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NYT v. Sullivan Unfortunately Lives to Fight Another Day
Justice Clarence Thomas said it “comes at a heavy cost, allowing media organizations and interest groups ‘to cast false aspersions on public figures with near impunity.’” It is New York Times v. Sullivan, America’s defining defamation law and it unfortunately lives to fight another day. Or mess one up.
Thomas, along with others on the Supreme Court, declined earlier this month to revisit the landmark First Amendment decision in New York Times v. Sullivan, rebuffing a request (the case involved a man falsely accused in the press of being a felon) to take another look at decades-old precedent that created a high bar for public figures to claim defamation in civil suits. Since 1964 the media relied on the case to fend off costly defamation lawsuits brought by public figures. The ruling established the requirement that public figures show “actual malice” by the press before they can succeed in a libel dispute.
Defamation is untruths commonly referred to as libel if in print. Five standards have to be met when the defamation takes places between the media and a public figure: 1) the defamatory words have been published; 2) The person being defamed was identified by the statements; 3) The remarks had a negative impact on the person’s reputation; 4) The named Defendant wrote the defamatory remarks; 5) The published information is demonstrably false or was published with a reckless disregard for the truth. That means it was published without investigating whether it was accurate.
New York Times v. Sullivan held the First Amendment protects media even when they publish false statements, as long as they did not act with actual malice. What happened in the case was civil rights leaders had run a full-page fund raising ad in the Times, describing “an unprecedented wave of terror” by the police against peaceful demonstrators in Montgomery, Alabama. Not all the bad things they accused the cops of doing were true, and made the police look worse then they were. So L.B. Sullivan, in charge of the cops in Montgomery, sued the New York Times for libel, claiming they printed something they knew was false to harm his reputation. After losing in a lower court, the Times appealed to the Supreme Court and won.
The Times argued if a newspaper had to check the accuracy of every criticism of every public official, a free press would be severely limited, and that the 1A required the margin of error to fall on the side of the media in the cases of public officials. In short, mistakes were going to be made even with good intentions by the media. The Court created a new standard for libel of a public figure, “actual malice” defined in short as having the knowledge that something was false or published with “reckless disregard” for truth. Justice William Brennan asserted America’s “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open.” Free and open debate about the conduct of public officials, the Court reasoned, was more important than occasional, factual errors that might damage officials’ reputations. The standards laid out in Sullivan are why The New York Times has not lost a libel case in America ever since.
In the recent case the Court just refused to hear (Thomas still wants to review Sullivan but said the current case is not the right vehicle for that), Don Blankenship v. NBC Universal, local media labeled Blankenship a felon, causing him to lose a run for the West Virginia Senate, he maintains. The truth is that Blankenship committed a misdemeanor and was sentenced to one day less than if the case had involved a felony charge. In arguing for Blankenship to a lower court, his attorneys wrote “The actual malice standard poses a clear and present danger to our democracy. New York Times v. Sullivan and its progeny grant the press a license to publish defamatory falsehoods that misinform voters, manipulate elections, intensify polarization, and incite unrest.”
Attorneys for the media outlets successfully urged the justices not to take up the case, arguing the reporting mistakes were honest ones. “There is good reason why the actual malice standard of New York Times has been embraced for so long and so often,” the media organizations told the justices. “At its essence, the standard protects ‘erroneous statements honestly made.’ While it permits recovery for falsehoods uttered with knowledge of falsity or with reckless disregard for the truth, it provides the ‘breathing space’ required for ‘free debate.’ A free people engaged in self-government deserves no less.”
Those are the standard Sullivan arguments. It’s just that Justice Thomas does not agree. The Sullivan ruling and ones elaborating on it, he wrote, “were policy-driven decisions masquerading as constitutional law” with “no relation to the text, history or structure of the Constitution… the actual-malice standard comes at a heavy cost.” His colleague Justice Neil Gorsuch, in an earlier statement, wrote “What started in 1964 with a decision to tolerate the occasional falsehood to ensure robust reporting by a comparative handful of print and broadcast outlets has evolved into an ironclad subsidy for the publication of falsehoods by means and on a scale previously unimaginable.”
It may indeed be time for a change. Sullivan was written for a different media world, one dominated by a handful of huge companies like the New York Times which could be held to high standards. They were assumed to be honorable in their work, and if a mistake was made it was most likely an accident. Reporting was just that, news, reported out to the people are accurately as possible. Not so in 2023. The media is a splintered mess, with teenage YouTube influencers reaching vast audiences, challenging the giants of yesterday to a share of the market. These micro-outlets have no fact checking staff, are typically run by people with no journalistic training and maybe not even a high school diploma, and are gloriously, joyfully not trying to be fair and accurate. They traffic instead in gossip and innuendo, smearing together fact and fiction because that attracts eyeballs to their work, their only standard.
This sort of competition affected the mainstream media, which became more and more partisan and less concerned about the truth if a story brought in readers. One need only look at the embarrassing bits of what passed for journalism as major should-know-better outlets like the Times and the Washington Post reported falsehood after falsehood throughout Russiagate and indeed the entire Trump administration. Given the freedom to make mistakes in the name of the First Amendment, these organs instead took that as license to play at the line of reckless disregard for the truth. How else could a Pulitzer prize be awarded in part of placing Trump fixer Michael Cohen in Prague to meet with Russian spies, or claim a Trump Organization email server was instead a secret communications portal to the Kremlin via Alfa Bank? How could the standard in Sullivan meant to promote robust debate end up protecting a serious column in the Washington Post headlined “Here are 18 reasons Trump Could Be a Russian Asset” without the retort of a defamation suit available?
Sullivan was meant to protect the underlying value of debate even in the face of product of carelessness and substandard journalistic methods. Its era has passed, wasted by the modern media on confections like YouTube and frauds like Russiagate. The Times of 1964 earned the right to make mistakes in service to a greater good; the Times of 2023 would embarrass its earlier self in how it has exploited such a gift.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Political Assassination of Donald Trump: Shots Fired
Democrats remain terrified of Donald Trump and will continue to do their worst to keep him from the ballot, where he has beaten them before. Political assassination attempts stretch from the near-comical to the deadly serious.
The most current attempt harkens back to one of the earlier ones. A handful of lawyers discovered the 14th Amendment, hidden away in plain sight inside the Constitution, actually was designed to drive Trump from the ballot. The Amendment, Article 3, states government officials who supported insurrection against the United States were not eligible for future office. Now despite that this was written to address the question of what to do with Confederate officials following the Civil War, modern lawyers have decided: a) Trump made a speech on January 6 as part of an insurrection and so b) his name cannot appear on any state ballot. Left undiscussed is who the hell are “they” to determine J6 was an actual insurrection on scale with the Civil War and not some naughty MAGA cosplay with absolutely zero chance of altering the election results, and the fact that Article 1 of the same Amendment mentions due process, of which the current legal thinking includes none.
This all reminds of the early Trump days citing of the Constitution’s Emoluments Clause, basically saying a president could not accept gifts from foreign countries (full disclosure: one of the worst Emoluments violators was eighth President Martin Van Buren, no relation.) The thinking way back in 2016 was the Founders had this scenario in mind: Trump owns some foreign hotels. Foreign people stay there. Some of the foreigners were government officials. Some tiny portion of each stay went into Donald’s pocket. Shazam! He was guilty of accepting official foreign gifts and violating the Emoluments Clause.
But that was all small change; the real money on getting rid of Trump before he was even sworn in, or handicapping his administration if he took office, was Russiagate. It was all the rage in 2016 and beyond — Trump colluded with the Russians because they had a tape of him with prostitutes doing Golden Showers. Or because he wanted to build a hotel in Moscow, one or the other. There was proof everywhere and Robert Mueller’s corpse was shocked back to life to investigate it all ahead of an impeachment-lynching party. In the end the whole thing was made up. A multi-year effort involving the three-letter agencies FBI, CIA, CNN, NBC, ABC, and CBS was based on tall tales from anonymous sources sifted into the zeitgeist by a former MI6 operative named Chris Steele. Oh, right, and Steele was paid entirely by the Clinton campaign.
The next swing at the piñata came from some little scab of a Lieutenant Colonel on the National Security Council, and some punks at the State Department, known as Impeachment 1.0. Using a cutout “whistleblower,” the cabal alleged Trump temporarily withheld arms from the Ukraine (before it became our 51st state under Joe Biden) until Kiev investigated and turned over the dirt on the Biden family. It turned out Trump did indeed temporarily withhold arms from the Ukraine (before it became our 51st state under Joe Biden) hoping Kiev would investigate and turn over the dirt on the Biden family. This is known as “foreign policy” or an “investigation.” Somehow the impeachment hinged on one transcripted phone call by Trump, so the evidence was not even in question, just how stupid the interpretation could be. Nothing stuck and the process failed to remove Trump from office.
After all that there was Impeachment 2.0 which had something to do with January 6, wasn’t finished until Trump had already left office, and did not matter because, significantly for the 14th Amendment crowd, Trump was not convicted of incitement or insurrection.
The broader problem is short of simply shooting Trump in the head, the guy never seems to go down. Every effort, and there were many, failed to get him off the ballot in 2016, cripple his administration, or drive him from the White House. Trump lost to Joe Biden in 2020 and that should have ended the matter. Trump should have taken his seat on The View and all these efforts to depose him should have faded into political history. The specific problem is that Trump never stopped running for president, and now must finally be stopped. The plan this time is to use the judiciary to achieve what it looks like the ballot box cannot, literally locking Trump in jail in hopes that from behind bars he cannot become president. There are five current efforts.
First up is Stormy Daniels again. Somehow a partisan prosecutor in a fully Democratic district managed to squeeze 34 felony counts out of this, centered on falsifying business records, which Trump is accused of doing to cover up the hush money payments to Daniels. Now leaving aside there is nothing illegal per se about “hush money,” (people receive payments all the time as part of nondisclosure agreements) this attempt to throw Trump in jail will rely on witnesses as pristine as Stormy herself, followed by stand-up guys like Michael Cohen. If the jury is at least close to fair when seated, the case has little chance of jailing Trump.
Second in line is a civil defamation case financial judgement. Four months after a jury found that Donald Trump defamed advice columnist Jean Carroll, a judge ruled still more of the ex-president’s comments about her were libelous. The decision means an upcoming second trial will concern only how much more he has to pay her. No possibility of jail time.
Next is the so-called Mar-a-Lago documents case. This centers on the former president endangering national security by mishandling classified documents after leaving office. Additionally, the case looks at how Trump obstructed FBI efforts to take back the documents. It will delve into the minutia of the classification system, and likely invoke the Supreme Court to decide how much leeway a former president has in declassifying documents. It is no small matter, legal-issue wise, as it affects not only Trump but every president to come (Joe Biden and Hilary Clinton also unlawfully had classified documents in their possession outside of the office but we don’t seem to care much about these cases.) Classification cases cases which don’t involve major espionage or spillage are usually settled by fines, as may be this one, unless the government can make a big deal about the obstruction part. A lot depends on proving Trump knew he was doing something wrong, mens rea, a tough ask with a fella like Trump who talks pretty. The matter is unlikely to result in jail time.
The Georgia election interference case, like Impeachment 1.0, seems to hinge on a single phone call, in this instance an ambiguous request by Trump to an election official to find him some more votes. Ambiguous in the sense that one reading is Trump requesting some sort of recount, while another is he is demanding the official create votes by some nefarious means. Another case of a partisan Democratic prosecutor in a fully Democratic district showing how her predecessors once rigged trials by choosing all-white juries. The new feature here is the prosecutor has come up with not only 13 felony counts against Trump himself stemming from a single incident, but also charged 18 associates, including Rudy Giuliani (once America’s mayor, how fast the looks fade) with various crimes. The implication is one of those people will turn evidence on Trump to save their own skin. The problem is that the Georgia case did not have any successful interfering; Trump still lost the state. That means the whole thing is going to bog down in conspiracy accusations — boring — and fail to capture public attention. Trump’s lawyers are also actively seeking a change of venue to get the case to more neutral jury selection territory. If they succeed, the chances of success against Trump seem slim. A guilty conclusion with some sort of fine seems likely.
The prosecution which has the greatest potential of shaping the next part of the Trump story is also likely to be the first major case heard, in March 2024, regarding Trump’s role in the events of January 6. At stake is not only a good portion of Trump’s political future, but also very serious questions about the First Amendment. What can someone legally say and do after losing an election? Of all the charges, incitement is not on the list, though it looks in part as if Trump is being held responsible for the actions of the mob. The charges focus again on conspiracy, though this time the stakes are very high, conspiracy to defraud the United States and its voters, practically a hanging offense. The J6 mob (and Trump) had no chance of overturning the 2020 election, so in some ways conspiracy is a thin thread to suspend the whole affair from. On the other hand, it may be easy to prove, especially if Mike Pence or another senior official turned evidence in their depositions and testified against Trump. The seriousness of the matter points towards jail time, as has been the case with all the other J6 defendants. It may not be the future of our democracy at stake, but it is certainly a good shot at the future of Donald Trump if the prosecution can wrap things up before the election.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Leave Trump Alone (Because It Does not Matter)
The narrative is set. Everything between now and November 2024, absent an actual alien intervention, is filler material.
Trump will ride his narrative to the polls, campaigning even if in hand cuffs and an ankle monitor. He is, he will make clear, the victim of a Democratic plot to weaponize “justice,” dating back to 2016 when Hillary was let off scot-free for her email shenanigans, followed by the FBI’s concocted Russiagate, two impeachments, and now a carousel of indictments. His opponent is Joe Biden, older than Yoda but presenting more like Jar Jar, crooked in cahoots with his scum bag son to hard suck bribe money out of eastern Europe. Sleepy Joe’s narrative is to count on the same FBI going after Trump with both barrels to shuffle its feet investigating him and Hunter through the election, with a final surge under the slogan “Oh who cares, I’m not Trump!” to wrap things up. It’s all a rich tapestry.
The problem is it is compelling; there is a lot of truth underneath the showmanship. There was David Petraeus, Obama’s CIA Director, who leaked secret docs to his girlfriend, and Sandy Berger, Clinton’s NSA Director, who stole secret docs. But it was Hillary who did get away with it all, at the FBI’s discretion (so much for one law for everyone) what Trump has been accused of in Mar-a-Lago. Hillary Clinton maintained an unsecured private email server which processed classified material on a daily basis. Her server held at least 110 known messages containing classified information, including e-mail chains classified at the Top Secret/Special Access Program level, the highest level of civilian classification. The FBI found classified intelligence improperly stored and transmitted on Clinton’s server “was compromised by unauthorized individuals, to include foreign governments or intelligence services, via cyber intrusion or other means.”
Clinton and her team destroyed tens of thousands of emails, evidence, as well as physical phones and Blackberries which potentially held evidence — obstruction as clear as it comes. She operated the server out of her home kitchen despite the presence of the Secret Service on property who failed to report it. A server in a closet is not as dramatic a visual as boxes of classified stored in a shower room, but justice is supposed to be blind. More recently, what of Mike Pence and Joe Biden, both of whom have escaped indictment so far on similar charges of mishandling classified information. Trump voters know if the FBI is going to take a similar fact sets and ignore one while aggressively pursuing another, it is partial and political. No matter which candidate wins and loses, DOJ’s credibility is tanked.
The Stormy Daniels case, and the guilty finding in the Jean Carroll defamation case, reek of politics. Neither case would have seen daylight outside of Democratic hive New York, and neither could have held up outside a partisan justice system that permits it to ignore Jeffrey Epstein’s death in custody or a city in a crime tornado (New York in the past year reduced 52 percent of all felony charges to misdemeanors, opposite of what was done to Trump) while aggressively allowing the system to pursue a decades-old rape case of dubious propriety.
Witch hunt meet Hunter. New York District Attorney Alvin Bragg ran for office on the promise to prosecute Trump. He fulfilled a campaign promise and paid off his George Soros-connected backers. Bragg, in the words of law professor Jonathan Turley, had a “very public, almost Hamlet-like process where he debated whether he could do this bootstrapping theory [bumping misdemeanors up to felonies in the Stormy case.] He stopped it for a while and was pressured to go forward with it. All of that smacks more of politics than prosecutorial discretion.”
Calling it all a witch hunt is just a starting point. The point here is not innocence; it is whether the justice system is going to take fact sets and ignore one while aggressively pursuing another, risking being seen as partial and political. No matter which candidate wins or loses, credibility is tanked.
Still to come (at the least) are whatever judicial actions will emerge from the Special Prosecutor over Trump’s role in January 6, and legal action over the 2020 Georgia vote count (with another Democratic openly anti-Trump prosecutor.) Trump jokes in his stump speech nowadays every time he flies over a Blue State he gets another subpoena. He could easily head into the Republican convention to accept the nomination with multiple convictions and/or indictments on his shoulders. It won’t matter. The justice system is going to take fact sets and ignore some while aggressively pursuing others, partial and political plain as day. No matter which candidate wins, credibility is tanked. It grinds that most of the serious charges against Trump are under the hoary Espionage Act, seen by many as reviving the now-discredited trope Trump was a Russian agent.
Mostly overlooked for now is how much of the apparent evidence against Trump at Mar-a-Lago came from his own attorneys. Attorney-client privilege is recognized as one of the cornerstones of fairness in our system. In the Trump case, the Justice Department used the one major exception to privilege, when the communication is intended to further a criminal or fraudulent act, to compel Trump’s lawyers to give evidence against their own client. Justice asserted Trump lied to his own team about having no more classified documents, and that this constituted a crime of fraud and maybe obstruction, and thus privilege is not available and Trump’s lawyer can be made to testify against his client. The crime or fraud exception to attorney-client privilege itself has a long history, dating back to English common law. In the United States, the crime or fraud exception was first recognized by the Supreme Court in the 1840 case of United States v. Privileged Communications. But Trump’s supporters are unlikely to read deeply into the case law; all they’ll see is what looks like strong-arm tactics by the Department of Justice. No matter which candidate wins and loses, DOJ’s credibility is tanked.
The thing is no one has to work very hard to convince Trump supporters of the truth of what he is saying, that he is the victim. Trump support remained unmoved by the many investigations that plagued his presidency. Even during peak crises, views of him were static. Post-presidency polls continued the trend. Public opinion of Trump remains remarkably stable, despite his unprecedented legal challenges, and about half of Americans do not see his behavior as disqualifying, sharper if you divide along partisan lines. When asked if Trump’s legal troubles would impact their views of him, two-thirds of his supporters said it would not make a difference. That’s a committed bunch. Perhaps just as important, 57 percent of voters, including one-third of Democrats, said the indictment in New York earlier this year was politically motivated.
No one can say who will win in November 2024, but one loser is certain, faith in the rule of law by a large number of Americans. They will leave the polls certain the system was bent to “get” Trump, either saddened by the fall of blind justice or saddened that it did not work and Trump remined a powerful figure with a large movement behind him, either in or out of the Oval Office.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Final Durham Report: Democracy’s Horror Show
Hillary knew. She knew her campaign paid for Russian disinformation (including the alleged pee tape accusations) to be washed through a report by former British intelligence officer Christopher Steele. She knew the information was false but could potentially allow her to win the election. Hillary lied to the FBI about all this, and lied to the American public. Such was her appetite.
The FBI knew. They knew none of the information in the Steele Report could be corroborated, and they knew most of it was false. They turned a blind eye, purposefully and with the intent to defeat Donald Trump in the 2016 election, to basic investigative and tradecraft rules to use the corrupt information to surveil the Trump campaign via the FISA court. When Trump won the election anyway, the FBI continued to use this information to assault the loyalty and viability of President Trump and ultimately tried to use the information via the Robert Mueller investigation to impeach or indict Trump.
Only one person went to jail for all this, a minor player named Kevin Clinesmith for provided false info to the FISA court. No changes are planned for the FBI. No charges are to be brought against Hillary Clinton. The Deep State came within an eyelash of bringing down an unwanted president as surely as they are believed to have done in Dallas ’63. Words were the weapon this time, not bullets.
These are the conclusions of the final Durham Report released last week. The report was written by former Connecticut U.S. Attorney John Durham, who was chosen in 2019 to examine the FBI probe known as “Operation Crossfire Hurricane.” Durham provides the only comprehensive review of what came to be called Russiagate, and shows how close to the edge our democracy came to falling into the abyss at the hands of the Deep State. It all sounds dramatic, as those terms have been bandied about so often and in so many contexts they may have lost some of their meaning. But make no mistake about it — the FBI tried to shape the 2016 election and failing, tried to run Trump out of office. If you thought the “Hunter Biden Letter,” the one signed by dozens of intelligence professionals calling the Biden Diaries potential Russian disinformation was just wrong, you should find the conclusions of the Durham report a horror show.
There was nothing true in the Steele Report, for example, this key paragraph: “Speaking in confidence to a compatriot in late July 2016, Source E, an ethnic Russian close associate of Republican US presidential candidate Donald TRUMP, admitted that there was a well-developed conspiracy of co-operation between them and the Russian leadership. This was managed on the TRUMP side by the Republican candidate’s campaign manager, Paul MANAFORT, who was using foreign policy advisor, Carter PAGE, and others as intermediaries. The two sides had a mutual interest in defeating Democratic presidential candidate Hillary CLINTON, whom President PUTIN apparently both hated and feared.”
The FBI had no intelligence about Trump or others associated with the Trump campaign being in contact with Russian intelligence beyond Steele. Despite being unvetted and uncorroborated and coming from a single source with direct political ties to Trump’s opponent, the FBI used such accusations to justify a full-spectrum surveillance operation against the Trump campaign, the first known such operation in American history. The FBI omitted the fact from its FISA application that Carter Page was in fact not a Russian agent but a paid source for the CIA who had been vetted by the Agency as loyal and reliable. They just lied and even when the lie could not be ignored the FBI lied more times to keep the surveillance application alive before the FISA court.
Durham found investigators “ignored exculpatory evidence, put too much stock in information provided by Trump’s political opponents, and carried out surveillance without genuinely believing there was probable cause to do so.” “Throughout the duration of Crossfire Hurricane, facts and circumstances that were inconsistent with the premise that Trump and/or persons associated with the Trump campaign were involved in a collusive or conspiratorial relationship with the Russian government were ignored or simply assessed away,” Durham wrote. The FBI acted “without appropriate objectivity or restraint in pursuing allegations of collusion or conspiracy between a U.S. political campaign and a foreign power.”
It could not be more clear. The FBI knew what it was doing was wrong and did it anyway because the ends, defeating Trump, appeared to justify the means. No surprise, that has been the slogan behind every democratic election U.S. intelligence agencies have overthrown overseas, so why not follow the same logic when the tools of war came home to attempt to drive the 2016 election to Hillary Clinton.
We now know that almost all of the disinformation in the Steele Report came from one man, Igor Danchenko (whom the FBI had until 2011 investigated as a Russian spy.) Danchenko also fed disinfo to a Clinton supporter and registered foreign agent for Russia, Charles Dolan (who was known to but never interviewed by the FBI) to pass on the Steele to further obscure its origin. But according to the Durham report “The failure to identify the primary sub-source [Danchenko] early in the investigation’s pursuit of FISA authority prevented the FBI from properly examining the possibility that some or much of the non-open source information contained in Steele’s reporting was Russian disinformation (that wittingly or unwittingly was passed along to Steele), or that the reporting was otherwise not credible.”
