that is why I think the Justice Department pulled the trigger, and that’s the central part of this case. So talking about whether he had the right to have the documents or not. Well, it’s it’s ridiculous. It’s a sideshow! You cannot defend what he did with that subpoena using."
From that article.
Seems almost as strong as deleting governmental 33,000 emails, then bleaching them, then smashing them with a hammer after leaving them vulnerable to hacking on a server in a bathroom as Colorado.
A legit argument , , , I suppose , , , but are we to spend our time yet again arguing such distinctions?
I remain with DeSantis.
Unaware of that. How did he do that?
Meanwhile , , ,
https://www.gatestoneinstitute.org/19725/donald-trump-lawyer
This seems strong to me, even though it is from Deep State Andy ;-)
Where Judicial Watch’s Defense of Trump Goes Wrong
By ANDREW C. MCCARTHY
June 14, 2023 3:05 PM
Michael Bekesha, the ‘Clinton sock drawer’ lawyer, misses the distinction between agency records and presidential records.
I’ve already extensively addressed why the Presidential Records Act (PRA) is not a viable defense against charges that President Trump unlawfully and willfully retained national-defense information under Section 793(e) of the federal criminal code (which, in hope of avoiding Senator Lindsey Graham’s conniptions, I’ll refrain from calling the Espionage Act). So I’ll state the main point as succinctly as I can: Agency records are not presidential records.
Trump’s case is about agency records regarding the national defense — mainly, classified intelligence reporting generated by U.S. spy agencies. The PRA, by contrast, addresses documents and other records generated by and for the president in the carrying out of his duties.
Significantly, the PRA explicitly excludes agency records from the definition of “presidential records.” Under Section 2201(2)(B) the term presidential records “does not include any documentary materials that are . . . official records of an agency.” As if the term agency were not clear enough, the PRA incorporates the definition set forth in Section 552 of Title 5, U.S. Code. (That definition has been moved. In 1978, when the PRA was enacted, it was in Section 552(e); it is now in Section 552(f).) That provision broadly instructs that an agency is
any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.
Further, the provision broadly defines an agency record to include any information the agency or its contractors maintain in connection with the agency’s operations. Patently, intelligence reports compiled by the Defense Intelligence Agency, CIA, NSA, FBI, and other U.S. national-security agencies are agency records. They are not presidential records by definition and by common sense — i.e., these agencies are created by Congress, their operations are authorized by Congress, they are underwritten with taxpayer funds by Congress, and Congress is empowered to conduct oversight of their activities, which necessitates that agency officials and lawmakers have access to their records.
It is no surprise, then, that the PRA excludes agency records from its coverage.
The remorseless fact that agency records are not presidential records harpoons today’s attempt by Michael Bekesha in the Wall Street Journal to stake out a PRA defense of Trump based on an inapposite case, Judicial Watch v. National Archives and Records Administration (NARA). As I’ve pointed out (here and here), Trump and his defenders have stitched this lower-court ruling to the PRA as a purported defense. Amusingly, Bekesha proclaims that he is well positioned to defend Trump because he is “the lawyer who lost the ‘Clinton sock drawer’ case” — meaning he is now arguing against the position he argued in court.
To repeat, that case did not involve agency records — much less classified reporting by the government’s intelligence agencies. It involved nonclassified tape recordings that President Clinton made with historian Taylor Branch in anticipation of compiling a history of his presidency.
Bekesha was right to argue in the case that the tapes were presidential records, as the PRA defines that term, and that Clinton should thus have archived them with NARA, in accordance with PRA procedures. Instead, the president hid them in a White House sock drawer until his term ended, then took them with him (along with furniture, china, art, and other property the Clintons swiped). Nevertheless, the bottom-line issue in the case was whether NARA had civil-law authority under the PRA to compel Clinton to archive the tapes post-presidency (which would have helped Judicial Watch get access to them, pursuant to the Freedom of Information Act).
That has nothing to do with the issue in the Trump case, which is whether the Justice Department has criminal-law authority to enforce Section 793 in connection with Trump’s unlawful retention of classified agency records — which, to repeat for the umpteenth time, are not presidential records under the PRA.
Note, also, Bekesha’s sleight of hand. He claims that then District Judge Amy Berman Jackson “concluded the government’s hands were tied. Mr. Clinton took the tapes, and no one could do anything about it” (emphasis added). But that’s not what she concluded. She ruled that NARA’s hands were tied, which was the only question before her. She did not and could not credibly have said that no arm of the federal government was authorized to take action to retrieve the tapes. I know you’ll be shocked to hear this, but in 2009, when Judicial Watch began complaining about Clinton’s hoarding of presidential records, the Obama Justice Department had no interest in taking action against the former two-term Democratic president, who had appointed Obama’s attorney general (Eric Holder) as his own deputy attorney general, and who was married to Obama’s secretary of state.
Judicial Watch was thus reduced to nudging NARA to do its job by trying to retrieve the tapes. But Jackson, an Obama appointee, concluded that, as between NARA and Clinton, it was the president, during his presidency, who got to decide whether a record covered by the PRA was either a presidential record that had to be archived, or a personal record that the president could keep for himself.
This goes to a weakness in the Trump PRA arguments that I’ve already highlighted. Even if we ignore that the PRA does not cover agency records, the only documents a president is lawfully permitted to keep without archiving are what the PRA defines as personal records. These are such items as diaries or journals — not agency intelligence reports.
In any event, Judge Jackson’s ruling is unavailing for Trump because the agency reports of national-defense information that he is being prosecuted over are expressly excluded from PRA coverage. But that said, to the extent Jackson reasoned — or is at least being construed as having reasoned — that the president is at liberty to ignore the PRA, that’s just wrong.
Under Section 2203, the president and his staff are supposed to designate documentary materials (which include audio recordings) as either presidential records or personal records “upon their creation or receipt.” Moreover, if the president wants to dispose of materials rather than archiving them, Section 2203 directs that he consult with the archivist and, if they disagree, allow the archivist the opportunity to consult with Congress.
Clearly, Clinton did not comply with the PRA in good faith — what a shock. Berman found that the PRA (a) did not enable NARA to second-guess Clinton’s determination that the tapes were personal records because, implicitly, he had made that decision during his presidency; and (b) did not empower NARA to retrieve the documents from Clinton. On the latter, it’s true that the PRA has no enforcement provisions (we’ll come back to that in a second); on the former, even if NARA lacked its own authority, it could have referred the matter to Congress or the Justice Department to take any action they deemed appropriate. The fact that the judge and NARA had no authority to force other arms of government to take action did not mean that those other arms of government lacked authority to take action — they just lacked interest in taking action.
On the matter of the PRA’s enforcement provisions, Bekesha’s op-ed argument would have more bite if we were talking about what the Biden Justice Department did in connection with the Mar-a-Lago search warrant, as opposed to the Mar-a-Lago indictment.
Recall, with respect to the search warrant, prosecutors and the FBI claimed there was probable cause, not only of Section 793 and obstruction offenses, but also of another criminal statute, Section 2071, which prohibits removing and concealing government documents or files — not just national-defense information but any information.
At the time, I was among the commentators who pointed out that the Justice Department’s inclusion of Section 2071 was controversial. It was thrown into the mix because, for 18 months, NARA had been trying to force Trump to give back all of the government records in his possession. In addition to over 300 documents bearing classification markings, Trump had caused the shipment from the White House to Mar-a-Lago of thousands of other government documents that had never been archived. Trump thumbed his nose at NARA, and NARA could do nothing about it because — as we’ve seen — the PRA does not have enforcement provisions. Had Congress wished to have the statute’s procedures criminally enforced, it could have included in the PRA such crimes as those prescribed in Section 2071. To the contrary, lawmakers decided that would be overkill; they instead trusted presidents to work in good faith with NARA to comply with the PRA’s requirements.
Consequently, by adding the Section 2071 offense to its search warrant, and exploiting that as a basis to seize, not only documents marked classified, but all government records in Trump’s possession, prosecutors were, in effect, amending the PRA to include criminal-enforcement provisions that Congress had declined to incorporate.