Everyone knew. The Durham Report confirms on August 3, 2016, the Russiagate allegations were briefed to President Obama, Vice President Joe Biden, and FBI Director James Comey by CIA Director John Brennan at an Oval Office meeting. None of the men briefed, and none of the agencies involved, did anything to intercede in the FBI’s efforts alongside the Clinton Campaign to manufacture collusion between Trump and Russia. Indeed, everyone allowed the falsehoods to linger into the Mueller Report and when that document concluded publicly there was no collusion between Trump and the Kremlin, pivot the same pile of falsehoods to claim Trump somehow obstructed an investigation which actually exonerated him, concluding without indictment as it did.
As for the FBI, the Durham report brutally tells us “the FBI failed to uphold their important mission of strict fidelity to the law.” That they “displayed, at best, a cavalier attitude towards accuracy and completeness.” That the Bureau “disregarded significant exculpatory information that should have prompted investigative restraint and re-examination… there were clear opportunities to have avoided the mistakes and to have prevented the damage resulting from their embrace of seriously flawed information that they failed to analyze and assess properly.” And that “senior FBI personnel displayed a serious lack of analytical rigor towards the information that they received, especially information received from politically affiliated persons and entities.” That “important aspects of the Crossfire Hurricane matter were seriously deficient.” The Report concludes “although recognizing that in hindsight much is clearer, much of this also seems to have been clear at the time.” As for recommendations, the Report states “more training sessions would likely prove to be a fruitless exercise if the FBI’s guiding principles of Fidelity, Bravery and Integrity are not engrained in the hearts and minds of those sworn to meet the FBI’s mission of “Protect[ing]the American People and Uphold[ing] the Constitution of the United States.”
Without the help of the FBI Russiagate would have been nothing but a flimsy Clinton campaign scam. Thus the Durham Report offers one over-arching implied conclusion: Be skeptical of the FBI and watch accusations of collusion and foreign interference closely around the 2024 election. Treason is indeed a twisty path.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
A Spectator Looks at the Durham Report
This week’s Durham Report is as close as we’ll get in our lifetimes to proof the Deep State, working in concert with the mainstream media, exists.
The final 306 page Durham Report was released this week. The report was written by former U.S. Attorney John Durham, who was chosen in the aftermath of the Mueller Report to examine the FBI probe known as “Operation Crossfire Hurricane.” Durham in this final report provides the only comprehensive review of what came to be called in total “Russiagate,” and shows how close our democracy came to failing at the hands of the Deep State. We now know the FBI took disinformation produced by the Russians and used that to justify spying on the Trump campaign. Though Durham does not go into the MSM side of Russiagate, we also now see more clearly how the media played along to press a fully-false narrative of collusion right to the precipice of impeachment or indictment.
The short summary of Durham: willingly or via incredible sloppiness, the FBI participated in an information operation designed first to keep Donald Trump out of the White House and failing that, drive him from office. The op was funded by the Clinton campaign, who paid former British intelligence officer Christopher Steele to create a “dossier,” a report based on Russian disinformation funneled to him by Igor Danchenko (whom the FBI had until 2011 investigated as a Russian spy.) Without vetting or investigating the (dis)information, the FBI used it alongside a tip from a shady Australian diplomat to open full-spectrum surveillance of Donald Trump and his associates, lying to the FISA court along the way. This was the first known time such a thing was undertaken in American political history. The goal was to show collusion between the Trump campaign and the Russian government. When that failed, the FBI pivoted into providing the bulk of data behind the Mueller Report. That Report was designed to take down, via impeachment or indictment, a sitting president and if that too failed, disempower him for much of his term. If you want to call it a soft coup attempt you would not be far off.
As for the FBI, the Durham report unsparingly tells us “the FBI failed to uphold their important mission of strict fidelity to the law.” That they “displayed, at best, a cavalier attitude towards accuracy and completeness.” That the Bureau “disregarded significant exculpatory information that should have prompted investigative restraint and re-examination… there were clear opportunities to have avoided the mistakes and to have prevented the damage resulting from their embrace of seriously flawed information that they failed to analyze and assess properly.” As for recommendations so that such a thing never happens again, the Durham Report weakly offers none and states “more training sessions would likely prove to be a fruitless exercise if the FBI’s guiding principles of Fidelity, Bravery and Integrity are not engrained in the hearts and minds of those sworn to meet the FBI’s mission of “Protect[ing]the American People and Uphold[ing] the Constitution of the United States.” There was a bias at the heart of Crossfire Hurricane that kept agents from carefully examining evidence.
Durham generously does not state the FBI acted incompetently on purpose (it is chilling however to remember FBI agents Peter Strzok and Lisa Page exchanged texts saying “Page: ‘Trump’s not ever going to become president, right?’ Strzok: ‘No. No he’s not. We’ll stop it.’”), allowing some space for beginner’s mistakes such as not vetting Christopher Steele’s sources and methods. Was it active or tacit support by the FBI? Durham does not say. It all does suggest why Robert Mueller walked so close to the edge of indictment and backed off. If his indictments did not hold up under court scrutiny, the people in charge of all this would have been exposed. Mueller was protecting his beloved FBI from the criticism Durham just laid bare. There was a bias at the heart of Mueller’s work that kept agents from carefully examining evidence.
Christopher Steele meanwhile was worth his weight in gold to Clinton: he got the FBI to launch a full-spectrum investigation that included eavesdropping, use of a honey pot dangle, and foreign agents, all of which lead to three years of Mueller and right to the door of impeachment.
Steele’s second prong was the media. Steele set himself up as a source to compliant media about the dossier without revealing to them he was the author of the document. This information loop made it appear a second entity was confirming the contents of the dossier, when in fact it was Steele surreptitiously confirming himself. It’s an old spy trick, getting inside, becoming your own corroborating source. In intelligence work, for the receiver of information, this is known as cross-contamination, an amateur error the FBI seemed OK with. The scam also generated cover for all the politicians and intelligence operatives. They could go to their bosses and say the New York Times found a source confirming what they were hearing from Steele. There was a bias at the heart of the MSM which kept journalists from carefully examining evidence.
And in the end… not much. Only one person was ever convicted of anything (a future Jeopardy! clue, “who was Clinesmith for lying to the FISA court”) and no one in the media was driven into early retirement; on the contrary, Pulitzers were awarded for reporting Russian disinformation laundered through Steele and the FBI. Hillary Clinton came within a sharp breath of beating Trump, and the information op would have played a large part in that. But the lessons learned are not for them. This time they are for us, or rather for us in 2024. We must be more skeptical of any claims of foreign collusion, more watchful of the FBI, and tougher critics of the media. We need to reject salacious gossip (ex. the pee tape) pretending to be news. We will need to spend less time debating the existence of the Deep State and more time reigning it in.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The DNI Two-Step and Trump
If you play poker with a guy named Doc often enough you learn to watch his hands carefully when it’s his turn to hold the deck. Same when the Director of National Intelligence (DNI), the Intelligence Community (IC), and the FBI sit down at the table with the American people.
The game right now is will he or won’t he; will Attorney General Merrick Garland indict Donald Trump over something to do with classified information held at Mar-a-Lago? Everyone is holding their cards tight to the vest, but the deal just passed to the DNI and the game is about to get serious. Stakes are high; in the pot is the presidency of the United States.
DNI Avril Haines said that DNI “will lead an Intelligence Community assessment of the potential risk to national security that would result from the disclosure of the relevant documents” including those seized. She said the DNI was aiming not to interfere with the ongoing criminal investigation, to which everyone at the table had better shout “bull.” A review of potential risk means the DNI can show a pair of twos and claim they are kings. The DNI’s whole point is to interfere with the investigation, same as they did with Hunter’s laptop, Russiagate, and the Clinton server before that. The IC is as much a part of our elections now as it ever was in any other banana republic.
It works like this: using classified methods in secret to look at classified documents the DNI will come to conclusions about what might happen to the security of the United States if those documents were to fall into “the wrong hands,” i.e., the hands of their choosing and certainly a worst-case scenario.
Without revealing the documents’ contents or why those contents are so important, the DNI gets to say how bad things would be and your role as the public is to believe them and vote accordingly. Since it is a worst-case scenario game, the DNI will no doubt — without any evidence anyone but Trump saw the docs — proclaim nearly the end of the world, that pair of kings. The goal of course would most certainly be to influence the investigation or, more precisely, influence the public opinion outcome. It’s a remake of the January 2017 intelligence community assessment (another form of make it say what you want it to say document) which claimed, without evidence, that Vladimir Putin wanted to put Trump in the Oval Office. Or the 2020 IC letter claiming the Hunter Biden laptop was Russian disinformation.
Right now the DOJ has very little to prosecute on, basically that Trump held on to some (maybe) classified documents at Mar-a-Lago. Did anyone see them? Was there any chance a foreign adversary got a peek? DOJ needs more than simple possession (albeit a crime) to go after a once and perhaps future president and may not have it. The docs may never have left lock and key. Mar-a-Lago surveillance tapes may not show Boris Badenov walking in and out of frame; enter the IC.
The DNI document review itself will of course not be made pubic. In discussing which sources and methods might have been damaged it will need to be more highly classified than the original documents. We’ll never see the Review. But better than the entire document, we’ll all see the leaks, the little snippets meant to take down Trump that will inevitably leach into the New York Times and Washington Post. The IC will provide the ammunition, in carefully measured amounts, DOJ needs to make the unclassified case to the public the classified stuff they’ll never see is a big, big deal.
Conspiracy theory? Ask yourself how crime scene-like photos have already leaked from the Mar-a-Lago investigation as compared to say, the Jeffery Epstein case. Imagine a crime scene-like photo of children’s underwear strewn across the floor, stuff investigators allegedly found in Epstein’s desk. DOJ and Trump have been bickering about these documents nearly since he left office; why was the spectacular raid held just weeks ahead of the midterms?
This is by now a familiar song. Remember the role the IC played in the 2020 election in making sure Hunter Biden’s laptop and its contents would not influence Americans. As the New York Post broke the story that a laptop full of Hunter Biden’s files contained potential evidence of a pay-for-play scenario involving then-candidate Joe Biden just ahead of the presidential election, almost in real time more than 50 former senior IC officials signed a letter dutifully published by Politico claiming the emails “have all the classic earmarks of a Russian information operation.” The signers said their national security experience made them “deeply suspicious the Russian government played a significant role in this case. If we are right this is Russia trying to influence how Americans vote in this election, and we believe strongly that Americans need to be aware of this.” Small world — the U.S. spy chiefs who signed that infamously misleading letter, including John Brennan, Leon Panetta, Michael Hayden, and James Clapper, directed America’s IC while Biden was vice president.
The letter was an act of evil brilliance, the weaponization of opinion. It played off cultivated prejudices from 2016 that the Russians manipulated American elections. In fact, most of the signatories — James Clapper and John Brennan among them — had played key roles in misdirecting public opinion around the DNC-server hack and later the whole of Russiagate. Among the establishment, the meme quickly became into “the laptop is fake.”
The major difference in this case was the establishment’s willingness to actively block information. With the letter as “proof” the laptop was disinformation, the media took the handoff. Twitter locked the New York Post‘s account after the Post refused to obey Twitter’s orders to delete its own truthful reporting. Twitter even banned links to the story in direct messages. Facebook announced it would not allow discussion of the issue pending a “fact check,” which never came. Establishment media outlets labeled the laptop fake, social media blocked the news, and the public basically fell in line and voted for Joe without knowing squat about what he and his son Hunter had been up to. Many still do not.
More recent information exposes the IC plan in greater detail, to include the FBI specifically approaching Facebook and Twitter to tell them not to allow the story. Claims of not interfering with the election were fully false, with a cover up until when it seems not to matter anymore, to boot. Like the whole of Russiagate, it was all made up, and the IC worked hand-in-glove with the Democratic media to hide information. Hunter Biden’s laptop had the potential to change the outcome of the 2020 election, and everyone knew it.
So be careful when the inevitable DNI/IC leaks about how serious the whole Mar-a-Lago affair is show up. Now, after all that you wanna play another hand of poker with these guys? Sure, let old Doc here deal you in, sucker…
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Mueller Report, January 6, Mar-a-Lago, and the Abyss
Dear Merrick Garland:
One of the problems with the Abyss is you often don’t realize how close you are to falling in until too late in the game. Watching the seemingly endless January 6 hearings and Mar-a-Lago search throw mud against the political wall in hopes something sticks, it is easy to forget how close we came to impeaching or prosecuting a president based on false information, and in that process wrecking our system of rule of law. Remember what was at stake — the President of the United States was accused of being a Russian agent. Then there was a backup plan to get Trump, an indictment for obstruction of justice based on obstructing a case which could only have exonerated him, based on false info as it was. It is all worth revisiting as the January 6 Committee and the FBI contemplate empty but politically juicy criminal referrals.
As we look at gaps in the January 6 story, older questions remain: why didn’t the Mueller Report say the obvious, that the Steele Dossier and all that flowed from it via Crossfire Hurricane, was based on bogus information created by a politicized FBI, that there was no Russiagate? And why didn’t Trump say the same thing, explicitly (he did deny the allegations) and call the Democrats’ bluff, exposing Russiagate in real time for what it was, a Hillary Clinton paid-for smear exercise that was allowed to get out of control? Imagine the Constitutional issues of an impeachment based on false information, especially if it had been upheld by the Senate or Trump otherwise driven from office?
Special Counsel Robert Mueller, portrayed as the dogged Javert, presented his report on Trump-Russia ties to the public in April 2019. The report tackled two broad questions: did Trump work with Russia to get elected in 2016, and did Trump obstruct justice as the FBI, the Special Counsel, and Congress sought to investigate the first question? Mueller answered questions upon presenting his report to Congress, and then disappeared from public eye. No Late Night, no memoirs, no high brow interviews.
As to the first question, Mueller was very clear “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 US Presidential Election… the report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public.”
But the second question, obstruction, was left open for many of the hopeful. Mueller wrote in Footnote 1091, “A possible remedy through impeachment for abuses of power would not substitute for potential criminal liability after a President leaves office. Impeachment would remove a President from office, but would not address the underlying culpability of the conduct or serve the usual purposes of the criminal law. Indeed, the Impeachment Judgment Clause recognizes that criminal law plays an independent role in addressing an official’s conduct, distinct from the political remedy of impeachment… Impeachment is also a drastic and rarely invoked remedy, and Congress is not restricted to relying only on impeachment.” Mueller also mentioned “the conclusion that Congress may apply the obstruction laws to the President’s corrupt exercise of the powers of the office accords with our constitutional system of checks and balances and the principle that no person is above the law.” Heard that again recently?
Just about everyone sitting left of political center read that clearly as saying even if Congress could/would not impeach and convict Trump (as the Senate was Republican controlled) they could open a case against him with DOJ that would pend during his term while he had immunity and then whack! come down on Citizen Trump the day he left office. A cardinal rule for prosecutors is to not publicize negative information that does not lead them to indict someone — “the decision does the talking.” James Comey was criticized for doing this with Hillary Clinton during the campaign. Yet most of the Report’s Volume II is just that, descriptions of actions by Trump that allegedly contain elements of obstruction. Some say Mueller wanted to draw a “road map” for a prosecution that would have to take place years separate from his Report.
Following Mueller was an amazing amount of smoke and noise regarding obstruction, but ultimately Trump was not impeached nor after he left office did anyone (SDNY, DOJ) seek to prosecute him as a private citizen for connections to Russia or obstruction. It all just faded away as impeachment over something-something Ukraine was ginned up in a hurry based on a bogus whistleblower and a non-issue quickly forgotten when the Senate righteously failed to convict Trump. We will never know how close the U.S. got to impeaching Trump for obstruction or a prosecution for the same. We do know the temptation was there.
What we know now that we did not know then is that there was no Russiagate. All the stuff of the Steele Dossier, the pee tape, the Moscow meetings, Michael Cohen in Prague, was simply made up. Everything investigated by Steele, Mueller, and the FBI never happened. It was all paid for by Clinton operatives for the purpose of smearing Trump during the campaign and after he won, in an attempt to destroy his administration and possibly drive him to resign or be ridded by the 25th Amendment.
We know know Christopher Steele, paid by the Clinton campaign (after Clinton’s denial, it took a year for congressional investigators to uncover that the dossier was commissioned by the opposition research firm Fusion GPS, working for the Democratic Party and Hillary Clinton’s campaign, paid through the Perkins Coie law firm), seems to have done no investigative work. Instead, his reputation as a former British intelligence officer was purchased to validate a dossier of lies and then traffic them to the FBI and journalists. One of Steele’s key “sources” is the now-arrested Igor Danchenko, a Russian émigré living in the United States whose trial for perjury is scheduled for this autumn (Steele was introduced to the Russian by Fiona Hill, then of the Brookings Institution. Hill would go on to play a key role in the Ukraine impeachment scam.) Danchenko completely made up most of what he told Steele about Trump-Russian collusion.
When he did not make up stuff himself, Danchenko was spoon-fed lies by Charles Dolan, a Clinton campaign regular (Fiona Hill introduced Dolan to Danchenko). Ironically, Dolan had close ties not only to the Clintons but to the Russians as well; he and the public relations firm where he worked represented the Russian government and were registered as foreign agents for Russia. Dolan is credited with, among other things, making up the pee tape. Dolan also fed bogus info to Olga Galkina, another Russian who passed information to Danchenko for inclusion in the Dossier. Galkina noted in e-mails that she was expecting Dolan to get her a job in the Hillary administration.
Mueller mentioned the Steele Dossier in his own Report numerous times, and was well aware the Dossier played a major role in the FBI investigation of Trump. Did Mueller also come to know it was bogus, fake, a fraud, campaign fodder paid for by Clinton? If so, Mueller remained silent and so much for the rule of law. Why? The FBI, internally we now know dubious of many of the Dossier and other claims handed to it by various Clintonites working undercover, stood by its justification for the full investigation. And so much for the rule of law.
“The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign,” said Kevin Brock, the FBI’s former intelligence chief. “And yet they knowingly ran with its false information to obtain legal process against an American citizen. They defrauded not just a federal court, they defrauded the FBI and the American people.” The 2019 Horowitz Report, a look into the FBI’s conduct by the Justice Department Inspector General, also made clear the FBI knew the dossier was bunk and purposefully lied to the FISA court.
What would have happened had some entity brought charges against Trump for obstructing an investigation itself based entirely on false information and false pretenses? At the very least all hell would have broken loose in Washington. For example, would an FBI whistleblower have emerged, concerned his beloved Bureau was about to throw its reputation away on a political assassination while the Bureau et large remained mum co-conspirators?
Would Trump have revealed the mountain of information he for some reason still holds close today? For example, Trump, knowing exactly what he ever did or did not do vis-a-vis Russia, knew the Dossier to be bogus but stuck simply with short-form denials. At what point in a Trump trial would it have come out that nearly 100 percent of the information against him came from the Clinton camp as campaign smear material? Is it even legally possible to be found guilty of obstructing an investigation that could have only found you guilty by employing fraud against you? Obstruction requires a showing of intent and how could Trump intend to obstruct an investigation he knew could not lead to anything because all the basic facts are false?
A prosecutor need also look deeply to ensure he can prove intent as necessary, that an act — perjury, for example, was done with the intent to mislead and was not simply a mistake. That’s the difference between a mistake, error, misstatement and a true lie, what it was intended to accomplish, a crime. The act is easy to prove, the thought pattern, what was in someone’s head, the mental objective behind an action, much less so. Imagine those issues being debated in a divided America during say a presidential election campaign? Rare is the challenge to peoples’ belief in the rule of law. Was the Deep State ready to go that far?
That’s the Abyss. Perhaps future historians of January 6 and Mar-a-Lago will tell us how close we really got to it.
Respectfully,
Peter
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Five Stages of Mar-a-Lago Grief
Another week, another silver bullet missing Donald Trump. The endless roll of waves of crimes, accusations, near-indictments, and just bad words slandered away which we had all endured for the past four years happened again. We went from Trump has classified material under lock and key at Mar-a-Lago to a group of people paying $1800 to fly a banner reading “ha ha ha ha” over the resort to mock a Trump staying 3000 miles away in New York. On cue the regulars on MSNBC and CNN brought out their running dog former CIA and FBI officers to tell us tick tock, the walls are closing in, this time it will stick, Trump is going down, he’ll be in jail before he runs again for office. If we can’t stop him with the electoral system we’ll use the judicial system. This. Is. The. One.
Except it isn’t. The offense itself — some variant of mishandling of official materials — is muddled from the git-go by the former president’s former ability to declassify anything, a power he claimed he already used before he left the White House to magically spay the documents. An Espionage Act prosecution is a non-starter, requiring as it does the showing of intent to harm the United States. It seems the documents, however classified and/or sensitive they are, were securely stored at Mar-a-Lago and the risk of exposure was very minimal. The FBI nonetheless threw the kitchen sink at Benedict Donald with a full-on raid, to enforce the Presidential Records Act, a law that actually has no prescribed penalty associated with it. Given the presumed age of some of the documents and non-impact, it was sort of like not returning a semi-important library book.
The story will drag on a while, buoyed by leaks supposedly telling us politically salacious details about the secret documents (the single handwritten doc stored by Trump will likely take on lore akin to the grassy knoll for Trump conspiracists) but in reality “Mar-a-Lago-gate” is fast on its way to closing, joining Russiagate, Ukrainegate, Stormygate, January6gate, and all the others off to the side of history. It is close enough to being a dead story that it’s worth helping our progressive friends through the five stages of grief — Denial, Anger, Bargaining, Depression, Acceptance — that accompany something once so important passing. RIP.
Denial: Are we really doing this all again? There is no way tRump is not guilty of something. There is no way way the Orange Man can finish his term without jail time. Mueller laid out a roadmap to post-term prosecution. Wait until we see his taxes. January 6 had to have been sedition or treason or truancy. It could not have been sort of a violent but potently nothing, amiright? OK, fine, now that he is no longer protected as president and is a regular citizen again the gloves are off and he is going to jail. There is no way Trump is going to run again unless he campaigns from prison. You gonna ignore (checks notes for name) Cassidy Hutchison? Whatta you mean Georgia still hasn’t filed an indictment for election fraud, it’s been how many years? Wasn’t his grabbing the wheel from the Secret Service driver on J6 enough? What about that we call it J6 now? We were so close with the Emoluments Clause, and then the DC hotel business. The walls have to be closing in. Dig up Ivana, her coffin is probably full of purloined documents! Repeat after me: “I know we’ve said it many times before, but this time…”
Anger: Mueller time should have worked but he wimped out! I paid $29.95 on eBay for a Mueller bobble head doll and you’re telling me the guy had nothing at all, not a pair of twos to play? Sanctimony (“Nobody is above the law, you know”) runs inverse to memory (“But her emails!”) in the poli-grieving process. If you’re gonna take a shot at the king you better not miss. And Garland has been putting in a lot of range time. I Googled “RICO” and per Wikipedia this has to work unless the DOJ is in on it, too.
Bargaining: So Dotard had top secret documents, probably was going to sell them to the Russkies, so he’s guilty under the Espionage Act which carries the maximum penalty of death, like the Rosenberg’s or someone else, this is it, the silver bullet! What the hell is wrong, there were hundreds of peeResident Brown Shirts at the Capitol, can’t you idiots get one of them to flip and accuse Trump? What about the Alfa Bank and the Yota smartphones, the hotel deal, what about the pee tape for gosh sakes! You made us believe there was a pee tape and this whole Trump thing was going to be over before it ever really began. Where is the pee tape, we were promised a pee tape. And a hero, we want a hero and all you gave us was Robert Mueller, Michael Avenatti, Michael Cohen, Adam Schiff, Dr. Fauci (optional), Liz Cheney, and now Merrick “Milquetoast” Garland. Somebody do something to fix all this and we promise never to use the expressions “Period. Full Stop. End of story” or “Let that sink in” or “I’ll just leave this here” or “methinks” again on Twitter.