In writing the indictment, Biden Special Counsel Smith refrained from including the Section 2071 crime that DOJ had put in the search warrant. This was prudent, especially since Section 2071 had already served its purpose: It expanded the scope of the search warrant enough to enable the FBI to do what NARA couldn’t — retrieve the thousands of files. NARA and DOJ did not want to prosecute Trump for violating the PRA, they just wanted to archive these materials in accordance with the PRA.
Hypothetically, though, if Smith had charged a 2071 offense in the indictment, it would have set up a legal controversy: Was the Justice Department merely enforcing Section 2071, as it is permitted to do, or was it using Section 2071 to criminalize the PRA — i.e., to rewrite Congress’s statute, which it is not permitted to do?
My guess is that the courts would have sided with the prosecutors. The clear terms of Section 2071 indicate that Congress intended it to apply to government officials. Plus, having failed to comply with the PRA’s terms, Trump would have been ill-suited to claim that the PRA gave him immunity from a Section 2071 prosecution. But the issue is not free from doubt.
For what it’s worth, I doubt that Judicial Watch v. NARA would have helped Trump much in this hypothetical situation. Though the former president is understandably treating the “Clinton sock drawer” case as if it were an exalted precedent up there with Marbury v. Madison, it is a really just a questionable opinion by a district court judge who decided, a dozen years after Clinton left office, not to challenge his noncompliance with PRA strictures under circumstances where neither NARA nor the Obama Justice Department had any interest in pursuing the matter. The argument that Michael Bekesha made during the case was better than the antithetical one he posits in the Wall Street Journal today.
But that’s beside the point. To be sure, former President Trump will have arguments to make against the indictment brought by special counsel Smith. But there is nothing illegitimate about the government’s enforcement of both Section 793’s protection of national-defense information and the obstruction statutes. The government’s vital interest in enforcing those criminal laws is patent. And unlike the search warrant, there is no plausible argument that the indictment impermissibly rewrites the PRA — a civil-law provision that applies only to presidential records, not to the agency records at issue in Trump’s prosecution, let alone national-security agency records of secret intelligence.
Andrew C. McCarthy
ANDREW C. MCCARTHY is a senior fellow at National Review Institute, an NR contributing editor, and author of BALL OF COLLUSION: THE PLOT TO RIG AN ELECTION AND DESTROY A PRESIDENCY. @andrewcmccarthy
So how is it the AG Barr would be expected to know what the FBI was hiding?
===========================
By Jeff Mordock - The Washington Times - Wednesday, June 14, 2023
Former President Donald Trump has multiple defenses available to fight federal criminal charges of mishandling classified documents and obstructing justice, legal scholars say.
Among the strongest legal options for Mr. Trump are invoking the Presidential Records Act and suppressing notes from one of his attorneys.
The sprawling, 37-count indictment filed last week by special counsel Jack Smith claims Mr. Trump recklessly handled some of the nation’s most closely guarded secrets, including documents about nuclear programs and potential vulnerabilities of the U.S. and its allies.
Mr. Trump, who pleaded not guilty to the charges on Tuesday in a federal courtroom in Miami, is also accused of blocking the government’s efforts to retrieve the classified materials.
The severity of the charges might make it difficult for Mr. Trump’s legal team to mount a defense, but analysts say some avenues are open to the former president.
“Obviously, this is a serious case, but I think it is a case that could be won by the defense. There are areas of potential vulnerability for the government,” said Kendall Coffey, a former U.S. attorney for the Southern District of Florida, where Mr. Trump was charged.
SEE ALSO: Trump shatters political norms again: Charges ‘will guarantee his nomination’
“The government is relying on testimony from Trump‘s lawyer. It doesn’t always work out when lawyers are put on the stand who cooperated against their own client. That’s just one area of potential vulnerability for the government,” Mr. Coffey continued.
Todd Blanche, a lawyer representing Mr. Trump in the classified documents case, declined to comment on possible defenses.
Mr. Trump and his aides might have already raised the strongest defense: that a president can take any documents he wants under the Presidential Records Act.
The 1978 statute gives the National Archives and Records Administration complete ownership and control of presidential records at the end of an administration but makes a distinction between official records and personal documents.
Defense attorneys could argue that Mr. Trump’s presidential authority granted him absolute power to declassify documents. Mr. Trump has already made that assertion. A president can take government property as personal documents once they are declassified.