Depression: Yea, that Joe Biden, what a guy, woo hoo. Yes, I guess we all lost our minds again, this time over what is probably “presidential memorabilia,” stuff that would have ended up anyway in Trump’s presidential library on “indefinite loan from the National Archives” if Trump had just gone through channels like Obama and Bush.
Acceptance: OK, well, Russiagate didn’t work. Trump doing something naughty with the Ukraine didn’t end in an impeachment conviction. Michael Avenatti is in jail. The deal with Stormy Daniels and the other Barbies might have been sleazy but it was not criminal. And his 700 sexual assaults! So, alright, nobody could make a indictment out of all that fuss over security clearances for Don and Eric. The Southern District of New York could not find something to charge Trumpkins with vis-vis property taxes or valuation stuff no one really understood, and the various walls never closed in. Maybe Trump will be forced to release his taxes if he runs again, there’s a bright side, gotta be something in those taxes, right? I mean, who takes the Fifth except guilty people, the Orange Man himself said that when he was talking about Hillary but it applies to him and the Trump crime family.
The family, that’s right, that’s his Achilles Heel! Ivanka had some sort of sweetheart deal with China or something even before Hunter Biden to trademark her fashion things, and Jared sold NYC property too cheaply, and Don Jr., had his hand in some golf course thing I think I remember, in Sweden or maybe Scotland. And didn’t Trump flush secret documents down the White House pooper, that was wrong, right? There is still time for Trump’s accountant to flip and tell us all, got to be some indictable stuff in those books, eh? Or maybe Michael Cohen, he has a another book coming out, that will likely cement his role as Fredo and send tRump to the slammer. I hope his cellmate is ironically named Tiny. And Merrick Garland is not really done with the documents, is he? I mean, he hasn’t indicted Trump for anything over them yet — yet — but it could be just nine dimensional chess with Garland waiting for the exact right moment to bring in something from the Articles of Confederation or the Stamp Act showing Trump is guilty. He’s gotta be guilty of something. Right? We still believe.
Maybe next time.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Specific “Why” Behind Russiagate
Show of hands? How many still believe Trump and Russia colluded? That Trump is somehow beholden to Russia? That Hillary Clinton had nothing to do with “Russiagate?” Anyone? In the back, Bueller? And we’ll get to the large group chanting “it doesn’t matter” and “but Trump did, too…” in a moment, so stick around.
Hillary Clinton lied about Russiagate. The latest information shows Hillary paid experts to create two data sets, one purportedly showing Russian cellphones accessing Trump WiFi networks, and another allegedly showing a Trump computer pinging an Alfa Bank server in Russia. The latter was supposedly how Trump communicated incognito with his handlers in Moscow Center. We’ve seen the lipstick on the collar before but how do we know for certain this time?
Because former Clinton campaign lawyer Marc Elias on May 18, 2022 during the trial of his former partner, Michael Sussman, swore to it under oath. Special Counsel John Durham brought Sussman to trial for allegedly lying to the FBI, perjury, claiming he was not working for a client when he was actually surreptiously representing the Clinton campaign. Elias admitted he briefed Clinton campaign officials about the fake information, including Hillary herself, Clinton campaign chair John Podesta, spokesperson Jennifer Palmieri, and policy director Jake Sullivan, now Joe Biden’s national security adviser. Elias also personally briefed campaign manager Robby Mook.
In a bombshell during the Sussman trial, Mook testified Hillary Clinton signed off on the plan to push out the information about the link between Trump and Alfa Bank despite concerns the connection was dubious at best. Mook’s testimony is the first confirmation Clinton was directly involved in the decision to feed the Trump-Alfa story to journalists. It explains some of her later actions.
Here’s the timeline which reveals the specific “why” behind Russiagate:
— On July 5, 2016, FBI Director James Comey issues a statement clearing Hillary Clinton of any wrong doing in connection with her private email server. This removes what was thought to be her last major hurdle to nomination.
— Wikileaks releases information taken from the DNC servers which showed, inter alia, the Clinton campaign’s efforts to disparage Bernie Sanders. The leaks break during the Democratic Convention (July 25-28) and threaten to split the party, with the Sanders wing considering walking away from Hillary. This development means crisis time for the Democrats.
— Clinton’s sign off to begin the Russiagate dirty tricks campaign (as Mook testified to, Smoking Gun One) had to have been in late-July (likely concurrent with the Wikileaks disclosure and the Democratic National Convention 2016, which would have created a sense of panic inside the campaign) because on or about July 28, 2016 CIA Director John Brennan briefed President Obama on Hillary Clinton’s plan to tie Candidate Trump to Russia as a means of distracting the public from her use of a private email server. A highly-redacted document states “We’re getting additional insight into Russian activities from [REDACTED]. Cite alleged approved by Hillary Clinton on July 26 a proposal from one of her foreign policy advisers to vilify Donald Trump by stirring up a scandal claiming interference by the Russian security service.”
— The FBI then opened its omnibus investigation into all things Trump-Russia, Crossfire Hurricane, on July 31, 2016, a Sunday, coincidentally only four days after Clinton initially approved the dirty tricks campaign and as the DNC ended with Clinton’s nomination. Crossfire was ostensibly opened based on information on Trump campaign member George Papadopoulos relayed by an Australian diplomat. Many believe the timing of the investigation suggests it was based on disclosures to the FBI of the Steele Dossier from inside the Clinton campaign, not diplo gossip about Papadopoulos. Many believe a cut out like Sussman, or Steele himself, ran the dossier data to the FBI the same way Sussman ran the Alfa Bank data to the FBI.
— Brennan may have been personally tipped off by Jake Sullivan, now Joe Biden’s national security advisor and then the most likely “foreign policy adviser” inside the Clinton Campaign running the Russiagate caper, as Brennan as CIA Director briefed Obama on Clinton’s July 26 sign-off (Smoking Gun Two) on the dirty tricks campaign while his own agency would not come to the same conclusions until September 2016, when it forwarded to the FBI an investigative referral about Hillary Clinton approving “a plan concerning U.S. presidential candidate Donald Trump and Russian hackers hampering U.S. elections in order to distract the public from her email scandal.” If not a tip off, then how did Brennan, always a public Hillary supporter, know before his agency did?
— Aiming for an October Surprise (i.e., a major, game-changing political event breaking in late October, early enough to influence the election but too late for the opposition to effectively rebut), Sussman then meets with the FBI to lay out the Alfa-Bank and smartphone story on September 18, 2016.
— The FBI (via fraud) on October 21 obtains the first FISA warrant against a Trump team member.
— Following a press release by Jake Sullivan, Hillary tweeted on October 31, 2016 Trump had a secret server and it was communicating with Russia (Smoking Gun Three.) She knew her campaign paid to create that information and push it into the public eye via Sussman (to the FBI) and a woman named Laura Seago.
Seago was an analyst at Fusion GPS, the people who commissioned the infamous Steele dossier on behalf of Clinton. Seago testified at the Sussman trial she, Fusion co-founder Peter Fritsch and another Fusion staffer went to journalist Franklin Foer’s house to pitch the story, telling him it had been vetted by “highly credible computer scientists” who “seemed to think these allegations were credible.” Foer ran the story on October 31, 2016 strongly suggesting the server connecting Trump with Alfa Bank was used as a clandestine communications tool, a smoking gun in the world of espionage. The story stated “the knee was hit in Moscow, the leg kicked in New York.”
Need it even clearer? Comey cleared Clinton of legal trouble over her emails. The last barrier to nomination was breached. Then Wikileaks disclosures threatened to derail the convention. A distraction was needed. Mid-convention Hillary signed off on the Russiagate dirty tricks campaign per Mook and Brennan and then just days later the FBI opened Crossfire Hurricane based on either flimsy foreign gossip and/or the Clinton paid-for Steele Dossier.
“The trial is the vehicle that Durham is using to help bring out the truth, to tell a story of a political campaign that in two instances pursued information that was totally fabricated or at least misinterpreted with the Alfa Bank connection to Trump and use that disinformation to mislead the American voter,” Kevin Brock, the FBI’s former assistant director for intelligence, said. The Sussman trial shows if nothing else Hillary Clinton herself was personally the start and the end of Russiagate’s false story. As dirty tricks go, this was a helluva tale she sold to a gullible public and ready media.
But so what? Politicians approve dirt being spread on their opponents all the time. But not outright, fabricated lies, which is fraud/defamation, that’s the short answer. And Jake Sullivan, Biden’s national security advisor, played a still-hidden role in all of it. And what kind of president would Hillary have made if she was willing to lie like this to get elected? She is all appetite, still active in her party, still a dangerous animal. The spiteful Clinton still maintains Trump has ties to Russia and through surrogates like Brennan kept Russigate alive to defang the Trump administration even after she lost, the real insurrection.
Twitter has still not removed the Clinton/Sullivan Russiagate tweets from 2016 as “disinformation.” That silence allows the lie a second life, important because of course Trump is running again for president and polls show almost half of Americans still think he colluded with Russia.
It is easy enough to still say “so what?” at this point. Most people who did not support her concluded long ago Hillary Clinton was a liar and untrustworthy. Her supporters know she’ll never run for public office again, hence the claims that none of this matters, right?
Wrong. What matters in the end is less the details of Hillary’s lie than that as someone close to being elected as her would lie about such a thing, claiming her opponent was working for Russia against the interests of the United States he would soon swear an oath to. This week’s revelations and the way they fill in “motive” in the timeline are bombshells if you blow the smoke away.
No doubt in many minds Clinton and the intel community’s manipulations are being measured alongside whatever transgressions are attributable to Trump himself. Those who think that way may have missed the day in kindergarten when everyone else was taught how two wrongs don’t make a right, and in high school where good and bad were shown not to be a zero sum game. Trump did not win to absolve Hillary of her sins. And those who worry about the 2024 election being stolen over simple vote miscounts are thinking way too small.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Moments of Russiagate Truth
It’s sometime a very sad moment when truth is all that’s left. Suspicions of infidelity become credit card receipts from the no-tell motel. A Facebook post tells of a meal shared when a business trip was scheduled. It is ugly, especially the now certainty that you were lied to by someone you once trusted. Two such instances passed through the MSM this week with barely a notice that deserve notice.
The first is Hillary Clinton and the Democratic National Committee, through the MSM, lied Russiagate. Hillary, et al, paid experts to create two data sets, one showing Russian cellphones accessing Trump WiFi networks, and another showing a Trump computer in contact with a mystery Alfa Bank server in Russia. The latter was supposedly how Trump communicated incognito with his handlers in Moscow Center. Neither happened, both were lies, and both were made up for and paid for by Hillary. How do we know this with certainty?
Former Clinton campaign lawyer Marc Elias on the stand May 18, 2022 in the trial of his former partner, Michael Sussmann swore to it under oath. Special Counsel John Durham brought Sussmann to trial for allegedly lying to the FBI, denying he was working for a client when he was representing the Clinton campaign. Elias testified he and Sussmann worked for the Clinton campaign, and had engaged Fusion GPS to acquire dirt on candidate Donald Trump. He also admitted that he had briefed Clinton campaign officials about the fake information, including contacts with Clinton campaign manager Robby Mook, campaign chair John Podesta, spokesperson Jennifer Palmieri, and policy director Jake Sullivan, now Joe Biden’s national security adviser and who aggressively pushed the Alfa Bank server story in the media. Elias said he also spoke with Hillary Clinton and was involved in meetings where she was present.
Does this have to really be so ugly? Do we have to hear it in her own words? Somethings it takes that harsh splash of cold water. Yes. Hillary tweeted on October 31, 2016 Trump had a secret server and it was communicating with Russia. She knew it was false at that moment because her campaign paid to create that information. The only thing left for the trial to prove or disprove is whether Sussmann lied about working for the campaign when he met with the FBI. He pleaded innocent but is a very bad liar; Sussmann billed the Clinton campaign for his meeting with the FBI. The material facts otherwise have been demonstrated — she lied. Cold and simple. No one colluded with Russia (as the Mueller Report later concluded.)
The next splash of water require you to wallow so deep in hypocrisy and lies if it was all water you’d drown. After refusing to cover the Hunter Biden laptop story except to label it Russian disinformation in autumn 2020, the same NBC news headlined a story May 18, 2022, almost two years after the laptop story first broke, reporting “analysis of Hunter Biden’s hard drive shows he took in about $11 million from 2013 to 2018” from Ukrainian and Chinese companies for dubious consulting work. NBC reports this as breaking news, and made no mention whatsoever that they sat on the story.
To understand why NBC spiked the story for almost two years, one needs to go back to 2020 as the laptop tale was breaking elsewhere. Almost in real time more than 50 former senior intelligence officials signed a letter claiming the emails “have all the classic earmarks of a Russian information operation.” With absolutely no evidence, the signers said their national security experience made them “deeply suspicious that the Russian government played a significant role in this case.” “If we are right,” they added, “this is Russia trying to influence how Americans vote in this election, and we believe strongly that Americans need to be aware of this.”
The letter was evil brilliance in that it played off earlier prejudices created by Hillary Clinton in 2016, that the Russians sought to manipulate American elections. In fact, most of the key signatories — James Clapper and John Brennan among them — had misdirected public opinion around the whole of Russiagate. In the hands of the MSM the meme quickly morphed into “the laptop is fake,” a parallel to “but her emails!!!”
NBC News wrote in 2020 U.S. intelligence agencies suspected Trump associate Rudy Giuliani, who had been shopping the laptop contents to various media organizations, had been in contact with alleged Russian intelligence agents. The FBI was “looking into whether the Russians played any role, and no official has ruled that out,” said NBC. Twitter also blocked the Hunter laptop story after intelligence officials shared Russian hack rumors.
NBC also claimed in 2020 the laptop was not “newsworthy” as it contained no smoking gun, and because despite any ethical lapses by Hunter “Trump… is ethically challenged when it comes to appearing to use the power of his office to enrich himself and his family.” NBC in 2022 offers no explanation why the same laptop contents which it deemed not newsworthy days before Joe Biden’s election to the presidency are suddenly newsworthy in the middle of his second year in office.
The takeaway is NBC News did not pursue the Hunter laptop story in 2020, when it mattered most, because it acted in collusion with the U.S. intelligence community to make the story go away during the election. As Hunter has publicly paid millions in back taxes and the New York Times among others validated the laptop contents, there’s no need to pretend the story is not newsworthy or Russian trickery.
It is easy enough to say “so what?” at this point. Most people who did not support her long ago concluded Hillary Clinton was a liar and untrustworthy. Her supporters know she’ll never run for public office again, hence the claims that none of this matters. As for NBC, the last days before the election were confusing times, and the Hunter laptop story after all was out there for anyone who wanted to read it at the NY Post or Fox. So that doesn’t really matter either, right?
Wrong. What matters is less the details of Hillary’s lie but that as someone very close to being elected she would lie about such a thing, claiming her opponent was working for Russia against the interests of the United States he would soon swear an oath to. As for NBC (and Twitter) its journalistic slovenliness laid bare news organizations work with the intelligence community to manipulate elections. Both of this week’s revelations are bombshells if you blow the smoke away, and both threaten to make a second run at our democracy in 2024.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
New Durham Finding Reveals CIA Info on Michael Sussman, Alfa Bank/Yota Phone
If you still dismiss “Russiagate,” the Dossier, Alfa Bank, and the Yota Russian smartphone events surrounding Donald Trump, the 2016 campaign, and the Mueller investigation, you may want a second cup of coffee. The latest filing by Special Consul Robert Durham suggests the rabbit hole goes a bit deeper. I hate to sound like Rachel Maddow, but it is just that much more likely the walls are closing in.
Durham filed a new, 34-page motion on April 15, 2022, in answer to defendant Michael Sussman’s request to dismiss the case against him. Durham accused Sussmann of lying to the FBI about his working for the Clinton Campaign while he was trying to sell the Bureau on opening an investigation into Trump’s ties to Russia, focusing on alleged Internet pings between a Trump server and the Russian Alfa Bank. Sussmann’s claims included a number of pings against Trump Tower WiFi and later White House WiFi by a Russian-made Yota cellphone. Sussmann’s motion basically called Durham case garbage, which pressed Durham to explain to the court why the case needed to proceed, hence the new motion (the court subsequently ruled against Sussmann and the trial will commence soon.)
But as he has done in the past, Durham used the required motion filing as a chance to tip over a few of the cards he is holding. It looks like aces.
Durham previously established CIA knew about what we’ll call “Russiagate” as of at least July 2016 and briefed President Obama on the same only five days before the FBI’s Crossfire Hurricane full-spectrum investigation into Trump/Russia began. The new filing adds the next chapter. Sussmann met with unknown persons at CIA to tell them a Russian Yota cellphone seemed to be following Trump around, attempting to log into the WiFi network wherever he was. This included Trump Tower and later the White House. At January and February 2017 CIA meetings Sussmann claimed the phone “appeared” in April 2016 (coincidentally right around the time the DNC hack supposedly took place) and even “appeared with Trump in Michigan” when he was interviewing a future Cabinet secretary. Sussmann went on to disingenuously claim to CIA the Yota smartphone model used is often gifted to Russian officials. He also claimed his client was a Republican.
The problem was the information Sussmann passed to the FBI was fake. Phony. Made -up. Fabricated, much like the Dossier. CIA “concluded in early 2017 Russian Bank-1 data [Alfa] and Russian Phone Provider-1 [Yota] data was not “‘technically plausible,’ did not ‘withstand technical scrutiny,’ ‘contained gaps,’ ‘conflicted with [itself]’ and was ‘user created and not machine/tool generated.’” Reuters‘ own tech people also said they could not authenticate the data and passed on the story. While CIA declined to open an investigation based on such data, the FBI did, leaving open additional questions on whether or not the FBI was technically unschooled, or in on the greater conspiracy.
This new information also begs the question of why Robert Mueller or DOJ Inspector General Michael Horowitz did not ask why the FBI was so easily fooled when their cousins across the river (and some journalists) saw through the grift. The FBI were warned — on September 7, 2016 the CIA sent FBI Director James Comey and Peter Strzok a warning Hillary Clinton approved a plan to tie Trump to Russia to distract from her email scandal. Then only 12 days later Sussmann approached the FBI, who despite the heads-up, took the hook. About a month later the courts issued the first FISA warrant. Hillary Clinton tweeted “Computer scientists have apparently uncovered a covert server linking the Trump Organization to a Russian-based bank.”
This would also raise questions about Michael Sussmann and his role representing the Democratic National Committee and the DNC server hack. Careful research by retired NSA persons suggested the server was accessed from inside the U.S., not hacked from Russia as widely alleged. If there is truth to that, would the same people who fabricated complex DNS and WiFi log data (i.e., good enough to fool the FBI) have been capable of making a local hack look international? One hates to go down the conspiracy road, but is Julian Assange, whose Wikileaks released some of the DNC emails, imprisoned in part because he could prove his source for the hacked emails was not Russian, as he has claimed?
Who knows, right? Maybe Researcher-2 (identified elsewhere as David Dagon of Georgia Tech, whose research focus is Botnets.) Dagon previously bragged of using a “bag of tricks” to prove Trump-Russia collusion.) Durham granted Researcher-2 immunity to “uncover otherwise-unavailable facts underlying the opposition research project.” Durham also granted immunity to someone at Fusion GPS, the front organization that moved money from the DNC/Clinton Campaign to both Dossier author Christopher Steele and Alfa/Yota pitchman Michael Sussmann. The Fusion person is likely Laura Seago. Seago helped sell the fake Alfa data to Slate.
Earlier articles established the Alfa/Yota conspiracy mirrored the Dossier conspiracy in style, funding, and execution. This new information from Durham adds now as with the Dossier, the Alfa/Yota data was faked. The commonalities between the two as yet legally unlinked conspiracies strongly suggests a common backstage element. We spoke with a former U.S. intelligence officer about what would be involved in managing an operation this size, Alfa, Yota, Dossier, etc., liaison with the FBI, all the media planted bells and whistles, but just the admin side, not the actual spy work. She said it would be a very large job, likely bigger than many overseas stations would take on, something that would need its own working group in Washington. She said keeping the finances clean but covert alone would be a near full-time job.
So what does it all mean? Special Counsel Durham is revealing a relentless effort by Democrats to sell the Russia collusion narrative across the U.S. government from CIA to the FBI, to the point where in the absence of derogatory information they created it. The Democrats then enlisted (to date…) Christopher Steele and Michael Sussman to peddle the false information across Washington in hopes of stirring someone in the intelligence community to turn their vast resources on Trump to find actual dirt. The whole venture failed in the initial sense — Trump was elected and completed his term — but large numbers of Americans still believe in whole or in part Trump is somehow allied with the Russians, a hangover likely to last into the next election.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Russiagate: The Smoking Gun, Part II
Part I of this article showed a conspiracy to smear Donald Trump with false allegations of collusion with Russia took place, with Hillary Clinton at its head. Part II today will show the FBI was an active participant in the conspiracy to destroy Trump. The facts are not in dispute. We are left only to decide if the FBI acted incompetently and unprofessionally, or as part of a conspiracy.
The first part of the smoking gun may have been hiding in plain sight for some time now. In June 2018 Inspector General for the Department of Justice Michael Horowitz released his report on the FBI’s Clinton email investigation, including FBI Director Comey’s drafting of a press release announcing no prosecution for Clinton, written before the full investigation was even complete. In a damning passage, Horowitz found it was “extraordinary and insubordinate for Comey to conceal his intentions from his superiors… for the admitted purpose of preventing them from telling him not to make the statement, and to instruct his subordinates in the FBI to do the same.”
Attorney General Loretta Lynch, Comey’s boss, is criticized for meeting privately with Bill Clinton as the FBI investigation into Hillary unfolded. “Lynch’s failure to recognize the appearance problem… and to take action to cut the visit short was an error in judgment.” Lynch then doubled-down, refusing to recuse herself from the Clinton case, creating “public confusion.”
The report also criticizes FBI agents Peter Strzok and Lisa Page, who exchanged texts disparaging Trump before moving from the Clinton email to the Russiagate investigation. Those texts sowed public doubt about the investigation, including one exchange that read, “Page: “[Trump’s] not ever going to become president, right? Strzok: “No. No he’s not. We’ll stop it.” Another Strzok document stated “we know foreign actors obtained access to some Clinton emails, including at least one secret message,” thought that was never prosecuted.
Page and Strzok also discussed cutting back the number of investigators present for Clinton’s in-person interview in light of the fact she might soon be president, and thus their new boss. Someone identified only as Agent One went on to refer to Clinton as “the President” and in a message told a friend “I’m with her.” The FBI also allowed Clinton’s lawyers to attend her interview, even though they were also witnesses to possible crimes committed by Clinton.
If that does not add up to a smoking gun that the FBI conspired pre-dossier to help Hillary Clinton, how about this?
Following Hillary’s exoneration over her emails and mishandling of classified information, the FBI launched its Crossfire Hurricane investigation into Trump-Russia, based in whole or large part on the infamous Christopher Steele dossier. The public now knows the dossier was paid for and stocked with falsehoods by the Clinton campaign. The unanswered questions from that investigation themselves comprise a second smoking gun of FBI conspiracy. For example:
— Why did the FBI not inquire into Steele’s sources and methods, which would have quickly revealed the information was wholly false? Why was the FBI unable to discover Steele (and later, Clinton lawyer Michael Sussmann, who gave false info to the FBI about Trump and Alfa Bank) were double agents working for and paid by the Clinton campaign?
— When the FBI found the target of its first FISA warrant out of the dossier, Carter Page, was actually a paid CIA asset, why did they hide this information from the FISA court instead of dropping Page? Why did this not cause them to question the credibility of Steele, a master spy who couldn’t even identify his source was actually a CIA asset? Steele claimed the Russians offered Page an insanely huge bribe, billions of dollars, to end U.S. sanctions if Trump became president. Page clearly could never have played a significant role in ending sanctions. Why did the FBI find those statements credible enough to pursue the warrant?
— Why did the FBI cite an open-source press article by Michael Isikoff claiming Trump had Russian ties as part of its FISA warrant application against Page without finding out who Isikoff’s source was? The source of course was Christopher Steele, who was interviewed in a hotel room booked by Fusion GPS who was paid by Clinton. The FBI nonetheless claimed an article from Yahoo! corroborated the dossier, a cite unlikely to pass muster on an undergrad term paper. Were they really fooled?
— Why did the FBI not discover the dossier’s false claim Trump lawyer Michael Cohen visited Prague to meet with Russians? Robert Mueller was able to conclusively dismiss the report. Confirming Cohen in Prague would have been a cornerstone of the FBI’s larger case, but the matter was left open until Mueller.
— Why did the FBI not question Sussmann about the source of his DNS data, some of which came directly from inside the White House? Why would a private citizen have such information?
— When Sussmann, claiming to be a concerned citizen with White House DNS data, first approached the FBI, why was he assigned to meet with the FBI’s General Counsel, its lawyer, and not a case agent? Was something other than his information, such possibly FBI collusion with fraud, being validated?
— Why was the CIA investigation referral saying Hillary was behind Russiagate ignored by the FBI? The memo was addressed to Director James Comey, who claims he has no knowledge of it, and Peter Strzok, who should have been the action officer but did nothing?
— Why did Kevin Brock, the FBI’s former intelligence chief, say “The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one, that the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign. And yet they knowingly ran with its false information.”
— Despite the investigation being run by the FBI, why was it CIA Director John Brennan who briefed (LINK) Obama on the Hillary connection in July 2016 and not Comey?
If any of those questions seem kind of obvious, that is the point. The cover stories only had to hold for a short time, enough to infect the media, enough to make things seem plausible for the FBI. Team Clinton and its co-conspirators were so certain they would win the election they felt none of their tricks needed to stay hidden much past victory. The story is waist-deep rotten.
At this point you can believe the multiple ops paid for and run by Clinton people were uncoordinated events, or that they were part of the broad campaign Hillary was an active participant in, and about which John Brennan warned Barack Obama, and which the CIA warned the FBI, not knowing they were in on it. You can believe the FBI acted incompetently and unprofessionally (yet consistently, no breaks went Trump’s way), or as part of a conspiracy.
What you cannot do any more is pretend this did not happen, and that the person most involved came close to being elected president because of it. If you worry about democracy, worry about that.
In preparing this article, it was fascinating to review the many shameful articles written in 2016 and 2017, the crazy days when every hinted rumor was worth a Breaking! designator. But one piece stood out, from Forbes in 2017. Hillary denied paying for the dossier, and the truth — the campaign paid the law firm Perkins and Coie who paid Fusion GPS who paid Orbis who paid Steele — was not known. The Forbes journalist wrote “If ordered and paid for by Hillary Clinton associates, Russia Gate is turned on its head as collusion between Clinton operatives (not Trump’s) and Russian intelligence. Russia Gate becomes Hillary Gate.” The article went on to say how James Comey refused to comment on Fusion GPS and the dossier in May 2017. Comey by then knew the real story and remained silent, even as the press was still running with the idea the dossier had been paid for by anonymous Democratic donors. If only we’d known.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Hunter Biden’s Laptop Stole the Last Election
With the November midterms coming, the media will soon pivot to who will be trying to steal the next election. Democrats are obsessed with the idea that when they lose elections it must be because of outside forces, usually some sort of Russian lifeform at work. But what we know now is that if anyone has been manipulating our once dear democracy, it has been the Democrats.
The latest findings by the Durham investigation make it clear the 2016 Clinton campaign paid for and implemented a massive disinformation strategy to falsely link Trump to Russia, and then worked the intelligence services of the United States and the MSM to shove that narrative deep into the American psyche. When Trump won, Democrats immediately used that same strategy to try and drive him from office. That that too failed is not the point; the playbook was being worked out for manipulating an election within the boundaries of the American system. The Dems/Intel services/MSM proved to be fast learners; when it came to 2020, the basic plan did work, deep sixing the contents of Hunter Biden’s laptop to glide Joe into the White House.
I can say with great conviction had the laptop been front paged it would have affected the election, perhaps seeing Trump reelected. How can I say that? Unlike almost everyone else in America, I read the contents of the laptop in 2020. Here is why you didn’t.
On October 14, 2020, three weeks before the Trump-Biden election, the nation’s oldest newspaper, founded by Alexander Hamilton himself, The New York Post, published reports about the business dealings of Hunter Biden in Ukraine and China. Hunter took large sums of money from businesses in Ukraine that were part of his father’s official portfolio as vice president, and took large sums of money from Chinese shell companies with ties to the Chinese oligarchy. Hunter performed no work in return for the money. In the case of China, he appeared to launder money, taking in six figures, skimming off a percentage, then handing the remainder over to a US corporate entity of the Chinese organization. That got around Chinese government currency export regulations.
The funds sent to Hunter were obscured in a number of ways. They passed through paper companies Hunter set up. They traversed numbered Cypriot bank accounts, came in the form of prepaid VISA cards, and as gifts including diamonds and Apple products. Some money was routed through Joe Biden’s brother’s law office, Hunter’s uncle. Hunter illegally did not report much of the income, and recently paid one million dollars in back taxes (fraud charges may be pending.)
In return for all this money, Hunter introduced a Ukrainian energy businessman to his daddy, the VP, and promised other global characters similar access. He met with oligarchs in Beijing alongside his father’s official meetings, having flown to China aboard the same Air Force plane. In correspondence with his clients, Hunter regularly referenced his access to the “Big Man,” Papa Joe.
Aside all this financial filth on the laptop was evidence of Hunter’s own filthy life, actions simply screaming to a foreign intelligence service “Blackmail me!” Hunter’s laptop was chocked with video showing him smoking crack. Hunter spent money on escorts, some $21,000 on cam sites, big plays on all sorts of depravities. Correspondence referencing Hunter’s affair with his dead brother Beau’s widow for goodness sakes. The blackmail fodder is so clear Chinese intelligence would probably assign the case to an intern to run.
But the public never saw any of this, thanks to the collaborative efforts of the American intelligence services and the MSM working, for the Democratic Party.
Soon after the New York Post broke the laptop story, the disinformation campaign began with a Politico piece headlined “Hunter Biden story is Russian disinfo, dozens of former intel officials say.” Lacking proof, they wrote “our experience makes us deeply suspicious that the Russian government played a significant role in this case. [It] has all the classic earmarks of a Russian information operation.” And that was good enough for the MSM to take the handoff.
The emails were a “hoax” said fact-check site NewsGuard, discredited by “many, many red flags” according to NPR. Twitter locked The New York Post‘s account after the Post refused to obey Twitter’s orders to delete its own reporting. Twitter also blocked all references to the laptop story by all users, even banning links to the story in DMs. Facebook announced it would suppress discussion of the reporting pending a “fact check” which never came. Compare this Orwellian treatment of the laptop story with the way the same organizations handled the Russiagate dossier, slathering it across the media. The irony is any fact checking would have proved the laptop story true, and the dossier completely false. The ultimate irony is while you can read the full dossier online, the laptop emails are still not available to the general public.
So how do we know now the laptop story was always true? Hunter’s former business partner Tony Bobulinski confirmed his emails were legitimate months ago. Last week the New York Times agreed, reporting on an ongoing FBI criminal investigation into Hunter’s business and tax activities based in part on the contents of the laptop. The FBI’s use of the laptop finally forced the Times so send out its own reporters so it could claim this year what it said was bunk last year, that the emails “were authenticated by people familiar with them and with the investigation.” Politico now, too, admits the emails are real, not Russian disinformation, based on a book by one of its own writers. The President of the United States for his part claims to have known nothing about his own son’s and brother’s business dealing and name dropping, and is sticking, loosely, to the Russian disinformation version of things. Biden’s defense has always been sweeping: “My son did nothing wrong.” The most charitable reading of that is Joe Biden, one of the most powerful men in the world, is an idiot.
Surveys suggest the information could have swung the election if voters had known about it. One showed enough people in battleground states would have changed their votes to give Trump the electoral votes needed for reelection. Russiagate. Alfa Bank. The laptop. All coordinated disinformation campaigns run by the Democrats involving the MSM and intelligence communities, all aimed at defeating Donald Trump. You see how it works now. Watch for the same pattern as we approach the midterms, and in 2024.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Arguing About Durham and Hillary Spying
1) Special Counsel John Durham dropped a new filing in his Russiagate investigation. Fox says it means one thing, and CNN says something almost the opposite…
The whole filing is only 13 pages; the juicy stuff about “spying” is only a few paragraphs. Just read it.
2) I’m kinda busy, so could you just give me the gist?
All the quotes below are from the filing text. The new filing is at its heart legal housekeeping, asking that a waiver be considered to allow indicted Clinton lawyer Michael Sussmann to retain his current law firm. A potential conflict of interest exists because Sussmann’s representative works for a law firm which also represents others Durham may be going after, and may have been involved in the larger events under investigation, perhaps as witnesses. Sussman is under indictment for lying to the FBI. He brought the Trump-Alfa bank accusations to the FBI pretending to be a patriotic citizen, when he was actually working on Clinton’s behalf trying to get the FBI to investigate Trump.
While the conflict of interest issue is interesting in itself, what is news worthy in Durham’s latest filing are allegations tech company Neustar and its executive Rodney Joffe (who was also a law client of Michael Sussmann) accessed “dedicated servers for the Executive Office of the President of the United States (EOP).” Joffe then “exploited this arrangement by mining the EOP’s DNS traffic and other data for the purpose of gathering derogatory information about Donald Trump.”
Joffe also “enlisted the assistance of researchers at a U.S.-based university” (likely Georgia Tech) who had access to “large amounts of Internet data in connection with a pending federal government cybersecurity research contract.” This would have been how Joffe got access to data from Trump’s private computers. “[Joffe] tasked these researchers to mine Internet data to establish ‘an inference’ and ‘narrative’ tying then-candidate Trump to Russia,” he added. “In doing so, [Joffe] indicated that he was seeking to please certain ‘VIPs,’ referring to individuals at Law Firm-1 and the Clinton campaign.”
3) What’s all the DNS stuff mean?
Remember metadata, the info about a communication Edward Snowden showed us the NSA gathers? This is like that. Metadata shows, among other things, when and where a communication started, and where it ended up. DNS data, a kind of metadata, comes from a Dynamic Name Server. When you use a smartphone or type www.theamericanconservative.com into your browser, it contacts a DNS server, which translates those English words into the numbers the Internet actually runs on. Same thing for email, Tik Tok, anything online. If you have access to DNS data, such as Joffe did, you know who the White House and Trump were communicating with. DNS data is a road map and if you have enough of it, patterns, such as perhaps regular communication with Russia, emerge. That’s why the NSA does the same thing against its enemies or competitors.
4) So is that “spying?” Durham never uses the word in his filing.
What word would you use to describe secretly and likely illegally collecting information about enemies or competitors to use against them? Durham is writing a legal document, and must use precise words, so of course he would not use a blunt term like spying. But it is pretty hard to call what actually happened anything else.
5) How is what Joffe/Neustar did illegal? They did not hack into any servers. They had access to them.
There were two sources of DNS information, let’s take them separately. The first was DNS servers actually inside the White House. Neustar provided these servers under a contract with the government. Contractors like Neustar and Joffe working on sensitive data systems do not own the data they see. Their scope of usage is very specific to the job they were hired to do. It does not include exploiting high-security government contracts for political purposes, personal gain or to help Hillary. Sort of like your doctor, who knows your medical information but cannot just share it with his brother-in-law who sells insurance.
Joffe also monitored the DNS data from Trump Tower and other Trump properties. He got this data via Georgia Tech. They got it (along with a gazillion other DNS records) as part of an unrelated contract with the Pentagon. Georgia had no obvious right to share data with Joffe and he had no right to use the shared data for political purposes. There has got to be a crime in there somewhere.
6) But Joffe and others never read any Trump email or listened in on calls. So it’s not spying.
Time to update the definition of spying from 1945. In Joffe’s case, he was trying to establish a pattern of communications between Trump and Russia. Michael Sussman was then to take that pattern pulled from the DNS data to the FBI and CIA as a patriotic bystander, and those agencies would be able to go in deep reading individual emails with a flick of a switch. The NSA does this all the time, looking at who one terrorist contacts in order to target another. It is the core of modern spying and it looks like the Clinton campaign was doing it, and then using Michael Sussmann as a false front to peddle it to the FBI and CIA. We know the FBI took the bait.
7) But I heard all this DNS monitoring of the White House started under Obama.
Neustar got the contract and installed the DNS servers in the White House during the Obama administration. This may have been for some legitimate cybersecurity task and/or to establish a baseline of “normal” White House-Russia communications. Joffe continued his DNS monitoring of the White House into February 2017, after Trump took office. Having failed to stop his campaign, the data was lined up to aid in driving him out of office. The other monitoring, of Trump’s personal and business DNS data, took place during the campaign, which of course meant it was while Obama was in the White House.
8) This guy Joffe seems right out of Better Call Saul.
In quid pro quo, Joffe was offered a top cybersecurity job in the future Hillary Clinton administration. But his background goes deep. Among other things, Joffe’s other company, Packet Forensics, sells wiretapping equipment that allows federals to spy on private web-browsing through fake Internet security certificates. This lets agents see an individual’s online transactions without obtaining a warrant. This is not to imply, at least not yet, that Joffe could have easily used his access to the White House servers to install his product and then monitor everything. Joffe’s company has done $40 million in federal contracts, including with the FBI (in 2013, FBI Director James Comey gave Joffe an award recognizing his work on a case) and the Pentagon’s Defense Advanced Research Projects Agency (DARPA.) Joffe’s firm also monitors the computers of other government officials for threats, including in the office of Justice Department watchdog Michael Horowitz, who investigated the FBI for Russiagate wrongdoing. He is one guy in position to know a lot.
Joffe started out as a direct mail marketing scammer in the 1980s. In the 90s he sat on the board of PlasmaNet, which then operated FreeLotto.com, an scammy online sweepstakes game. And small world– Joffe’s company Packet Forensics landed a recent Pentagon contract to manage Internet domains. The bid was awarded the day Joe Biden was inaugurated president.
9) What’s next?
Indictments by Durham against Joffe are almost certain. Durham may also get curious why the FBI and CIA did not question where Sussmann got his data, given that it could have only come from White House servers. In addition, if researchers at Georgia Tech who were being paid by the U.S. government via a DARPA grant were freelancing the data they collected to help the Clinton campaign smear Trump, that would be another area Durham will be looking into. Durham might also seize the Neustar-provided DNS servers if they haven’t been wiped and see if any data reading software was ever installed.
One of Durham’s earlier indictments, former FBI lawyer, Kevin Clinesmith, has already been found guilty of falsifying data on a FISA application to enable wiretapping Trump staffer Carter Page. The case against Clinton lawyer Michael Sussmann is ongoing, as is the third publicly-known indictment, against Igor Danchenko, a Russian émigré living in the United States. Danchenko made up most of what he told Christopher Steele for his dossier.
Keep your eye on Charles Dolan, a long-time Clinton hack. Dolan has close ties not only to the Clintons but to the Russians as well; he and the public relations firm where he worked represented the Russian government and were registered as foreign agents for Russia. Dolan is credited with, among other things, making up the pee tape and otherwise using cut-outs to feed false info about Trump into the dossier.
10) Anyone going to jail?
Durham’s filings are lightening flashes, briefly and unpredictably illuminating part of the whole. One thing seems clear, however. The statute of limitations on many of the process crimes Durham is pursuing, like perjury, is short. Any strategy of using little fish to catch bigger fish is likely to time out, at least as far as actual prosecutions. Instead, Durham seems intent more on exposing the larger conspiracy, to include the Russia dossier and now electronic, well, spying, by the Clinton campaign. He may also expose more fully the intelligence community’s role in all this, turning a blind eye on the sources and methods (which effect credibility) and accepting anything peddled to them about Trump. One can imagine future hearings in a Republican-controlled House showing what Hillary knew, never mind potentially Obama and Biden.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Connecting the Dots of Durham, Russiagate, the FBI, and Clinton
Let’s connect the dots among Durham, Russiagate, the FBI, and Clinton. They show the Clinton campaign ran a sophisticated, multi-prong coordinated intelligence operation against Trump with either the active or tacit support of the FBI.
In the case of prong one, the dossier, the Clinton campaign hired MI6 intelligence officer Christopher Steele. The hiring was through its law firm, Perkins Coie, who hired Fusion GPS, who hired Steele to hide the funding source. The use of the law firm as a cut out allowed Hillary during the campaign to deny she funded the dossier, and the media to claim for a year or more that it was actually the Republicans themselves who paid for it. This set up the he said/she said cover Clinton would use throughout the operation.
Once they had hired Steele, the Clinton campaign and its allies found Russians and others who would feed lies to Steele. Steele was paid to use his credibility to hide the non-credibility of his pushed-sources. They were taken seriously only because Steele was taken seriously, albeit only because he was paid by Clinton to do so. You could not achieve much putting a thug like Igor Danchenko himself on CNN. This is known as embellishing your sources.
Here are some of Steele’s sources and connections. See if they connect any dots: one of Steele’s key sources is the now-Durham indicted Igor Danchenko. Steele was introduced to Danchenko by Fiona Hill. Hill would go on to play a key role driving the Ukraine impeachment. When Danchenko did not make up stuff himself, he was spoon-fed lies by Charles Dolan, a long-time Clinton hack (it was Fiona Hill who introduced Dolan to Danchenko). Dolan had close ties not only to the Clintons but to the Russians as well; he did PR work for the Russian government and was registered as a foreign agent for Russia. Dolan also fed bogus info to Olga Galkina, another Russian who fed info to Danchenko for inclusion in the dossier. Galkina expected Dolan to get her a job in the Hillary administration.
Steele then took his dossier down two tracks. He used his role as a former FBI informant to push the info deep into the Bureau and help trigger the Crossfire Hurricane investigation which would ultimately feed the Mueller Report. When cracks in Steele’s dossier appeared early on, they were taken care of. For example, one of those Trump staffers Steele accused of being a Russian agent, Carter Page, was actually a CIA agent. Yet when the FBI sought a FISA warrant, the FBI deleted his association with CIA from the application. Special Counsel Robert Durham prosecuted the man who did that, Kevin Clinesmith, who was found guilty, albeit years after the warrant was issued. Steele was worth his weight in gold to Clinton: he got the FBI to launch a full-spectrum investigation that included eavesdropping, use of a honey pot dangle, and foreign agents, all of which lead to three years of Mueller and right to the door of impeachment.
Steele’s second track was the media. Steele set himself up as a source to compliant media about the dossier without revealing to them he was the author of the dossier. This information loop made it appear a second entity was confirming the contents of the dossier, when in fact it was Steele surreptitiously confirming himself. It’s an old spy trick, getting inside, becoming your own corroborating source. In intelligence work, for the receiver of information, this is known as cross-contamination, an amateur error the FBI seemed OK with. The scam also generated cover for all the politicians and intelligence operatives. They could go to their bosses and say the New York Times has found a source which confirms what we’re hearing from Steele.
Every element of the dossier job is present in prong two of the broader operation, Clinton’s electronic spying on Trump. As with the dossier, it begins with the statement of work that Trump is connected with Russia and the job is to create something plausible enough to “confirm” that connection. A cut out was again used to fund things, in this case Clinton lawyer Michael Sussmann and again the firm Perkins Coie. Sussmann, with the lure of a big job in the Hillary administration, recruited Rodney Jaffe, a tech guy whose company Neustar had a contract with the Obama administration to provide DNS servers to the White House. Joffe also had connections deep into the DNS community, and used them to gain access to DNS data from Trump Tower and other properties (see what you can do with DNS data.)
Though the DNS data is no more credible than the dossier, Sussmann follows Steele’s playbook. Sussmann first takes his story as an anonymous source to the NYT in late August 2016. He then goes to the FBI and CIA on September 16, 2016, mispresents himself as not working for the Clinton campaign (he is currently under Durham indictment for that) and pitches them the story Trump and the Russian Alfa Bank have set up some sort of backdoor communications. Sussmann later added another unproven tale, that Russian smartphones were connecting regularly with the White House.
Concurrent with Sussmann’s pitch to the FBI, the Alfa story made the press in October 2016 when Slate wrote an anonymous “benevolent posse of computer scientists spurred by a sense of shared idealism” had discovered data showing secret communications between Trump and Alfa. Even after the FBI had largely abandoned the investigation as fruitless, in October 2018 the New Yorker revived it, attributing the story to anonymous “self-appointed guardians of the Internet.” The source for the latter article was Joffe, who did not disclose he was working with Sussmann who was working with Fusion GPS who was working for Clinton. That no Alfa connection was ever found is irrelevant; the story Trump was with the Russians was headlines for months. Despite knowing it was not true as the ultimate source of the false info, Hillary herself pushed it.
There will be more. But what is clear even at this point is the Clinton campaign used textbook modern espionage techniques to build a wholly-false narrative about Trump and the Russians. They deployed this campaign against Trump the candidate and still got beaten. Clinton then kept it alive, in part with the FBI and Crossfire Hurricane as a proxy, even after Trump took office. Was that simple vengeance, or part of some even more elaborate campaign that would somehow end with Hillary in the Oval Office?
We also know the FBI was likely either in the conspiracy, or at best a willful idiot alongside it. Signs the dossier was garbage appeared instantly, and even the slightest investigative efforts by the FBI would have revealed how weak Steele’s sources and methods were, and that Steele was being paid by Clinton. Indeed, when the FBI found one crack, that Carter Page was an American CIA agent, they simply covered that up. The same with Sussmann and his DNS data; it would have been obvious White House DNS data could have only come from inside the White House, yet there are no signs the FBI questioned how Sussmann, supposedly a private citizen, came to possess it. And was the FBI really unable to determine Sussmann was paid by Clinton? It is chilling to remember FBI agents and illicit lovers Peter Strzok and Lisa Page exchanged texts saying “Page: ‘Trump’s not ever going to become president, right?’ Strzok: ‘No. No he’s not. We’ll stop it.’”
“The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one, that the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign,” said Kevin Brock, the FBI’s former intelligence chief. “And yet they knowingly ran with its false information.”
A sophisticated, multi-prong coordinated intelligence campaign was run with either the active or tacit support of the FBI. It suggests why Robert Mueller walked so close to the edge of indictment and backed off. If his indictments failed under court scrutiny, the person in charge of all this would have been exposed. Beyond Clinton and Trump, Mueller was protecting someone in his beloved FBI. This goes deep.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
What John Durham Really Said About Hillary Spying
There is a word for secretly collecting information about enemies or competitors to use against them.
According to the latest court filing by Special Counsel John Durham, the Hillary Clinton campaign surreptitiously and likely illegally reached into protected White House and Trump communications data to try and show some link between Trump and Russia. The Clinton campaign during the election hid from FBI, CIA, and the media that it was the source of the information gathered. Durham doesn’t use the word “spy” but that in no way changes what happened.