“It would radically deflate the government’s case if the defense managed to make a successful argument about the Presidential Records Act,” said Joseph Moreno, a former federal prosecutor.
The full scope of the Presidential Records Act has never been fully litigated and is open to different legal interpretations.
William Barr, who served as attorney general in Mr. Trump’s administration, threw cold water on the idea of invoking the Presidential Records Act. During a recent Fox News interview, he called it “facially ridiculous.”
“They’re the government’s documents — they’re official records,” Mr. Barr said. “They’re not his personal records. Battle plans for an attack on another country or Defense Department documents about our capabilities are in no universe Donald J. Trump’s personal documents.”
Former Trump attorney Timothy Parlatore told CNN last week that the law gives outgoing presidents two years after they leave office to review all their documents to determine which papers are personal and which are presidential.
Mr. Trump was not charged with violating the Presidential Records Act, which has no defined penalties. The statute is not mentioned at all in the 49-page indictment.
“The fact that the Justice Department doesn’t address it in the indictment makes me think they are a little wary of it,” Mr. Moreno said. “I would be all over that if I was on Trump’s team and make that my No. 1 target.”
The various interpretations of the Presidential Records Act likely mean federal appellate courts and, ultimately, the Supreme Court would need to decide its full power and limitations before Mr. Trump’s legal team can invoke it as a defense.
“It’s extraordinarily rare to get an appeal before the case goes to trial, but there is nothing about this case that is normal,” Mr. Coffey said.
Regardless of how a defense involving the Presidential Records Act might shake out, Mr. Trump clearly believes it’s his strongest argument.
“Under the Presidential Records Act, I’m allowed to do all of this,” he wrote on Truth Social after the indictment was unsealed. He repeated that claim in a speech in Georgia over the weekend.
Another potential attack for the defense would be notes written by Evan Corcoran, one of Mr. Trump’s attorneys.
The notes, first recorded into an iPhone and put down on paper, provide some of the prosecution’s strongest evidence. They suggest that Mr. Trump urged Mr. Corcoran to block government investigators from retrieving the classified material and suggested that Mr. Corcoran lie to investigators or withhold the documents altogether.
Mr. Smith gained access to the notes under the crime-fraud exception. The exception allows prosecutors to remove the shield of attorney-client privilege if they have evidence that a client used legal advice to further a crime.
Judge Beryl Howell, the chief judge of the U.S. District Court for the District of Columbia, ruled that Mr. Smith’s team could access Mr. Corcoran’s notes under the crime-fraud exception.
That means Mr. Corcoran, hired by Mr. Trump to fend off prosecutors in the classified documents case, could be a key prosecution witness.
Mr. Corcoran recused himself in April from representing the former president in the documents case but is representing Mr. Trump in other matters.
Legal analysts say the use of Mr. Corcoran’s notes opens up two areas of attack for Mr. Trump’s team.
First, the defense could argue that Mr. Trump’s statements to his attorney were taken out of context and he was asking what is allowed or not allowed under the law.
Defense attorneys also could point out that Mr. Smith asked a federal judge in the more left-leaning District to decide the crime-fraud exception while indicting Mr. Trump in Southern Florida.
“Trump’s team could argue the law for the government is more favorable in D.C. and the government did some maneuvering to get a home-field advantage,” Mr. Coffey said. “The defense can ask a Florida federal judge to reconsider it, arguing precedent is different there.”
If none of these attempts derails the charges, legal analysts say, Mr. Trump’s team could seek trial delays with other motions.
They could keep pushing back the case so it would go to trial after the election. If Mr. Trump wins the presidency, either the attorney general he appoints could withdraw the case or he could pardon himself.
“Even if Trump’s lawyers don’t try to delay it, it is possible that it won’t go to trial until after the election,” Mr. Moreno said. “Classified documents make this more cumbersome because there is an entire process that needs to be gone through to bring classified documents into a civilian court.”
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
"I would rather deep state win this one then fight like hell for someone, frankly, more deserving."
I respectfully but strongly disagree.
GM argues it is already too late, but in my considered opinion this election is our last chance to stop the Deep State. We cannot survive another loss and remain America.
CCP:
Strong points, well made.