The recent filing relates to Durham’s September indictment of Michael Sussmann, an attorney who represented the Clinton campaign while at the Perkins Coie law firm. Sussmann is accused of lying to the FBI at a September 2016 meeting when he presented documents claiming to show Internet communications between Trump and Russia-based Alfa Bank. The indictment says Sussmann falsely told the FBI he was presenting this information as a good citizen, purposely hiding his ties to Clinton. The allegations about the bank were false.
The new filing is at its heart legal housekeeping, asking that a waiver be considered to allow Sussmann to retain his current law firm. A potential conflict of interest exists because Sussmann’s representative works for a law firm which also represents others Durham may be going after, and may have been involved in the larger events under investigation, perhaps as witnesses. While that is interesting in itself, what is news worthy are broader details of what really happened around Russiagate that potentially point to crimes on a Watergate scale.
The filing says tech company Neustar executive Rodney Joffe (who was also a law client of Michael Sussmann) worked with the indicted Clinton campaign lawyer to access “dedicated servers for the Executive Office of the President of the United States (EOP).” Joffe then “exploited this arrangement by mining the EOP’s DNS traffic and other data for the purpose of gathering derogatory information about Donald Trump.”
Joffe also “enlisted the assistance of researchers at a U.S.-based university” (likely Georgia Tech) who had access to “large amounts of Internet data in connection with a pending federal government cybersecurity research contract.” This would have been how Joffe got access to data from Trump’s private computers. “[Joffe] tasked these researchers to mine Internet data to establish ‘an inference’ and ‘narrative’ tying then-candidate Trump to Russia,” he added. “In doing so, [Joffe] indicated that he was seeking to please certain ‘VIPs,’ referring to individuals at Law Firm-1 and the Clinton campaign.”
Some nerd stuff. Remember metadata, the info about a communication Edward Snowden showed us the NSA gathers? This is like that. Metadata shows, among other things, when and where a communication started, and where it ended up. DNS data, a kind of metadata, comes from a Domain Name Server. When you use a smartphone or type www.spectatorworld.com into your browser, it contacts a DNS server, which translates those English words into the numbers the Internet actually runs on.
DNS is like a phone lookup; you want to speak with Mom, who the phone knows only as 212-555-1212. Same thing for email, Tik Tok, anything online. If you have access to DNS data, such as Joffe did, you know who the White House and Trump were communicating with. DNS data is a road map and if you have enough of it, patterns, such as perhaps regular communication with Russia, emerge. That’s why the NSA does the same thing against its enemies or competitors.
The Clinton people got access to all this information via a private contractor, Joffe’s Neustar, which provided the actual DNS servers to the White House. Durham wrote, starting in July 2016, Joffe’s company “exploited this arrangement by mining the EOP’s DNS traffic and other data for the purpose of gathering derogatory information about Donald Trump.” In quid pro quo, and despite a fraud-laden past, Joffe was offered a top cybersecurity job in the future Clinton administration.
The data gathering on the Trump campaign began while Obama was still in office (and the EOP portion could have been to establish a baseline of “normal” White House-Russia communications) and continued into February 2017, after Trump took office and all attention turned to impeachment. Having failed to stop his campaign, the data was lined up to aid in driving him out of the White House.
But no one stole or hacked the data, right? Not so fast. Contractors working on sensitive data systems do not own the data they see. Their scope of usage is very specific to the job they were hired to do. It does not include exploiting high-security government contracts for political purposes and personal gain. Sort of like your doctor, who knows your medical information but cannot just share it with his brother who sells life insurance.
Indictments by Durham against Joffe are sure to be coming. It is also curious FBI and CIA did not question where Sussmann got his data, given that it could have only come from White House servers. In addition, if researchers at Georgia Tech who were being paid by the U.S. government via a DARPA grant were freelancing the data they collected to help the Clinton campaign smear Trump, that would be another area Durham will be looking into.
Back to Michael Sussmann, the Clinton lawyer. As he tried to get the FBI interested in the Trump-Alfa Bank tale in September 2016, Sussmann went to the CIA (“Agency-2”) on February 9, 2017 and “provided an updated set of allegations — including the Russian Bank-1 data and additional allegations relating to Trump.”
Sussmann also “claimed lookups demonstrated that Trump and/or his associates were using supposedly rare, Russian-made wireless phones in the vicinity of the White House.” Durham says this is unsupported, though as recently as October the New York Times was still defending it. The Durham filing also maintains Sussmann lied again to CIA about having any affiliation with his paying clients Joffe and the Clinton campaign.
So call it what you will — spying, hacking, infiltrating, a rebut to but her emails – but here is what it is: Durham asserts Neustar, on behalf of the Clinton campaign, gathered data likely illegally and certainly surreptitiously from White House and Trump computers, seeking a connection to Russia. Lawyer Michael Sussmann, hiding his connection to Clinton and Joffe, brought false conclusions drawn from this data to FBI and CIA (and perhaps the DOJ Inspector General) in hopes they would turn their enormous resources toward investigating Trump. The con worked with the FBI.
This would mean Hillary and her lawyers masterminded a coordinated electronic conspiracy against Trump when he was a candidate and later president, while simultaneously perpetuating the dossier hoax. As with the dossier, everything Clinton peddled was fake. There was no pee tape, no payoffs from Putin, no connection to Alfa Bank, and no Russian-made smartphones. But this is not a fake scandal. Durham has potentially uncovered the most destructive political assassination attempt since Kennedy.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Wishing Trump Away from 2024
The Democrats only possible path forward is to ensure Trump does not run in 2024. They want to lock him in jail.With only three years left to go, the 2024 race is narrowing quickly to Trump versus Some Democrat. By election day President Biden will be a vaguely sentient 82, VP Harris likely will have left the country, and the Dem’s rainbow coalition of identity claimants will quickly winnow itself down to nobody as their collective lack of experience devalues their various claims of victimhood. What to do about Trump?
You can convince a group of Americans for awhile Trump is a Russian agent, or violated an Emoluments Clause thingie they never heard of, just by saying it over and over. The problem is once the accusation reaches the judicial system, the Maddow-Goebbels Gambit withers. Once in the courts, words like “fraud” have very specific meanings. Treason, and anything that brushes against free speech such as incitement, have long trails of precedence. Even for something as basic as the Kyle Rittenhouse self-defense case, any first year law student will tell you there are five elements that need to be met. If the jury agrees they were met, the defendant walks, whether BL really M or not. The rule of law means those tests apply no matter how certain the public is that Rittenhouse is a murdering white supremacist. Or Trump an immoral misogynist. Of course what the Dems really want is a law making “being Trump” illegal. But in America those things are still weighed by elections.
Everyone is familiar with the litany of such failures to turn belief into crime over the last four years — Emoluments Clause, Russiagate, impeachments I and II, Stormy Daniels, obstruction of justice, and incitement. On the sidelines were extra-judicial attempts connected with the 25th Amendment, having doctors who never examined the man declaring Trump mentally ill, and even accusations of incest. The Southern District of New York previously failed to indict Trump’s children and failed to prosecute Paul Manafort. E. Jean Carroll’s rape-cum-defamation case was so egregiously lousy even the Biden DOJ took Trump’s side.
One of the latest rumored prosecutions-to-come involves Trump under-valuing properties for tax reasons, then over-valuing them to get loans, which despite the banks involved being happy enough with the terms after their own due diligence, Dems think maybe could be some kind of fraud. This kind of property valuation switch is practically New York City’s official sport, and is often and well-played by many property owners a few billion dollars short of Trump. The regulations governing how one values a NY property are thick. Built into the law is an automatic fudge allowing the same property to have both a high market value and a lower asset value. Problems are sorted out as civil matters and usually settled with the city sending out a bill, especially if the bank is not claiming fraud, only the DA, as in Trump’s case. “New York’s property tax system,” wrote Bloomberg, “is demonstrably inaccurate and unfair.” Michael Cohen, recently in prison for being a liar, is trying for another round in the spotlight claiming he has the evidence. To think the Dems will ignite righteous anger among voters with something this dense is quite funny.
All the smoking guns fired blanks. Behind every attempt to overturn the election was a certainty by the zealots that Trump must be guilty of something. Yet it all failed. Trump served out his term. He is not in jail. But “just you wait!” remains an ever-weaker rallying cry heard by ever-fewer diehards.
Like bad poker players, the Dems have all too obviously tipped their hand on their 2024 strategy. The full-court press will, sadly, focus on January 6, an out-of-hand riot wished into a second life as a coup, an insurrection, or an overthrow attempt. The characterization is silly; among other things, a coup must have some path towards success, in this case, preventing Joe Biden from becoming president. The rioters at best might have delayed the largely ceremonial counting of the Electoral College votes until the next day. They didn’t even get that done.
As before, the truth is of little importance. The Daily Beast is one of many outlets claiming “If Merrick Garland Doesn’t Charge Trump and His Coup Plotters, Our Democracy Is Toast.” The article does not mention any specific, chargeable crime Trump is to be charged with, though it mentions the words coup and abuse of power a lot. Like all of its lot, it does not address the gaping question of why the actual Capitol rioters have only been charged with things like trespassing, and not treason or sedition. Surely as what one journalist called the armed wing of the Republican Party (comparing them to the IRA and Sinn Fein) some of the January 6 cosplayers should by now be charged with something serious enough to warrant fears the Republic itself hangs by a thread.
Since the Democrats have no viable 2024 candidate, and since Trump’s support remains high, the only way to defeat him is by some non-electoral process just short of Dealey Plaza. Political prosecutions are not new in America. Political pogroms are. There has never in our history been a more sustained yet unsuccessful judicial effort to oust or destroy one man.
The Democrats, so used to failing at this, are also not looking at the secondary effects of their dirty work, specifically wearing out the public they seek to influence against Trump. After four years of faux scandals being spiked into the public’s veins, how many more times can they try the same game before voters simply stop listening? Meanwhile, every shot at Trump that misses only increases support among his own followers as the candidate brags about beating the charges again. When non-supporters begin to ask themselves if indeed Trump is right when he claims persecution, the Dems have already lost.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Russiagate: Proof It was Hillary All Along
It was Hillary all along. The indictment by Special Counsel John Durham of Igor Danchenko for lying to the FBI demonstrates conclusively the Steele dossier was wholly untrue. Clinton paid for the dossier to be created and Clinton people supplied the fodder. Steele, working with journalists, pushed the dossier into the hands of the FBI to try to derail the Trump campaign. When that failed, the dossier was used to attack the elected president of the United States. The whole thing was the actual and moral equivalent of a Cold War op where someone was targeted by the FBI with fake photos of them in bed with a prostitute.Start with a quick review of what Durham uncovered about the most destructive political assassination since Kennedy.
Christopher Steele, paid by the Clinton campaign (after Clinton’s denial, it took a year for congressional investigators to uncover the dossier was commissioned by the opposition research firm Fusion GPS, working for the Democratic Party and Hillary Clinton’s campaign, paid through the Perkins-Coie law firm) did no investigative work. Instead, his reputation as a former British intelligence officer was purchased to validate a dossier of lies and then to traffic those lies to the FBI and journalists.
Durham’s investigation confirms one of Steele’s key “sources” is the now-arrested Danchenko, a Russian émigré living in the U.S. Steele was introduced to the Russian by Fiona Hill, then of the Brookings Institute (Hill would go on to play a key role in the Ukraine impeachment scam.) Danchenko completely made up most of what he told Steele about Trump-Russian collusion. What he did not make up himself he was spoon fed by Charles Dolan, a long-time Clinton hack and campaign regular. Ironically, Dolan had close ties not only to the Clintons but to the Russians as well; he and the public relations firm where he worked represented the Russian government and were registered as foreign agents for Russia. Dolan is credited with, among other things, making up the pee tape episode. Dolan also fed bogus info to Olga Galkina, another Russian who passed the information to Danchenko for inclusion in the dossier. Galkina noted in e-mails she was expecting Dolan to get her a job in the Hillary administration. Steele, a life-long Russia and intelligence expert, never questioned or verified anything he was told.
In short: Clinton pays for the dossier, Steele fills it with lies fed to him by a Clinton PR stooge through Russian cutouts, and the FBI swallowed the whole story. There never was a Russiagate. The only campaign which colluded with Russia was Clinton’s. And Democrats, knowing this, actually had the guts to claim it was Trump who obstructed justice.
That the dossier was a sham was evident to anyone who ever read a decent spy novel. It was a textbook information op and The American Conservative, without any access to the documents Durham now has, saw through it years ago, as did many other non-MSM outlets. See here (2/5/2018). Here (2/15/2018). Here (6/15/2018.) Here (3/25/2019.) Here (12/11/2019) and more. What was obvious from the publicly available information was, well, obvious to everyone but the FBI.
The dossier was the flimsy excuse the FBI used to justify a full-on investigation unprecedented in a democracy into the Trump campaign. That included electronic surveillance (obtained by the FBI lying directly to the FISA court and presenting Steele’s lies as corroborating evidence,) the use of undercover operatives, false flag ops with foreign diplomats and case officers, and prosecution threats over minor procedural acts designed to legally torture low level Trump staffers (Carter Page, who the FBI knew was a CIA source, and George Papadopoulos) into “flipping” on the candidate.
Page in particular was a nobody with nothing, but the FBI needed him. Agents “believed at the time they approached the decision point on a second FISA renewal that, based upon the evidence already collected, Carter Page was a distraction in the investigation, not a key player in the Trump campaign, and was not critical to the overarching investigation.” They renewed the warrants anyway, three times, due to their value under the “two hop” rule. The FBI can extend surveillance two hops from its target, so if Carter Page called Michael Flynn who called Trump, all of those calls are legally open to monitoring. Page was a handy little bug used for a fishing expedition.
What’s left is only to answer was the FBI really that inept that they could not see a textbook op run against them or that the FBI knew early on they had been handed a pile of rubbish but needed some sort of legal cover for their own operation, spying on Trump, and thus decided to look the other way at the obvious shortcomings of Steele’s work.
“The fact pattern that John Durham is methodically establishing shows what James Comey and Andrew McCabe likely knew from day one the Steele dossier was politically-driven nonsense created at the behest of the Clinton campaign,” said Kevin Brock, the FBI’s former intelligence chief. “And yet they knowingly ran with its false information to obtain legal process against an American citizen. They defrauded not just a federal court, they defrauded the FBI and the American people.”
The 2019 Horowitz Report, a look into the FBI’s conduct by the Justice Department Inspector General, made clear the FBI knew the dossier was bunk and purposefully lied to the FISA court in claiming instead the dossier was backed up by investigative news reports, which themselves were secretly based on the dossier. The FBI knew Steele, who was on their payroll as a paid informant, had created a classic intel officer’s information loop, secretly becoming his own corroborating source, and gleefully looked the other way because it supported their goals.
How bad was it? At no point in handling info accusing the sitting president of being a Russian agent, what would have been the most significant political event in American history, did the FBI seriously ask themselves “So exactly where did this information come from, specific sources and methods please, and how could those sources have known it?” Were all the polygraphs broken? The FBI learned Danchenko was Steele’s primary source in 2017, via the Carter Page tap, and moved ahead anyway.
From the FBI’s perspective, turning a blind eye was not even that risky a gambit. They were so certain they would succeed (FBI agents and illicit lovers Peter Strzok and Lisa Page exchanged texts saying “Page: “Trump’s not ever going to become president, right? Strzok: No. No he’s not. We’ll stop it.”) and Hillary would ascend to the Oval Office that they felt they would have top cover for their evil. After Trump won and the FBI’s coup planners shifted to impeachment, they held on to their top cover as James Comey presented himself as the man on the cross, aided by a MSM which cared only about a) ending Donald Trump and b) cranking up their ratings with dollops of the dossier’s innuendo. A mass media that bought lies about nonexistent weapons of mass destruction in Iraq and then promised “never again” did it again.
If a genie granted me a wish, I would want a conversation with Robert Mueller under some sort of truth spell. Did Mueller “miss” all the lies in his lengthy investigation, hoping to protect his beloved FBI? Or did he see himself as a reluctant white knight, having realized during his investigation the real crime committed was coup planning by the FBI and thinking that by ignoring their actions but clearing Trump he would bring the whole affair to its least worst conclusion?
I suspect Mueller realized he had been handed a coup-in-progress to either abet (by indicting Trump on demonstrably false information) or bury. He could not bring himself to destroy his beloved FBI. But the former Marine could also not bring himself to become the Colin Powell of his generation, squandering his hard won reputation to validate something he knew was not true. Mueller split the difference, and kept silent on the FBI and left Trump to his own fates.
This is the third indictment by Durham. Danchenko’s indictment, Clinton campaign lawyer Michael Sussmann’s, and FBI lawyer Kevin Clinesmith’s depict criminal efforts to get Trump. The arrest of Danchenko makes clear Durham knows the whole story. What will he do with it? Will he walk his indictments up the ladder ever-closer to Hillary? Will he proceed sideways, leaving Hillary but moving deeper into the FBI? Maybe see if Fiona Hill connects the failed Russiagate coup she played a pivotal role in with the failed Ukrainegate impeachment she played a pivotal role in? Or will he use the stage of Congressional hearings as a way to bypass Joe Biden’s Justice Department and throw the real decision making back to the voters?
History will record this chapter of America’s story as one of its more sordid affairs. Only time however will tell if the greater tale is one of how close we came to ending our democracy via an intelligence agency coup, or whether Russiagate was just a nascent practice run by the FBI, on a longer road which led to our demise a president or two later. For those who belittled the idea of the Deep State, this is what it looks like exposed, all pink and naked.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
CIA (Dis)Information Operations Come Home to the US
Reporters joke the easiest job in Washington is CIA spokesman. You need only listen carefully to questions and say “No comment’ before heading to Happy Hour. The joke, however, is on us. The reporters pretend to see only one side of the CIA, the passive hiding of information about itself. They meanwhile choose to profit from the other side of the equation, active information operations designed to influence events in America. It is 2021 and the CIA is running an op against the American people.
Leon Panetta, the Director CIA from 2009 to 2011 explained bluntly his CIA did influence foreign media outlets ahead of elections in order to “change attitudes within the country.” The method, Panetta said, was to “acquire media within a country or within a region that could very well be used for being able to deliver a specific message or work to influence those that may own elements of the media to be able to cooperate, work with you in delivering that message.”
The CIA has been running such information ops to influence foreign elections since the end of WWII. Richard Bissell, who ran the agency’s operations during the Cold War, wrote of “exercising control over a newspaper or broadcasting station, or of securing the desired outcome in an election.” A report on the CIA in Chile boasts the Agency portrayed its favored candidate in one election as a “wise, sincere and high-minded statesman” while painting his leftist opponent as a “calculating schemer.” At one point in the 1980s foreign media insertions ran 80 a day.
The goal is to control information as a tool of influence. Sometimes the control is very direct, simply paying a reporter to run a story, or, as was done in Iraq, simply operating the media outlet yourself (known as the Orwellian Indigenous Media Project.) The problem is such direct action is easily exposed, destroying credibility.
A more effective strategy is to become a source for legitimate media such that your (dis)information inherits their credibility. The most effective is an operation so complex one CIA plant is the initial information source while a second CIA plant acts seemingly independently as a confirming source. At that point you can push information to the mainstream media, who can then “independently” confirm it, sometimes unknowingly, through your secondary agents. You can basically write tomorrow’s headlines.
Other techniques include exclusive true information mixed with disinformation to establish credibility, using official sources like Embassy spokesmen to appear to inadvertently confirm sub details, and covert funding of research and side gigs to promote academics and experts who discredit counter-narratives. The academics may never know where their money comes from, adding to their credibility.
From the end of WWII to the Church Committee in 1976, this was all just a conspiracy theory. Of course the US would not use the CIA to influence elections, especially in fellow democracies. Except it did. By its nature reporting on intelligence always requires one to work with limited information. Always give time a chance to explain.
Through Operation Mockingbird the CIA ran over 400 American journalists as direct assets. Almost none have ever discussed their work publically. CIA documents show journalists were engaged to perform tasks for the CIA with the consent of the managements of America’s leading news organizations. The New York Times alone willingly provided cover for about ten CIA officers over decades and kept quiet about it. Such long term relationships are a powerful tool, so feeding a true big story to a young reporter to get him promoted is part of the game. Don’t forget the anonymous source who drove the Watergate story was an FBI official who through his actions made the careers of cub reporters Woodward and Bernstein. Bernstein went on to champion the Russiagate story. Woodward became a Washington hagiographer. Ken Dilanian, formerly with the Los Angeles Times, the Associated Press, and now working for NBC, maintains a “collaborative relationship” with the CIA.
That’s the tradecraft and the history. The problem for America is once again the tools of war abroad have come home. The intelligence community is currently operating against the American people using established media.
Some of it can’t be more obvious. The CIA always planted stories in foreign media for American outlets to pick up. The Agency works directly with Hollywood to control movies about itself. Turn on any of the advocacy media outlets and you see panels of former CIA officials. Journalist Matt Taibbi even created a list (and since ex-‘s need agency clearance to speak, all are of the officially approved class.) None is more egregious than John Brennan, former Director CIA, who for years touted Russiagate when he knew from information gathered while he was still in office it was all a lie. The uber-lie that Trump was dirty with Russia was leaked to the press most likely by Brennan in January 2017 as the kick off event to the info op still running today.
Brennan’s role is more than speculation. John Durham, the US attorney leading the ongoing “how it happened” Russiagate investigation into the intelligence community, has requested Brennan’s emails and call logs from CIA. Durham is also examining whether Brennan changed his story between his public comments (not under oath, say anything) and his May 2017 testimony to Congress (under oath, watch out for perjury) about the dossier. Reporter Aaron Mate is less delicate, laying out the evidence Brennan was “a central architect and promoter of the conspiracy theory from its inception.” Even blunter is Senator Rand Paul, who directly accuses Brennan of trying “to bring down a sitting president.”
It was all based on nothing but disinformation and the American press swallowed every bit of it, turning the op into a three year tantrum falsely convincing a vast number of citizens their nation was run by a Russian asset. Robert Mueller, whose investigation was supposed to propel all this nothing into impeachment hearings, ended up exercising one of the last bits of political courage Americans will ever see in walking right to the edge of essentially a coup and refusing to step off into the abyss.
The CIA is a learning institution, and recovered well from Russiagate. Details can be investigated. That’s where the old story fell apart. The dossier wasn’t true. But the a-ha discovery was since you’ll never formally prosecute anyone, why bother with evidence. Just throw out accusations and let the media fill it all in for you. The new paradigm included let the nature of the source — the brave lads of the intelligence agencies — legitimize the accusations this time, not facts. Go overt and use the new, unexpected prestige of the CIA as progressive heros to substantiate things.
So in December 2017 CNN reported Donald Trump, Jr. had advance access to the WikiLeaks archive. Within an hour, NBC’s Ken Dilanian and CBS both claimed independent confirmation. It was a complete lie, based on fabricated documents. How do you confirm a lie? Ask another liar.
In February 2020, the Office of the Director of National Intelligence (ODNI) briefed the House Intelligence Committee the Russians were election meddling again to favor Trump. A few weeks earlier, the ODNI briefed Bernie Sanders the Russians were also meddling in the Democratic primaries in his favor. Both briefings were leaked, the former to the New York Times to smear Trump for replacing his DNI, the latter to the Washington Post ahead of the Nevada caucuses to damage Sanders.