That said, let's dig a bit deeper:
As a matter of logic it seems fair to reason that to the extent you demotivate you increase the chances of what all of us here strongly oppose, yes? The same applies to me too btw!
Question: By what process do we get to someone else who both can win and has what it takes to take on the DS and has what it takes to win? And who might that be?
GM raises an interesting question. Now that we experience them going for a take-out (and prison?!?) via the legal system, are we to do the same? And what does that look like in execution? And in aftermath?
IMHO, some we clearly must. Exactly who? and how do we need to go about it to avoid an endless revenge cycle?
I would be more willing to fight for Trump
#1 - if these situations did not arise in part due to his temperament
and impulsive decisions
#2 - if he was at least a perennial winner instead of the opposite
he won by his pubic hair only in the electoral college in '16
we then lost '18, '20. '22 - costing us very dearly
#3 - he has never polled over 50 % !
if he is the only one who could win - we are doomed.
I would be more willing to fight for Trump
#1 - if these situations did not arise in part due to his temperament
and impulsive decisions
#2 - if he was at least a perennial winner instead of the opposite
he won by his pubic hair only in the electoral college in '16
we then lost '18, '20. '22 - costing us very dearly
#3 - he has never polled over 50 % !
if he is the only one who could win - we are doomed.
Great points. My view is I will fight for Trump against targeting and false charges but support someone else for the nomination.
Trump came to the Oval Office without a team and had no chance against the tilted swamp much less the corrupt parts. He made so many hiring mistakes just by his own admission, and that was just the top person in each department, not the rank and file permanent class. He forced no budget constraints, no deeper personnel changes inside of any of the agencies. (To his credit he did deregulate but that didn't weaken these agencies..)
I am hopeful with DeSanrtis. No question that he governs better, has a good team and manages people with a purpose. Is that enough? Who knows. At least he knows what he's up against. Our job is to find and advance the person has the best shot at turning this around. It's hard to say in 2023-2024 that is Trump.
https://www.theepochtimes.com/barr-says-hed-testify-against-trump-in-documents-case-if-asked_5341091.html?utm_source=News&src_src=News&utm_campaign=breaking-2023-06-19-1&src_cmp=breaking-2023-06-19-1&utm_medium=email
Trump has that effect on a very high percentage of people who have worked for him.
Working from memory here so I may be imprecise, but I gather she was part of a law firm where Hunter played a big role.
https://www.nationalreview.com/news/communications-show-trump-team-was-involved-in-georgia-voting-system-breach-report/?utm_source=email&utm_medium=breaking&utm_campaign=newstrack&utm_term=32386970
https://nypost.com/2023/08/14/out-of-all-indictments-georgia-is-the-most-perilous-threat-to-trump/
Also see:
https://www.nationalreview.com/corner/is-the-looming-georgia-indictment-the-most-perilous-for-trump/?lctg=547fd5293b35d0210c8df7b9&utm_source=Sailthru&utm_medium=email&utm_campaign=MJ_20230815&utm_term=Jolt-Smart
https://www.youtube.com/watch?v=YE9TBFX5pUg
checked her out on Wikipedia
and noticed she is divorced since '05
2 children
so at least she was not cheating:
https://en.wikipedia.org/wiki/Fani_Willis
https://www.bizpacreview.com/2024/02/03/report-of-hidden-room-at-mar-a-lago-leaked-to-media-could-another-raid-be-coming-1433551/?utm_campaign=bizpac&utm_content=Newsletter&utm_medium=Newsletter&utm_source=Get%20Response&utm_term=EMAILRaw meat for True Believers and those that suffer from Trump Derangement Syndrome. Hard to squeeze much noise out of a delayed trial, so toss a secret room into the echo chamber and let the memes and dark conclusions fly.
Apparently the authorization is SOP, but given the Secret Service protection, SOP was highly inappropriate.
https://amgreatness.com/2024/07/15/federal-judge-dismisses-jack-smiths-classified-documents-case-against-trump/
https://theconservativetreehouse.com/blog/2024/11/01/foia-reveals-long-hidden-transcript-of-president-obama-talking-to-progressive-media-about-the-trump-russia-fraud-story-3-days-before-trump-2017-inauguration/