In June 2020 The New York Times stated CIA officials concluded the Russians “secretly offered bounties to Taliban-linked militants for killing coalition forces in Afghanistan — including targeting American troops.” The story ran near another claiming Trump had spoken disrespectfully about fallen soldiers. Neither story was true. But they broke around the same time Trump announced his plan to withdraw troops from Afghanistan, aimed at discouraging pro-military voters.
Earlier this month The Washington Post, citing anonymous sources, claimed the FBI gave a defensive briefing to Rudy Giuliani in 2019, before he traveled to Ukraine. Giuliani supposedly ignored the warning. The story was “independently confirmed” by both NBC and The New York Times. It was totally false.
The American system always envisioned an adversarial role for the media. One of the earliest challenges to freedom of the press was the Colonial-era Peter Zenger case, which established the right of the press to criticize politicians free from libel charges. At times when things really mattered and even as other journalists hid under their beds, men like Edward R. Murrow worked their craft to preserve democracy. Same for Walter Cronkite finally reaching his opposition to the Vietnam War, and the New York Times reporters weighing imprisonment to publish the Pentagon Papers.
In each of those instances the handful of reporters who risked everything to tell the truth were held up as heroes. Seeing the Times fighting for its life, the Washington Post co-published the Pentagon Papers to force the government to make its case not just against a rival newspaper, but the 1A itself.
Not today. Journalism is today devoted to eliminating practitioners unwilling to play the game. Few have been targeted more than Glenn Greenwald (with Matt Taibbi as runner up.) Greenwald exploded into a journalistic superhero for his reporting on Edward Snowden’s NSA archive, founding The Intercept to serve as a platform for that work (Greenwald’s downfall parallels Julian Assange, who went from liberal hero for exposing the foundational lies of the Iraq War to zero when his Wikileaks was demonized for supposedly helping Donald Trump.)
Greenwald’s criticism of the media for accepting Deep State lies as truth, particularly concerning Russiagate, turned him into a villian for progressives. MSNBC banned him, and other media outlets ran stories critical of him. Then something very, very odd happened to make it appear The Intercept outed one of its own whistleblower sources. Evidence suggests the source was a patsy, set up by the intel community, and exposed via Matt Cole, one of The Intercept journalists on this story. Cole was also involved in the outing of source CIA officer John Kiriakou in connection with torture claims. Either way new whistleblowers will think twice before turning to The Intercept. Greenwald recently quit the site after it refused to publish his article on Hunter Biden’s ties to China unless he deleted portions critical of Joe Biden.
Greenwald seems to have figured out the intel community’s game, writing “the most significant Trump-era alliance is between corporate outlets and security state agencies, whose evidence-free claims they unquestioningly disseminate… Every journalist, even the most honest and careful, will get things wrong sometimes, and trustworthy journalists issue prompt corrections when they do. That behavior should be trust-building. But when media outlets continue to use the same reckless and deceitful tactics — such as claiming to have ‘independently confirmed‘ one another’s false stories when they have merely served as stenographers for the same anonymous security state agents while ‘confirming’ nothing — that strongly suggests a complete indifference to the truth and, even more so, a willingness to serve as disinformation agents.”
Democracy has no meaning if people simply vote uninformed, as they are propagandized. It will be sport for future historians to mark the thing that most pushed America into decline. Seeing decades of success abroad in using info ops, the CIA and others turned those weapons inward. So seeing her Deep State meddle in presidential politics, simultaneously destroying (albeit mostly with their cooperation) the adversarial media, while crushing faith in both our leaders and in the process of electing them, will certainly be a top qualifier.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Will Trump EVER Leave?
I’ve got a list of bookmarks as long as my fave drug store receipts declaring threats to the republic, end of democracy, and the arrival of dictatorship. When I turn on cable news, the end of America as we know it — the literal end, as in North Korean-style lives for us — is nearly a regular feature alongside weather and sports when we had sports. I’ve tried to make a little career out of debunking that fear mongering. But now I’m scared.
Joe Biden announced his plans: Biden (who despite appearances is the Democratic candidate for president) said he is “absolutely convinced” the military may have to remove President Trump from the White House if he refuses to leave after losing November’s election. Joe warned “This president is going to try to steal this election… It’s my greatest concern.” Asked whether he’s thought about what would happen if he wins but Trump decides not to leave the White House, Biden responded: “Yes I have.” After mentioning the high-ranking former military officers who spoke out about Trump’s response to BLM protests, he went on: “I’m absolutely convinced they will escort him from the White House.” Biden has been saying this now for months.
It’s one thing when for clicks goofy Michael Moore, Donny Deutsch or Bill Maher muse Trump will not leave if he loses, or an Op-Ed worries Trump will unleash nuclear apocalypse in some Strangelovian bid to stay in office. Nearly everyone on Autonomous Free Twitter knows the voting will be rigged. Some knucklehead wrote a book about it based on a fan fiction reading of the 12th Amendment. TDS poster child Lawrence Tribe even said it about the midterm elections two years ago. Democrats have voiced “concerns” Trump would use the coronavirus crisis to delay or delegitimize the election.
But this is Joe Biden saying it: Trump will attempt some sort of unconstitutional coup. Joe Biden who was vice president twice. Joe Biden, Lion of the Senate, and for several centuries the gray representative of the credit card industry. Joe Biden who is not stupid, naive or dramatic.
Biden is, however, just a pawn in the game. They’re setting it up, aren’t they?
The NYT, as is its role, already fired several signal flares. They characterize Trump as a cornered despot, capable of anything to avoid losing. In another one article the Times announced “Trump Sows Doubt on Voting. It Keeps Some People Up at Night,” quoting a Georgetown University law professor “reactions have gone from, ‘Don’t be silly, that won’t happen,’ to an increasing sense of, ‘You know, that could happen.’” The professor even convened a group to brainstorm how Trump could disrupt the election and to think about ways to prevent it. They speculate Trump could declare a state of emergency, maybe COVID-related, in battleground states, banning polling places from opening. Or Attorney General Barr could Comey-like announce a criminal investigation into Biden.
The online comment responses to the NYT articles were amazing. People are ready for this. They are convinced Trump is defunding the post office so no one can mail-in absentee ballots (which the left somehow imagines will all be for Biden), and that Trump is sending out coded signals to his militias to take to the streets if it looks like he is losing. One reader is more confident: “We have a National Guard to deal with Trump’s 2nd amendment people” though more than a few claim what happens in November “will depend on where the military’s loyalty lies.” Many think the Supreme Court is a tool in all this, with Kavanaugh a grateful lickspittle linchpin to enable a November coup through some sort of judicial invalidation of the election. Many seem certain Trump will face jail if he leaves office and thus will illegally stay in office to stay out of jail; one says “DJT knows that once voted out he will still have to answer to Putin.”
That Americans think this way is scary enough. But here’s my nightmare.
After a long October of rumors from sources about some Surprise (war with Iran, martial law in Seattle) fails to produce a surge in Never Trump voters, the media pivots to the cheating narrative. Trump is doing something with mail in ballots, black people can’t get to the polls in Georgia, the Attorney General in Kentucky will undercount urban areas. The media will explode like a ripe zit, splattering fake news, exaggerations, and experts, all with a single point to make: the results on election day will not be valid if Trump wins. Academics will fan the flames, bleating on about the importance of the popular vote and rehashing old arguments from 2016 about the invalidity of the Electoral College.
All will be forgotten faster than Robert-What’s-His-Name-Mueller if Biden wins. But if by pre-2016 standards Trump is the winner, boom! The media will refuse to concede. The Dems will put a little lipstick on it with strident local court challenges, demands for recounts, emergency hearings in the House, but keep it out of the Supreme Court. Democrats don’t want a conclusion, they want a crisis. Trump will fulfill his standard role as his own worst enemy and hold rallies to re-declare victory over and over. But the story everywhere else will be Trump is not the president-elect, the election was not legitimate, and that orange bastard’s presence in the White House after January 20 will be a Konstitutional Krisis. Privately the Democratic power brokers will whisper something remarkably undemocratic other than accepting the results of the election has to be done to save our democracy.
What happens after that is beyond guessing. A best case scenario is some party graybeards get through to an exhausted and befuddled Biden and talk him out of it. A bad scenario has Obama emerge under the guise of being a neutral party to negotiate a (Democratic Party) conclusion. A very bad scenario has the same third party actors who whipped Black Lives Matter protesters into a looting mob repeat the performance. By that point nearly everyone will demand the military step in for different reasons. A very, very bad scenario will have a real-world event intervene, like an enemy abroad taking advantage of the chaos. The need to act expeditiously will slip a “temporary” military government into place faster than CNN can play the Breaking News music.
You believed Trump was a Russian sleeper agent but you’re calling me paranoid? In 2016 learned scholars tested legal theories the Electoral College was invalid, and created a Constitutional Frankenstein where the electors voted for Hillary based on the popular vote. The idea the election was invalid due to foreign influence sullies discussion still today, and one political writer continues to place an asterisk next to the term “President Trump*” to denote questionable claim to the title.
For nearly four years the same forces that may declare 2020 invalid tried very hard to convince us 2016 already was. There are plenty of Hillary people (including Hillary) who have not accepted 2016. Has Stacey Adams really accepted her defeat yet? Think back to everything that happened during the last election, the gaming done by Comey and the FBI to influence results. Remember how the intelligence community manipulated Russiagate. Why wait for November 2020 to have a coup? We’re been in what Matt Taibbi calls a permanent coup for years. They’ve been practicing to declare 2020 illegitimate, trying out the arguments, teeing them up, trial balloons.
Any of the those things would have been considered crazy talk only a few years ago. None would have ever passed into the mainstream. Compare Russiagate to the Great Obama Birth Certificate kerfuffle. The idea Obama was ineligible for office festered in right wing talk radio. It was dismissed as factless by just about everyone else. Fast forward to 2016+ and America’s paper of record is happy to front a story the president is subject to blackmail over a pee tape based on nothing but desperate hope it might be true.
The critical tool for a potential end of democracy is peoples’ new conditioned readiness to believe almost anything. The media tells the world what’s important using a very narrow range of truth if available, or just makes things up if truth is not around to be manipulated. When outed, the MSM switches to something else, and though the specific previous topic no longer exists as fact, it devolves into as one part of a broad idea — Trump is bad. Like summing up a range of experiences to say “Yeah, good vacation to Italy.” The people remain on call to be upset about whatever the news says to be upset about next, such as “Trump stole the election.” It’s really very easy. Remember literally overnight the media had people convinced protesting during lockdown was deadly and then (whoosh, silence=violence) not protesting during lockdown was deadly.
We end up living exhausted, on knife’s edge, neck deep in cynicism, decline, and distrust. And scared. There are no facts anymore, only what people can be made to believe. That power was not well understood in 2016 and clumsily applied. Today it is ripe for exploitation far beyond generating clicks and ad revenue. I don’t think Trump will try to stay in office if he loses. But there are people who will tell us that to try and play on our fears to steal this election. That’s why I am finally scared.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Neverending Trump Story
If you get to the end of this and think all it’s doing is defending Trump, you’ve missed the point.For the first time in months there is no front page COVID story. The replacement is the police killing in Minneapolis and chaos everywhere else. But the repurposing is familiar: blame Trump for the tragedy to defeat him in November.
For months there were ran charts and tickers of COVID infections, deaths, missing ventilators, anything countable that made things look bad. When the stock market was hemorrhaging money those numbers were in red up front. Today, if it’s COVID info you seek, look for it where it started, before it was rebooted from Wuhan’s Virus to Trump’s Virus, back in the business section. Somebody else’s blood is going to have to rescue Biden.
The precipitating news peg is the death of another black man at the hands of another white cop under another set of dubious circumstances. If 100,000 COVID deaths can’t shake your faith in Trump, maybe one more of these will. In the eyes of the media, it is of course all Trump’s fault. The problem with that is former Minneapolis police officer Derek Chauvin, now charged with murder in the death of George Floyd, previously shot one suspect, was involved in the fatal shooting of another, and received at least 17 complaints during his nearly two decades with the department.
Nobody prosecuted him for any of that, including never-gonna-be-VP Amy Klobuchar, as a county prosecutor. Klobuchar also did not criminally charge other cops in the more than two dozen officer-involved fatalities during her time as prosecutor. She punted those decisions to a grand jury. Current Minnesota Attorney General Keith Ellison, who was a lawyer and state legislator when Klobuchar was prosecutor, defended Klobuchar’s record as “a practice that was common at the time.” That’s another way of saying systematic.
One person Klobuchar systematically declined to prosecute was today’s villian Derek Chauvin. In 2006 he was one of six officers who shot Wayne Reyes after Reyes aimed a shotgun at police after stabbing two people. Small world. And that’s before anyone looks again at Biden’s own record on these things, from Cornpop on forward.
See, this week happened before. George Bush had Rodney King. Under Bill Clinton it was Amadou Diallo shot 41 times, remembered in the Springsteen song American Skin (41 Shots). For George W. Bush, it was Sean Bell. Eric Garner was strangled by police during the Obama term, alongside the Michael Brown shooting in Ferguson, Missouri.
Barack Obama said what happened last week in Minnesota “shouldn’t be normal in 2020 America” when in fact it has been normal for some time now, including under his watch. After the police killing of Freddie Gray in Baltimore, Maryland in 2015, Obama called the protesters “criminals.” Oops. But the media has him covered now; Vox jumped in this round with “being a former president is different. Now that he is out of office, Obama is more free to try to lead the social change his candidacy once promised.” Change? Leadership? Obama’s Justice Department did not prosecute Eric Gardner’s killer. Obama’s Justice Department did not prosecute Michael Brown’s killer. So today there is still no justice, no peace. Blame Trump.
If that Minnesota cop was a violent racist, he certainly didn’t take the red pill from Trump’s hand, not with two decades of personal complaints and two decades of signature national violence and two decades of prosecutorial somnolence behind him. Remind us again, who was the black Democratic president of the United States during most of that time? Who was his black Democratic attorney general? And someone is trying to use racism in 2020 to take down Trump?
Wait, breaking news! Trump is threatening to kill Americans! In what the New York Times characterized as “an overtly violent ultimatum to protesters,” Trump tweeted the phrase “When the looting starts, the shooting starts” and threatened to deploy the National Guard to Minneapolis.
Now of course the Times knows but didn’t let on to the rubes it knows that it is very, very close to impossible for the president to federalize the National Guard for domestic law enforcement (we slogged through the explanations two years ago in another faux-panic Trump was going to order the Guard to enforce immigration laws.) The Guard generally answers to its state governor, and in the case of Minnesota, Governor Walz already called for full mobilization. It was just a tweet, carrying the weight of a feather. So it’s fitting the punishment is a tagged violation of Twitter rules and not impeachment this time.
The problem with COVID as the Trump Killer was the wrong people ended up dying, and not enough of them. Had the early predictions of millions of deaths sweeping across the nation had any truth in them, that would be hard to ignore. Had the early predictions of COVID zombies using their last strength to fight over the remaining ventilators come to pass, that would have landed a knockout punch.
COVID also killed the wrong people. One can imagine Democratic strategists shouting “Find me some white cheerleaders in Wisconsin who will never realize their dreams, dammit!” Instead, the dead were a majority poor and black, with about half of all COVID deaths in the U.S. in ravaged and neglected parts of the New York City area no one really cared much about before all this. You can see some of those areas on TV today, filled with protesters fighting cops. A few efforts at trying to tie COVID into a greater tapestry of economic inequality didn’t get very far; nobody had much concern for Amazon warehouse workers when they themselves were out of work and waiting on packages of Nutter Butters.
COVID was fundamentally a crisis of economic inequality; the bodies in New York City are the proof. If it was a failure of leadership, then that failure must be traced back some 50 years, and has less to do with a lack of PPE in 2020 than it does with a lack of national healthcare and a living wage contact traced from Nixon to whoever the next guy turns out to be, because both candidates have promised to do nothing new enough to fix those things.
It is sad and cruel and horrible to say no one cared in the end enough for the virus to beat Trump but that is what happened. Remember it in a few weeks when the news has forgotten George Floyd.
The failure of Trump not failing as a leader during COVID, or with police violence, follows a long string of similar stuff, beginning even before his inauguration. For three years we were told the president was literally a Kremlin agent doing Putin’s business out of the Oval Office based on blackmail. Then there was something about the Ukraine that rose to the level of actual impeachment that is still hard to explain and seemed to implicate Biden as much as Trump. Trump will kill us all was a meme Democrats threw against the wall multiple times, with various North Korean and Iranian wars and of course the virus. And now, forget all that. It’s racism, stupid.
Former cop Derek Chauvin didn’t wait for Trump to send out a tweet, or even take office, before becoming violent. He’d been at that for two decades. The systematic racism in Minnesota has roots deep into (d/D)emocratic governance, and wasn’t enabled by a few tweets. This is the same answer for the virus; the economic inequality which drove the virus in places like New York City has very little to do with Trump or his supposed lack of leadership, same as it had nothing to do with the made-up ventilator shortage. It is no surprise in 2020 two leading causes of death among the poor and black are police shooting and COVID.
These things run deep within our society. How obvious does it need to be, it’s not Him, it is Us. The media trying to bundle the latest crisis up and slap a “Trump” label on it, like before with Russia, Ukraine, war, and COVID, will do little to hurt his election chances, and do much to make it clear everyone continues to look the other way. If it is just a Trump problem (or a he’s on Twitter problem), it lives and dies with Trump, whenever that is. That assures us following Biden or Trump this year, or Donald Duck in 2024, there will be another virus which reapers through the poor, and long before then another street killing in a place that should be as far away as Minnesota.
If all we do is play politics with tragedy that’s all we’ll ever do toward resolving tragedy. Resolution lies in looking forward to seeking fundamental solutions over looking backward to assign blame. People in the comments below will claim this is defending Trump. That is as wrong as it is irrelevant. If anyone thinks more violence is the answer, or that this will elect Biden, or that his administration will change things, you’re missing the most important point: the revolution has been televised. You’ve watched it already, you just don’t realize which side won.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Russians are Coming! The Russians are Coming!
The Russians are back, paired alongside the American intelligence agencies playing deep inside our elections again. Who should we worry more about? Hint: Not the Russians.
On February 13 the election security czar in the Office of the Director of National Intelligence (ODNI) briefed the House Intelligence Committee that the Russians were meddling again, and that they favored Trump. A few weeks earlier, the ODNI briefed the Sanders campaign the Russians were also meddling in the primaries, this time in his favor. Both briefings remained secret until this past week, when the former was leaked to the NYT in time to make smear Trump for replacing his DNI, and the latter leaked to the WaPo ahead of the Nevada caucuses to try and damage Sanders.
Russiagate is back, baby. Russiagate II!
You didn’t think after 2016 those bad boys of the intel “community” (which makes it sound like they all live together down in Florida somewhere) weren’t going to play again, and that they wouldn’t learn from their mistakes. Those mistakes were in retrospect amateurish. A salacious dossier built around a pee tape? Nefarious academics befriending minor Trump campaign staffers who would tell all to an Aussie ambassador trolling London’s pubs looking for young, fit Americans? Falsified FISA applications when it was all too obvious even Trumpkin greenhorns weren’t dumb enough to sleep with FBI honeypots? You’d think after influencing 85 elections across the globe since WWII the community would have be better at it, sure, but you also knew after failing to whomp a bumpkin like Trump once they would keep trying.
Like any good intel op, you start with a tickle, make it seem like the targets are figuring it out for themselves. Get it out there Trump offered Wikileaks’ Julian Assange a pardon if he would state publicly Russia wasn’t involved in the 2016 DNC leaks. The story was all garbage, not the least of which was because Assange has been clear for years it wasn’t the Russians. And there was actually no offer of a pardon from the White House. And conveniently Assange is locked in a foreign prison and can’t comment. Whatever, time the Assange story to hit the day after Trump pardoned numerous high-profile scum bag white-collar criminals, so even the casual reader had Trump = Russians = Bad on their minds. You could just almost imagine a baritone announcer’s voice intoning “Previously, on Russiagate I…” as they whole thing unfolded.
Then only a day after the Assange story (why be subtle?), let the sequel hit the theatres with the timed leaks to the NYT and WaPo. Then stand back and watch the MSM descend into free fall.
CNN concluded “America’s Russia nightmare is back.” Maddow was ecstatic, bleating out “Here we go again” realizing her failed conspiracy theories could be recycled whole. Everybody quoted Have Adam Schiff firing off Trump was “again jeopardizing our efforts to stop foreign meddling.” Tying it all to the failed impeachment efforts, another writer said “’Let the Voters Decide’ doesn’t work if Trump fires his national security staff so Russia can help him again.” The NYT fretted “Trump is intensifying his efforts to undermine the nation’s intelligence agencies.” Former CIA Director John Brennan (after leaking for a while, most boils dry up and go away) said “we are now in a full-blown national security crisis.” The undead Hillary Clinton tweeted “Putin’s Puppet is at it again, taking Russian help for himself.” It is reportedly clear we’ll be hearing breaking and developing reports about this from sources believed to be close to those in the know through November. Intel community 1, Trump 0.
Kind of a miss on Bernie. He did very well in Nevada despite the leaks. But the Great Game of Russiagate II has a long way to go. Bernie himself assured us of that. Instead of poo-pooing the idea the Russians would be working for him, he instead gave it cred, saying “Some of the ugly stuff on the internet attributed to our campaign may well not be coming from real supporters.” Sanders handed Russiagate II legs, signaling he’ll use it as cover for the Bernie Bros online shenanigans called out at the last debates. That’s playing with fire; it’ll be too easy later on to invoke all this around Comrade Bernie memes in the already wary purple states.
Summary to Date: Everyone is certain the Russians are working to influence the election… (adopts cartoon Russian accent which also sounds a bit like WWII movie Nazi) but who is the cat and who is the mouse?
Is Putin helping Trump get re-elected to remain his asset in place? Or is Putin helping Bernie “I Honeymooned in the Soviet Union” Sanders to make him look like an asset to help Trump? Or are the Russkies really all-in because Bernie is a True Socialist sleeper agent at heart, the Emma Goldman of his time (Bernie’s old enough to have taken Emma to his high school prom)? Or is it not the Russians but the American intel community helping Bernie to make it look like Putin is helping Bernie to help Trump? Or is it the Deep State saying the Reds are helping Bernie to hurt Bernie to help their man Bloomberg? Are the Russian spies tripping over the American spies in caucus hallways trying to get to the front of the room? Who can tell what is really afoot?
See, the devil is in the details, which is why we don’t have any.
The world’s greatest intelligence team can’t seem to come up with anything more specific than words like “interfering” and “meddling,” as if pesky Aunt Vladimir is gossiping at the general store again. CBS reported House members pressed the ODNI for evidence, such as phone intercepts or other SIGINT to back up claims Russia is trying to help Trump, but briefers had none to offer. Even Jake Tapper, a Deep State loyalty card holder, raised some doubts. WaPo, who hosted one of the leaks, had to admit deep in its story “It is not clear what form that Russian assistance has taken.” Just take our word for it, it’s Russia.
Yes, yes, have to protect sources and methods, but of course the quickest way to stop Russian influence is to expose it. Instead, the ODNI dropped the turd in the punchbowl and walked away. Why not tell the public what media is being bought, which outlets are working, willingly or not, with Putin? Will we be left hanging with the claim “it was something something social media” again? Did the Reds buy $100 of Facebook ads or implant a radio chip in Biden’s skull? If you’re going to scream Communist zombies with MAGA hats are inside the house you’re obligated to provide a little bit more information. Why is it when specifics are required the response is only something like “Well, the Russians are sowing distrust and turning Americans against themselves in a way that weakens national unity” as if we’re all not eating enough green vegetables. Why leave us exposed to Russian influence for even a second when it could all be shut down in an instant?
Because the intel community learned its lesson in Russiagate I. Details can eventually be investigated. That’s where the old story fell apart. The dossier wasn’t true. Michael Cohen never met the Russians in Prague. Oops. The a-ha discovery was that voters don’t read much anyway, so just make claims. You’ll never really prosecute or impeach anyone, so why bother with evidence. Just throw out accusations and let the media fill it all in for you. After all, they managed to convince a large number of Americans Trump’s primary purpose in running for president was to fill vacant hotel rooms at his properties. Let the nature of the source — the brave lads of the intelligence agencies — legitimize the accusations this time, not facts.
It will take a while to figure out who is playing who. Is the goal to help Trump, help Bernie, or defeat both of them to support Bloomberg? But don’t let the challenge of seeing the whole picture obscure the obvious: the American intelligence agencies are once again inside our election.
The intel community crossed a line in 2016, albeit clumsily (what was all that with Comey and Hillary?), to play an overt role in the electoral process. When that didn’t work out as planned and Trump was elected, they pivoted and drove us to the brink of all hell breaking loose with Russiagate I. The media welcomed and supported them. The Dems welcomed and supported them. Far too many Americans welcomed and supported them in some elaborate version of the ends justifying the means.
The good news from 2016 was the Deep State turned out to be less competent than we originally feared. But they have learned much from those mistakes, particularly how deft a tool a compliant MSM is. This election will be a historian’s marker for how a decent nation, fully warned in 2016, fooled itself in 2020 into self-harm. Forget about foreigners influencing our elections from outside; the zombies are already inside the house.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Corruption in Journalism
Columnist Max Boot in the Washington Post put into writing what we have all known for some time: real journalism, Jefferson’s informed citizenry and all that, is dead. The job has shifted to aspirational writing, using manipulated droplets of facts and just plain made-up stuff to drive events.
Boot (pictured) writes to drive Trump from office and overturn the 2016 election. Max: “Much of my journalism for the past four years has been devoted to critiquing President Trump and opposing the spread of Trumpism. But no matter how many columns or sound bites I produce, he remains in office… I am left to ask if all my work has made any difference.”
Boot has spent the last years creating and circle-supporting others who create false narratives. They manufacture reasons for Trump to resign, to press Democrats to impeach, or at last resort, to influence voters they otherwise hold in contempt for not knowing what’s good enough for them. We kind of figured this out after senior staff at the New York Times had to remind reporters they were “not part of the f*cking resistance,” but it is helpful to see it in daylight. After all, democracy dies in the darkness.
The uber-false narrative Max and others Frankensteined into existence was Russiagate. Trump wasn’t the Manchurian Candidate and there was no quid pro quo for Russian election help. Yet the media literally accused the president of treason by melding together otherwise unrelated truthlets — Trump wanted a hotel in Moscow, some ads were run on Facebook — that could be spun into a narrative to bring Trump down. Correlation was made into causation in a purposeful freshman Logic 101 fail. What was true was of little consequence; what mattered was whether the media could collectively create a story the rubes would believe, and then pile on.
The critical flaw in Russiagate (other than it didn’t happen) was the media creating an end-point they could not control. Robert Mueller was magic-wanded into the Last Honest Man, the Savior of Democracy, as the narrative first unfolded and then fell apart like a cardboard box in the rain. After his dismal testimony there was nowhere for the story to go.
This autumn’s empty box of a narrative is upgraded to play out without end: Trump is manipulating domestic and foreign policy for personal gain via… hotel fees.At first glance it seems like a non-starter. Trump’s hotels are as much a part of him as the extra pounds he carries. He campaigned as a CEO and announced early on he was not going to divest. But with the first cold slap of Trump’s election victory a narrative was being shaped: Trump could not become president because of his business conflicts of interest; it was danged unconstitutional.
Early proponents of this dreck dug around in the Constitution’s closet and found the Emoluments Clause, a handful of lines intended to bar office holders from accepting gifts from foreign sovereigns, kings, and princes to prevent influence buying. Pre-Trump, the last time the issue was in actual contention was with President Martin Van Buren (no relation) over gifts from the Imam of Muscat.
The media ran with it. They imagined out of whole cloth any foreign government official getting a room at any Trump hotel was a “gift.” Then they imagined whatever tiny percentage of that room profit which actually went to Trump himself represented a bribe. Then they imagined despite the vast complexity of U.S. relations, Trump would alter course because some guy rented a room. It was Joker-like in its diabolicalness, the presidency itself merely a prank to hide an international crime spree. Pow!
It was also ridiculous on its face, but they made it happen. The now-defunct leftist site Think Progress ran what might be Story Zero before Trump even took office. An anonymous source claimed the Kuwaiti Ambassador canceled a major event at one hotel to switch to Trump’s own DC hotel under pressure. It all turned out to be untrue. “Do you think a reception of two hours in the Trump hotel is going to curry favors with the administration when we host thousands of U.S. troops in Kuwait? When we have in the past and still do support American operations in Afghanistan and Iraq?” the Kuwait ambassador asked when someone got around to his side of the story. But no matter, the narrative was set.
Then it grew. Though the Emoluments Clause is quite specific, the media decided every time anyone stayed at a Trump property it was corruption. Even when Trump visited one of his own homes it was corruption because the Secret Service paid Trump for the privilege. Of course the Secret Service has always paid for the facilities used in their work because the government cannot commandeer private property or accept free rooms (which, ironically, could be seen as a bribe), not from Marriott and not from the Trump Organization. Even Joe Biden still has to charge the Secret Service rent on a cottage he owns, so they can protect him when he’s home in Delaware.
More? T-Mobile booked nine rooms at a Trump hotel, in media hive minds ostensibly to influence federal approval of a $26 billion merger. Those rooms were worth about $2700. Of course the president, who can influence the Dow with a tweet, prefers to make his illegal money off jacked up hotel bills. Think small has always been a Trump trademark.
Reuters headlined how foreigners were buying condos from third party owners (i.e., not Trump or his company), but they were in a Trump-managed building and maybe the monthly maintenance fees would qualify as mini-emoluments? Trump was accused of “hiding” foreign government income at his hotels when servers at the bar failed to ask cash customers if they were potentates or princes (the headline: “Trump Organization Says It’s ‘Not Practical’ to Comply With the Emoluments Clause.”)
And of course that Air Force crew staying at a Trump place in Scotland. No matter that the hotel forged its relationship with a nearby airport long before Trump became president, or that the Air Force had used the airport and hotel hundreds of times before Trump became president (going back to WWII), and or that a decision by the Pentagon to have flights stop more frequently there was made under the Obama administration, nope, none of that stopped the media from proclaiming corruption. One piece speculated the $166 a night the Air Force pays for rooms was always part of Trump’s cornerstone financial plan for the floundering multi-million golf course.
But to see how much the corruption narrative really is a media creation, you have only to compare it to how the MSM covered what might have been a similar question in the past. Imagine if journalists had treated every appearance by Obama as a book promotion. What if each speech was slandered across the channels as corruption, Obama just out there pimping his books? Should he have been impeached for commercializing the office of president?Follow the money, as Maddow likes to say. The Trump Organization pays to the Treasury all profits from foreign governments. In the 2018, $191,000. The year before the amount was $151,470. So Trump’s in-pocket profit is zero.
Meanwhile Obama’s profit as an author during his time in office was $15.6 million (he’s made multiples more since, including a $65 million book advance.) In the two weeks before he was inaugurated, Obama reworked his book deals to take advantage of his new status. He agreed not to publish another non-fiction book during his time in office to keep anticipation high, while signing a $500,000 advance for a young adult version of Dreams From My Father.
Obama’s books were huge sellers in China, where publishing is largely government controlled, meaning Obama likely received Chicom money in the Oval Office. Obama’s own State Department bought $79,000 worth of his books to distribute as gifts.
As with Trump, nothing Obama did was illegal. There are no laws per se against a president making money. Yet no one bothered to raise ethical questions about Obama. No one claimed he sought the presidency as a bully ATM machine. No one claimed his frequent messaging about his father was designed to move books. No one held TV hearings on his profits or into how taxpayer funds were used to buy his books. It’s not “everybody does it” or “whataboutism,” it is why does the media treat two very similar situations so very differently?
Max Boot confessed why. The media has created a pitch-and-toss game with Democrats, running false, exaggerated or shallowly-reported stories to generate calls for hearings, which in turn breath life into the corruption stories they live off. Max Boot and his ilk are doing a new job. Journalism to them is for resistance, condemnation, arousal, and regime change. And that’s one way democracy does die.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The Mueller Report, Anti-Climatic Climax Edition
With the release of the redacted report, #MuellerTime should be over. There was no collusion with Russia. No one is going to indict anyone for obstruction or anything else. Believing there are still more questions than answers at this point means one refuses to accept the answers. Trump is going to serve his full term and voters will decide if he gets another.
Mueller ended conclusively the three year Russiagate tantrum, and choose not to pursue obstruction via indictment or a direct referral to Congress for action. He could have, but he did not. That should be it.
But it won’t be. Mueller’s inclusion of dissenting information on obstruction, information that portrays unbecoming conduct by the president which does not rise to the level of evidence of any indictable crime, allows Democrats to decide where to take this next. Mueller has not tossed the ball to a Democratic Congress to play out its Constitutional check and balance role so much as he handed dirt to Democratic politicians to use as they see fit. It’s an odd end for the righteous Robert Mueller, twisting the tools of justice and the state to slander.
Everything that happened over the last two years was because Democrats, the media, and the FBI falsely conflated Russia’s actions with Trump’s, and then imagined Trump committed serial acts of obstruction to cover up something he never did.
The Report was issued in two “volumes” of roughly equal length. Volume I focuses on Russian interference in the election. Volume II focuses on obstruction of justice.
RussiagateVolume I concludes two important but mutually exclusive things are true: 1) the Russian government, under Obama’s watch, tried to influence the election via social media and by obtaining the Democratic National Committee emails and 2) no American, including members of the Trump team, colluded, cooperated, or coordinated with that effort. The Report (Vol I, p 2) is clear the Trump campaign reacting to or even anticipating released materials was not criminal. Any crime would have required coordinated interaction, not merely two parties, in Mueller’s words, Vol I, p 2 “informed by or responsive to the other’s actions or interests.”
Though the report does not mention it, an analogy might involve the Clinton campaign and the infamous Access Hollywood tape. The campaign may have heard the tape was going to leak, and certainly exploited its release, but that does not create “collusion” (used here as shorthand, not as a legal term, which of course it is not) between Clinton and the leaker.
The Report also means there is no credibility left to the Steele Dossier or almost all of the reporting on Russiagate. None of the subplots matter outside the Washington-Twitter-New York corridor because they didn’t happen or they did not constitute a crime. Not the Trump Tower meeting, the Moscow Hotel Project, the polling data, the Alfa Bank server, the changed Republican platform on Ukraine, Jeff Sessions meeting Ambassador Kislyak, the meeting in the Seychelles, Dmitry Klokov (not) Putin’s go-between, Cohen (not) in Prague, Manafort (not) meeting Assange, Trump (not) ordering Cohen to lie to Congress. The contacts between Russia and Trump associates were exaggerated, falsely reported or proved to be of no consequence.
All that should be in the headlines but isn’t, because of a new focus on obstruction of justice.
Obstruction of JusticeVolume I of the Report deals with actions taken independently by the Russians that had no coordinated connection to Trump’s own actions or decisions. The second half of the Report deals with obstruction of justice, events that happened because there was an investigation into collusion which itself never happened. Obstruction, like a perjury trap, is a process crime, which only exists because an investigation exists. As with most of Mueller’s perjury convictions in this saga, there was no underlying crime.
And as with collusion, we already know the ending on obstruction. Mueller did not indict because the evidence did not support it. Attorney General Barr, and his deputy Rod Rosenstein, by law the actual intended recipients of the Report, agreed with Mueller. Some of Trump’s actions were lawful or, while troublesome or even immoral, were not criminal. Most significantly, Mueller could not indict on obstruction because it was not possible to determine Trump showed the legally required corrupt intent. All of that precedes any consideration given to DOJ/OLC advice a sitting president cannot be indicted.
If Mueller had a obstruction case he could have made he would have made it. Mueller could have specifically recommended indictment and made explicit the complex legal issues around presidential obstruction meant a decision was beyond his and the Attorney General’s Constitutional roles and must be addressed by Congress via impeachment or through the Supreme Court. He could have indicted any number of people in Trump’s inner circle, with a sealed indictment against post-White House Trump. He could have said DOJ will not charge a sitting president so I couldn’t indict because of that alone, therefore I explicitly created this road map for impeachment to guide the next step.
None of that happened. Mueller had no reason to speak in riddles, show restraint, send signals, embed hidden messages or hint at things. Mueller could have swung in any number of ways but instead found reason to leave the bat on his shoulder. Volume II should have ended there.
DissentBut it seems obvious from reading the Report stories some of Mueller’s team saw evidence of obstruction which they found “alarming and significant” were true. Barr did a great disservice in omitting at least mention of this from his summary, as it forms the bulk of Volume II and will fuel nearly everything that happens next.
Despite no indictment, the Report outlines ten instances containing elements of obstructed justice by Trump, with a big suggestion (Vol II, p 8) someone may want to look again. Apparently not everyone on Mueller’s team agreed with the boss’ conclusion the evidence was insufficient, and Mueller chose to allow what is essentially dissent Talmudically contradicting his major Volume II conclusion to be baked into his own work.
Mueller was tasked with making an unambiguous decision to prosecute or not. He made it, and then included pages of reasons suggesting he might be wrong even as he also found space to say the dissent might also be missing the key element of intent. There is no explanation (save perhaps politics) for this confusing, ambiguous, and jumbled departure from traditional prosecutorial judgment. The final line (Vol II, p 182) reads like a Twilight Zone script: “while this report does not conclude that the President committed a crime, it also does not exonerate him.” Are there prosecutors somewhere in America who do issue specific statements of exoneration when they drop a case?
Firing ComeyOne focus of the dissent is on Trump firing FBI Director James Comey. For this is be obstruction, Trump would have to have fired Comey with the corrupt intent to impede the investigation. The Mueller Report is clear that was not what happened. Despite the public messaging the firing was related to Comey’s mishandling of the Clinton email case, the Report shows Trump was angry at Comey for stating to him privately he was not under investigation but refusing to say that publicly, as Comey had done (once) for Hillary. Vol II, p 75 “Substantial evidence indicates that the catalyst for the president’s decision to fire Comey was Comey’s unwillingness to publicly state that the president was not personally under investigation.” That’s not obstruction of justice, it’s presidential rage.
Yet elsewhere the Report says something more… leading to set up the argument for obstruction post-Comey. Vol II, p 7: “Some of [Trump’s] actions, such as firing the FBI director, involved facially lawful acts” but then adds “At the same time, the President’s position as the head of the Executive Branch provided him with unique and powerful means of influencing official proceedings, subordinate officers, and potential witnesses — all of which is relevant to a potential obstruction-of-justice analysis.” It was even clearer elsewhere. Vol II, p 157: “[we] found multiple acts by the President that were capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations.”
Mueller’s team concluded Trump lawfully fired Comey, did not break the law in doing so because the intent was not to obstruct, but it was still dirty play, “undue influence,” not a crime but still something that Vol 2, p 2 “presents difficult issues that prevent us from conclusively determining that no criminal conduct occurred.”
Trump Post-ComeyThat serves as the introduction to the second argument for obstruction, Trump’s actions post-Comey. Ironically, while Trump was not under investigation when he fired Comey for refusing to say that publicly, Trump was placed under investigation by the FBI (for obstruction) after he fired Comey.
The Report suggests Trump’s post-Comey actions (broken down into ten episodes) would have constituted obstruction if seen as a pattern of behavior, not as the discrete acts the law focuses on, and if they had included the critical element of corrupt intent. Those “if” words are doing all the work because there was no corrupt intent. Mueller said so.
So if Trump could not take his obstructive actions to cover up his crimes with Russia because they did not exist to be covered up, i.e., corrupt intent, why did he act in ways that appear designed to disrupt the investigation? Mueller answers the question. Vol 2, p 61 “Evidence indicates that the President was angered by both the existence of the Russia investigation and the public reporting that he was under investigation, which he knew was not true based on Comey’s representations. The President complained to advisers that if people thought Russia helped him with the election, it would detract from what he had accomplished. Other evidence indicates that the President was concerned about the impact of the Russia investigation on his ability to govern. The President complained that the perception that he was under investigation was hurting his ability to conduct foreign relations, particularly with Russia.”
If you will believe Mueller, Trump was concerned about his ability to govern, about as far from corrupt intent as you can get. At the pre-release press conference, Barr agreed with Mueller’s assessment. Trump knew, and Mueller came to know, that he did not collude with the Russians. To show corrupt intent, Mueller would have had to prove Trump was trying to stymie the process which would clear him. And yes there can be obstruction without an underlying crime but that requires even clearer evidence of corrupt intent, which on its face is counterproductive.
EndgameProsecutors don’t issue road maps for others. They make a binary decision, to charge or drop a case. Not charging is a conclusion and the only one that matters in the end. The Report is not a pretty picture of power being exercised. But Trump did not commit a chargeable crime, and in between some muddled dissent text, Mueller the prosecutor said so by not indicting him.
Politicians, however, are bound by a different code. They can conduct investigations, hold hearings, and file articles of impeachment whose only purpose is to drag Trump through the Benghazi-like muck. They desperately seek but will never achieve a climax to this desperately anti-climatic Report. The Democrats know they have no chance of impeaching Trump. The question is, by playing at trying, do they think they have a better chance of defeating him in 2020?
BONUS REDACTION-O-RAMA
For more complete lists of Russiagate stories which were once headlines but are now debunked by the Mueller Report see here and here.
No matter how much guessing about what’s under those black redcation bars may emerge, this will never be the horcrux that defeats the unacceptable 2016 election. Trump is going to serve his full term (for good measure there won’t be any Emoluments Clause prosecution or invocation of the 25th Amendment, either) and the voters under the same Electoral College system that’s been in place for over 200 years will decide if he gets another four years.
At his news conference before releasing the Report, Attorney General Barr said any campaign interaction with WikiLeaks could not amount to a criminal conspiracy because WikiLeaks’ publication of the emails was not a crime so long as it did not help Russia hack them. That is the same standard the United States applied to the New York Times, et al, and Wikileaks for nearly a decade. It is the standard being used publicly against Julian Assange; his indictment focuses on his helping hack classified materials, not publishing them. Anything else impinges the First Amendment.
The redacted information covers a standard four categories generally kept from the public: grand jury details, classified information, material related to ongoing investigations, and passages that could defame third-party figures (i.e., those investigated and cleared) caught up in Mueller’s probe. Demanding those things be made public is a strawman argument by Dems. A judge has already denied a preliminary injunction requiring the Justice Department to release the report. The Justice Department will make a less redacted version of the report, with more information on the pending Roger Stone case, available to a limited number of Congresspeople. Democrats have refused to look at it, demanding the full, unredacted report or nothing.
Transparency in government is always a good thing. But in this instance, Dems motives in demanding the unredacted report are making two statements, neither supported by facts, just rage: Barr has been partisan and unprofessional in making these standard redactions, a coverup, to protect the president, and Mueller has missed something important hidden in the redactions the Dems will catch. In reality, the purpose of seeing the unredacted report, and the underlying data, and the… (there will never be enough) is to provide fodder for leaks Democrats hope will score political points or serve as good-enough excuses to keep the investigations going until the election. Classification and proprietary have the value of a paper bag in the rain to them. Trump, they believe to their core, had to have said or done something at least embarrassing and the Dems wants to see that in the Washington Post. The same thinking, by the way, applies to efforts seeking Trump’s taxes.
And as for the gunman-on-the-grassy-knoll theory that the real evidence is hidden in the redactions, no matter how light they are, much of the obstruction investigation did not involve grand jury testimony. White House officials cooperated with Mueller specifically to avoid grand jury appearances. That means that information from key officials, including former White House counsel Don McGahn, former White House strategist Steve Bannon, and former Trump chief of staff Reince Priebus, could be included in the report. The White House did not invoke executive privilege to block the release of any of that information. Asked by Senator Jeanne Shaheen at a hearing last week if he would redact information to protect the interests of Trump, Barr said he would not. As for those such redactions, “I’m talking about people in private life, not public officeholders.” Lastly, Mueller and his team assisted with the redactions and could have pushed back at any point, including leaks. They have not done so.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Rachel Maddow is Russiagate’s Poster Child
“We start tonight’s show with an urgent warning: the nation is in danger, things are moving fast. Following some of the worst journalism since the McCarthy era during the run-up to the Iraq War in 2003, we said we would not do it again. We not only did it again with Russiagate, but did it worse. I’m Rachel Maddow, and I’m responsible for much of it.”
Though she doesn’t often bring it up these days, Rachael remembers the media abetted the Bush administration’s lies justifying the 2003 Iraq invasion. They spent months serving as stenographers for the push to war, reporting every carefully-timed leak without question. They pushed skeptics aside as disloyal, and spiked stories which would have raised questions about the narrative. When they got caught they pleaded never again.
Yet with Rachel Maddow as their poster child (nominations were also considered for the entire staff at CNN, David Corn, Luke Harding, Chris Hayes, Ken Dilanian, and hundreds more) journalists over the last two years did everything wrong their predecessors did in 2003.
They treated gossip as fact because it came from a “source” and said to trust them. They blurred the lines among first-hand knowledge, second/third-hand hearsay, and “people familiar with the matter” to build breaking news out of manure. They marginalized skeptics as “useful idiots” (Glenn Greenwald, who called bull on Russiagate from the beginning, says MSNBC banned him after he criticized Rachel Maddow. He’d been a regular during the Bush and Obama years.)
They accepted negative information at face value and discarded information which did not fit their preconceived narrative of collusion (WaPo never ran a story about how its reporters came up dead empty after working for months to prove Michael Cohen met with Russian agents in Prague.) They went all-in with salacious headlines, every story a sugar high. They purposefully muddled the impact of an indictment versus an actual conviction, or even a prosecution. They conflated anyone from Russia with the Russian government. They never paused to ask why there weren’t “Sources: Trump is Innocent” stories that later needed to be walked back; the errors were all on one side of the story.
They used each other as sources, creating info loops originating from nothing. A NYT article based on “persons with knowledge” appeared on some other outlet as “the NYT confirms…” Nothing became facts became evidence in their minds — Maddow turned a Politico report of a legal meeting with the Russian ambassador in “evidence of a quid pro quo” with Trump.
Maddow was also not afraid to employ some Russiagate-related good old fashioned fear mongering. In response to fake reports of Russians hacking into the power grid, she said “And it is like -50 degrees in that Dakotas right now. What would happen if Russia killed the power in Fargo today? Alright. What would happen if all the natural gas lines that service Sioux Falls just poofed on the coldest in recent memory and it wasn’t in our power whether or not to turn them back on? What would you do if you lost heat indefinitely as the act of a foreign power on the same that the temperature matched the temperature in Antarctica? What would you and your family do?”
Like followers of Insane Clown Posse, Maddow did also love her some pee tape. Despite no one on earth having actually seen the video, she knew how important it was, announcing to her viewers ““How Vladimir Putin stopped being just a KGB guy and got political power in the first place was by producing, at just the right time and in just the right way, just the right sex tape to use for political purposes.” She called Trump’s presidency “effectively, a Russian op.” If you need a refresher, here’s a neat video compilation.
They became a machine as trustworthy as the politicians they relied on. In one critic’s words “In purely journalistic terms, this is an epic disaster.”
Though the death toll across the Middle East the media helped midwife is beyond sin, the damage to journalism itself is far worse this time around with Russiagate. With Maddow in the lead, they went a step further than just shoddy reporting, instead proudly declaring their partisanship (once the cardinal sin of journalism) and placing themselves at the center of the story.
So there was Maddow, night after night in front of her serial killer’s burlap board, Trump and Putin surrounded by blurry images of Carter Page and George Papadopoulos, running twine between pins so her viewers could keep up with her racing intellect. Anyone with a Russiany surname “had ties to Putin,” “connections to Russian intelligence,” or was at least an oligarch. She nurtured an unashamed crush on Deep State clowns the Rachel Maddow of a few years back would have smirked at — Brennan, Clapper, Comey — to feed her fake facts.
She ignored or downplayed other news (Maddow devoted over 50% of her airtime to Russiagate alone. The Muslim visa ban got less than 6%.) She worked to convince Americans the cornerstone of justice was not “innocent until proven guilty” but “if there’s smoke there’s fire.” She lead journalists in knowingly publishing material whose veracity they doubted, centering on the Steele dossier. There’s gobs from every corner of the media. But it was Maddow who pressed the most extreme version of the Russiagate narrative.
Maddow became Infowars. She moved beyond the simpleton advocacy journalism of Bush-lie peddling journo tools. Maddow was going to save the country. She sought to create a story out of whole cloth that matched her own political beliefs and then convince people it was true. And it was all justified because the fate of the Republic itself hung in the balance; any day Trump might peel off a rubber mask Scooby-do style to reveal he was Putin all along.
Carrying the burden of being democracy’s Messiah was not Maddow’s alone. The Washington Post proclaimed “democracy dies in the darkness” and appointed itself the light. Marcy Wheeler, a once flawless analyst on national security, actually outed one of her sources to the FBI to blow the collusion story wide open, claiming along the way her life was in danger.
The story was Trump could never have beaten Hillary fairly. Some Russians hacked the DNC and bought Facebook ads, and that must have been what caused her to lose. Ergo, Trump was working with the Russians! Starting from a conclusion allows all sorts of stupid leaps of illogic, and Maddow did not miss any of them. Trump wanted to build a hotel in Moscow so that had to involve Putin so Putin the chessmaster used the deal to manipulate Trump. Unless it was the pee tape, the kompromat (remember how many faux-Russian spy words Maddow employed?) And there was even a dossier (not a report) and super-cool spy code names like Crossfire Hurricane. Indictments and accusations were conflated with convictions, and every action, from firing Comey to some typo on Twitter could be repurposed into proof. She could trace it all back, like the singularity of the Big Bang (though the champion of that line of unreasoning is Jonathan Chait, who explained how Trump was recruited by the Russkies who were then still the Soviet Union in the 1980s.)
Along the way pure fiction filled in the empty afternoons. Maddow briefed us the Russians had not just stolen the election, but our very government. “We are also starting to see what may be signs of continuing influence in our country,” she warned over something that no longer matters because it wasn’t true. “Basically signs of what could be a continuing operation.” How many times was our day interrupted by breaking news Mueller was going to be fired and we needed to take to the streets? How many reports speculated Trump would never leave the Oval Office voluntarily, that he would invoke a national emergency, use troops to retain power? The media gave unusual credence to what in any other era would have been termed nut jobs, people like psychiatrist Bandy Lee, who claims Trump is literally insane and a danger to himself and others? They fanned the flames of liberal fantasies such as using the 25th Amendment or the Emoluments Clause or Hamiltonian Magic Fairy Powder, anything, to end a presidency they did not want to happen. Maddow was there for every twist and turn; watching her show, one came away with the certainty everything in the past two years was a piece of the larger puzzle, and only she was able to see it all (Maddow said the same thing about Trump’s taxes; what the IRS has missed over the last four decades, she alone will parse out given the chance.)
Held aloft over the years by the enchanted spell of “just wait for Mueller Time,” one day it all fell apart. The Mueller report summary was short, but answered the most important question ever asked about a president: Trump was not a Russian asset. There was no Russiagate. No conspiracy, collusion, cooperation, or indictments for any of that and none to come and none we don’t know about sitting around sealed, no treason or perjury charges over the Moscow hotel or the Trump Tower meeting or anything else. Those accusations were explicit. They. Did. Not Happen.
The great progressive hope — America was run by a Russian stooge — was over and done. Maddow’s response? Break another cardinal rule of journalism, and bury the lede. OK, sure Barr says Mueller says no collusion if you wanna believe that, but what matters now is after Robert Mueller did not find evidence of obstruction he could charge, and the FBI before him did not find any, and after Bill Barr confirmed he did not find it, Maddow knows obstruction took place. And if only she can see the full Mueller report, she will explain it all to you (Maddow is promoting a “day of action” for Americans to take to the streets and demand the report.) It wasn’t the Russians; it was old man Barr in the drawing room with the candlestick after all!
Maddow says the same thing about Trump’s taxes; what the IRS missed over the last four decades, she will parse out given the chance (even though she was mocked for a nothing reveal on Trump taxes in 2017). Like a compulsive gambler, she’s sure the next bet will pay off. Just you wait.
In the interim while ticks tock Maddow hacks up little blobs of political phlegm — after waiting two years for Mueller, two weeks for Barr to release the report is unconscionable. But two days for Barr to write the summary was too fast, proof the fix was in. Trump threatens the rule of law, but when the system works according to the law and the Attorney General makes a decision, it’s all an insidejobcoverupcrisis.
A big focus this week for Maddow was a foreign government-owned company resisting an old Mueller subpoena. The case is in front of a grand jury, so the public does not know what company it is, what government is involved, what the case itself concerns, or whether it has any connection to Trump, Russia, or the Spiders from Mars. But watching Maddow spin it all out it seems VERY BIG.
Over the course of a recent evening she tied what she dubbed The Mystery Case into Watergate (the case being heard in the same court used in 1974 was about the only connection) and because the Watergate judge released some grand jury testimony to help drive Nixon from office this bodes ill for Trump keeping the dirt Rachael just knows is there secret. It could break this wide open!
The whole thing was delivered Howard Beale-like in what seemed like one long breath, with the certainty of someone who sees ghosts and is frustrated you can’t see them too. It got so bad recently Maddow was being corrected by her own producers in real-time.
More after this commercial break. And don’t go away, there’s too much at stake.
It took the New York Times over a year after the Iraq war started to issue itself a mild “mistakes were made” kind of rebuke. At some point with Russiagate most people will come to understand there aren’t more questions than answers. They’ll abandon the straw man of waiting for prosecutors to issue a magic Certificate of Exoneration because they understand prosecutors end things by deciding not to prosecute.
But it’s hard to see Maddow coming back into planet earth orbit. Instead of a reflective pause, she is spinning ever-more complex and nonsensical conspiracy tales, talking faster and faster to cover the gaps in logic. It is sad, but there are psychiatric terms for people who refuse to accept facts, and insist they alone understand a world you can’t even see. Delusional. Denial. Psychotic. Obsessive. Paranoid.
Maddow is a sad story. Others playing the game never had her intellect, and just fed the rubes for clicks (looking at you, Don Lemon and Chris Cuomo.) They were weekend Vichy, showbiz grifters. But Maddow believed. Rachel Maddow’s goal was to end the Trump presidency on her own. And to do so she devolved from what Glenn Greenwald called “this really smart, independent thinker into this utterly scripted, intellectually dishonest, partisan hack.”
There’s a difference between being wrong once in a while (and issuing corrections) and being wrong for two years on both the core point as well as the evidence. There is even more wrong with purposely manipulating information to drive a specific narrative, believing the end of personally saving democracy justifies the means.
In journalism school, the first is called making a mistake. The second, Maddow’s offense, is called making propaganda.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Russiagate: “Why did this ever start in the first place?”
The end of the Special Counsel’s investigation into the non-existent conspiracy between Trump and the Russians has created an army of “Mueller Truthers,” demanding additional investigations. But Republicans are also demanding to know more, specifically how the FBI came to look into collusion, and what that tells us about the tension between America’s political and intelligence worlds. In Rudy Giuliani’s words “Why did this ever start in the first place?”
The primordial ooze for all things Russia began in spring 2016 when the Clinton campaign and Democratic National Committee, through a company called Fusion GPS, hired former MI6 intelligence agent Christopher Steele to compile a report (“the dossier”) on whatever ties to Russia he could find for Donald Trump.
Steele’s assignment was not to investigate impartially, but to gather dirt aggressively – opposition research, or oppo. He assembled second and third hand stories, then used anonymous sources and Internet chum to purported reveal Trump people roaming about Europe asking various Russians for help, promising sanctions relief, and trading influence for financial deals. Steele also claimed the existence of a “pee tape,” kompromat Putin used to control Trump.
Creating the dossier was only half of Steele’s assignment. The real work was to insert the dossier into American media and intelligence organizations to prevent Trump from winning the election. While only a so-so fiction writer, Steele proved to be a master at running his information op against America.
In July 2016 Steele met with over a dozen reporters to promote his dossier, with little success. It could not be corroborated. Steele succeeded mightily, however, in pushing his information deep into the FBI via three simultaneous channels, including the State Department, and via Senator John McCain, who was pitched by a former British ambassador retired to work now for Christopher Steele’s own firm.
But the most productive channel into the FBI was Department of Justice official Bruce Ohr. Ohr’s wife Nellie worked for Fusion GPS, the front company for Steele, having previously done contract work for the CIA. Nellie passed the dossier to her husband, along with her own paid oppo research, so that he could use his credibility at DOJ to hand-carry the work into the FBI. Bruce Ohr, despite acknowledging it broke all rules of protocol and evidence handling, did just that on July 30, 2016. He stressed to then-FBI Deputy Director Andrew McCabe the material was uncorroborated and had been compiled by Christopher Steele, who wanted it used to stop Trump.
The dossier landed in welcoming hands. The FBI immediately opened an unprecedented investigation called Crossfire Hurricane into the Trump campaign. It sent agents to London to meet Australian ambassador Alexander Downer, who claimed to have evidence George Papadopoulos, one of Trump’s junior-level advisers, was talking to Russians about Hillary’s emails. The FBI’s timing of the new investigation into Trump – only days after they closed their investigation into Clinton’s email server – can be considered a coincidence by those of good heart.
Peter Strzok, the senior FBI agent managing the Crossfire Hurricane investigation, and Lisa Page, a lawyer on his team (the two were also lovers), purposefully kept investigation details from political appointees at DOJ to the extent that only five people actually knew the full measure of what was going on, ostensibly to prevent leaks.
In fact, the point seems to have been to avoid oversight, given how weak the evidence was supporting something as grave as the Republican nominee committing treason. If you are looking behind the headlines for why Trump fired Andrew McCabe, besides his personal sympathies for Hillary, look there. Strzok and Page appear to have had an agenda of their own. In a text they wrote “Page: ‘[Trump’s] not ever going to become president, right? Strzok: ‘No. No he’s not. We’ll stop it.’”
With a wave of a hand the dossier the FBI was warned was partisan bunk was transformed into evidence. Steele himself morphed from paid opposition researcher to paid clandestine source for the FBI, with the fact that he had recently retired from a foreign intelligence service, British or not, ignored. It was all just an excuse anyway to unleash the vast intelligence machine against Trump, the imagined Manchurian Candidate.
Papadopoulos, the man in London, as a linchpin was also preposterous. He was a kid on the edges of the campaign, who “bumped into” a shady Russian professor who just happened to dangle the most explosive thing ever, Hillary’s emails. Papadopoulos then met the Aussie ambassador to Britain, Alex Downer. Papadopoulos gets drunk, tells the tale, which then falls whole into the FBI’s lap. Ambassador Downer, by the way, had previously arranged a $25 million donation to the Clinton Foundation. Papadopoulos was introduced to Downer by an Australian intelligence agent who knew him through her boyfriend, stationed at the Israeli embassy as a “political officer.”
Carter Page’s case was more of the same. Page, as a key actor in the Steele dossier, wold serve as an early excuse to get FISA surveillance eyes and ears on the Trump campaign. The FBI had a paid CIA asset, University of Cambridge professor and American citizen Stefan A. Halper, contact Page and dangle questions about access to Clinton emails.
Halper had earlier been trying separately to entrap Papadopoulos (the professor offered the inexperienced campaign aide $3,000 and an all-expenses-paid trip to London to write a white paper about energy), and also met with Trump campaign co-chair Sam Clovis in late August, offering his services as an adviser. Clovis declined. Ultimately both Papadopoulos and Page also rebuffed Halper, though both would later encounter a young woman in London claiming to be Halper’s assistant who tried to reinterest the boys.
Though to obtain multiple FISA warrants the FBI characterized him as an “agent of a foreign power,” Carter Page was never charged with anything. Halper dropped off the media’s radar, but is almost certainly a U.S. intelligence asset. He had earlier worked with British intelligence to pay for Michael Flynn to visit the UK. Halper’s main U.S.-based funding source is an internal Pentagon think tank. The Washington Post reported Halper had in the past worked for CIA directly. Halper was implicated in a 1980s spying scandal in which CIA officials gave inside information on the Carter administration to the GOP. Halper also married into a senior CIA official’s family.
It is clear the FBI was desperately trying to infiltrate Halper into the Trump campaign as part of a full-blown intel op, recruiting against Trump’s vulnerable junior staff. Even though the recruitment failed, the bits and pieces learned in the process were good enough for government work. At issue was that Steele’s dossier formed a key argument in favor of a FISA warrant to spy on Trump personnel. The dossier was corroborated in part in the warrant application by citing news reports that later turned out to be themselves based on the Steele dossier. In intelligence work, this is known as cross-contamination, a risky amateur error the FBI seems to have taken a chance on hoping the FISA judge would not know enough to question it. The gamble worked.
The FBI needed something as backup, so their investigation into Trump, now focused on the FISA surveillance, could be said not to have rested entirely on the dubious Steele dossier. Surveillance, intended and incidental, would eventually include Jeff Sessions, Steve Bannon, Carter Page, Paul Manafort, Richard Gates, Michael Cohen, and likely Trump himself.
Had Hillary won the story would have ended there, in fact, likely would never have come to light. But with Trump’s victory, the dossier had one more job to do: prep the public for all to come.
There has been no discussion as to why, in possession of information the FBI seemed to believe showed the Russians were running a global full-court press to themselves recruit inside Trump’s inner circle, Trump was never offered a defensive briefing. Such a warning – hey, you are in danger – is common inside government. But in Trump’s case it never happened. Instead, in echo of the dark Hoover years, the FBI used its information to try and take down Trump, not protect him.
Though the dossier had already been widely shared inside the media, the State Department, and the intelligence community, it was only on January 6, 2017 Comey briefed it to president-elect Trump. No one really knows what was said in that meeting, but we do know after holding the dossier since summer 2016, only four days after the Trump-Comey meeting Buzzfeed published the document and the world learned about the pee tape. Many believe someone in the intel community gave “permission” to the media, signaling Brennan, Clapper, Hayden, et al, would begin making public statements the dossier “could be true.”
John Brennan was a regular on television and other media claiming over two years there was evidence of contacts between the Russian government and the Trump campaign, pimping off his time as CIA director to suggest he had inside information. He went as far as testifying before Congress in May 2017 that there was evidence of contacts between Russian officials and Trump campaign figures, though now says he might have been given “bad information.”
After that, no item that could link the words Trump and Russia was too small to add to the pile of pseudo-evidence.
It would be easy to dismiss all this as a wacky conspiracy theory if it wasn’t in fact the counter-explanation to the even wackier, disproved theory Donald Trump was a Russian asset. It is possible to see Russiagate as a political assassination attempt, using law enforcement as the weapon. Someone might do well to double-check if Christopher Steele was in Dealey Plaza during the Kennedy assassination.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Mueller: End Game, Das Reckoning Gotterdammerung Fin Apocalypse
The short version? Mueller is done. His report unambiguously states there was no collusion or obstruction. He was allowed to follow every lead unfettered in an investigation of breathtaking depth.
It cannot be clearer. The report summary states “The Special Counsel’s investigation did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 US Presidential Election… the report does not recommend any further indictments, nor did the Special Counsel obtain any sealed indictments that have yet to be made public.”Robert Mueller did not charge any Americans with collusion, coordination or criminal conspiracy between the Trump campaign and Russia. The special counsel also considered whether members of the Trump campaign “coordinated,” a much lower standard defined as an “agreement, tacit or express,” with Russian election interference activities. They did not.
Everything – everything – else we have been told since the summer of 2016 falls, depending on your conscience and view of humanity, into the realm of lies, falsehoods, propaganda, exaggerations, political manipulation, stupid reporting, fake news, bad judgment, simple bull or in the best light, hasty conclusions.
As with Dorothy’s ruby slippers, the proof of no collusion has always been with us. There was a guilty plea from Michael Flynn, Trump’s national security adviser, on one count of perjury unrelated to Russiagate. Flynn lied about a legal meeting with the Russian ambassador. Rick Gates, deputy campaign manager, plead guilty to conspiracy and false statements unrelated to Russiagate. George Papadopoulos, a ZZZ-level adviser, plead guilty to making false statements about legal contact with Russians. Michael Cohen, Trump’s lawyer, plead guilty to lying to Congress about a legal Moscow real estate project. Paul Manafort, very briefly Trump’s campaign chair, plead guilty to conspiracy charges unrelated to Russiagate and which for the most part occurred before he even joined the campaign. Roger Stone, who never officially worked for Trump, awaits a trial that will happen long after Mueller turns the last lights off in his office.
Mueller did indict some Russia citizens for hacking, indictments which in no way tied them to anything Trump, and which will never see trial. Joseph Mifsud, the Russian professor who supposedly told Papadopoulos Moscow had “thousands of Hillary’s emails” was never charged. Carter Page, subject of FISA surveillance and a key actor in the Steele dossier, was also never charged with anything. After hours of testimony about that infamous June 2016 Trump Tower meeting to discuss Hillary’s email, and other meeting around the Moscow hotel, no one was indicted for perjury.
The short version of Russiagate? There was no Russiagate.
What Will Happen Next is already happening. Democrats are throwing up smoke demanding the full Mueller report be made public “rushing to judgment” on Mueller’s black and white conclusions. Speaker Pelosi announced whatever AG Barr would release as a summary of the Mueller report would not be enough even before he released the summary. One Dem on CNN warned they would need the FBI agents’ actual handwritten field notes.Adam Schiff said “Congress is going to need the underlying evidence because some of that evidence may go to the compromise of the president or people around him that poses a real threat to our national security.” Schiff believes his committee is likely to discover things missed by Mueller, whose report indicates his team interviewed about 500 witnesses, obtained more than 2,800 subpoenas and warrants, executed 500 search warrants, obtained 230 orders for communications records, and made 13 requests to foreign governments for evidence.
Mueller may still be called to testify in front of Congress, as nothing will ever be enough for #TheResistance cosplayers now in charge. Overnight, Mueller’s findings, made by Mueller the folk hero, the dogged Javert, the Marine on his last patrol suddenly aren’t worth puppy poo unless we can all look over his shoulder and line-by-line second guess him. Joy Reid for her part has already accused Mueller of covering up the crime of the century.
The New York Times headline “As Mueller Report Lands, Prosecutorial Focus Moves to New York” says the rest — we’re movin’ on! Whatever impeachment/indictment fantasies diehard Dem have left are being transferred from Mueller to the Southern District of New York. The SDNY’s powers, we are reminded with the tenacity of a bored child in the back seat, are outside of Trump’s control, the Wakanda of justice.
The new holy land is called Obstruction of Justice, though pressing a case Trump obstructed justice in a process that ultimately exonerated him will be a tough sell. In a sentence likely to fuel discussion for months, the Attorney General quotes Mueller “While this report does not conclude that the President committed a crime, it also does not exonerate him.”It sounds dramatic, but in fact means while taking no position on whether obstruction took place, Mueller concluded he did not find enough evidence to prosecute. Mueller in the report specifically turns any decision to pursue obstruction further over to the Attorney General; Attorney General Barr and Deputy Attorney General Rod Rosenstein meanwhile have already determined the evidence does not support prosecution of the president for obstruction of justice.
Mueller also specifically noted obstruction of justice requires proof of intent, and wrote since he found Trump, et al, did not conspire with Russia, there can be no intent to obstruct an investigation Trump knew could not lead to anything. The case is thus closed judicially (Mueller essentially telegraphed the defense strategy), though Democrats will likely Quixotically poke at pursuing it.
This is developing as a major talking point among those seeking to dilute how clear this is. So, in simple language:
— Mueller had to see if he had enough evidence to prosecute obstruction. He did not find sufficient evidence. The choices are sufficient to prosecute, sufficient to exonerate, or neither. He chose neither. That’s where his job ends. Insufficient to exonerate does not equal “guilty.”
— At that point any future decisions go to the AG and DAG. They have already said there is not enough evidence to prosecute, the exact same decision Mueller made. They confirmed Mueller saying there was not sufficient evidence to prosecute.
— Mueller then telegraphs the real point: Mueller found no collusion. Trump of course knew he did nothing wrong with Russia (dammit, that is proven now). So how can anyone show Trump intended to block an investigation he knew would find nothing wrong? You’re going to try and impeach him for supposedly trying to block an investigation he knew would find him innocent?
–Since no intent, there can be no prosecution. The rest does not matter.
— Ok, ok, even s l o w e r. Mueller makes clear the Trump campaign did not conspired, collude or coordinate with the Russians. It is impossible to show a corrupt motive to obstruct an investigation into a crime that did not occur.
— Also, grownups charged, appointed and/or elected are doing their jobs. The Constitution does not require concurrence from Twitter, or for you to shout “Release the report!” that those people have already read so you can look over their shoulder and come to a conclusion based on your undergraduate degree in Spanish. The report should of course be released for historians and scholars, but not simply to second guess its conclusions on social media like dumbasses.
That leaves corruption. Politico has already published a list of 25 “new” things to investigate about Trump, trying to restock the warehouse of broken impeachment dreams (secret: it’s filled with sealed indictments no one will ever see.) The pivot will be from treason to corruption; see the Cohen hearings as Exhibit One. Campaign finance minutia, real estate assessment questions, tax cheating from the 1980s, a failed Buffalo Bills purchase years ago… how much credibility will any of that now have with a public realizing it has been bamboozled on Russia?
Will Dems really try to make the case maybe sorta fudging a loan application to a German bank years ago based on differing interpretations of “goodwill and brand value” before running for office is an impeachable offense in 2019? That is what the Founders had in mind when they wrote the rules for driving an elected president out of office?
Then there’s the argument (which Mueller did not make) the investigation had to spare Trump because dang it, some nancyboy spoiled everything by saying a sitting president can’t be indicted. But one can’t conspire alone; even if Trump got a Get Out of Jail Free card, Mueller didn’t take down anyone around him. Same with all the perjury charges which weren’t filed over the Moscow Hotel or Stormy or any meeting(s) with Russians. If Mueller couldn’t indict Trump for the conspiracy so many insist still exists, why didn’t Mueller at least indict someone besides Trump for lying to cover it up?
At some point even the Congresswoman with the most Twitter followers is going to have to admit there is no there, there. By digging the hole they are standing in even deeper Dems will only make it more obvious to everyone but Sam Bee’s interns they have nothing. Expect to hear “this is not the end, it is only the end of the beginning” more often most people check their phones, even as it sounds more needy than encouraging, like an ex- who doesn’t get it is over checking in to see if you want to meet for coffee.
Someone at the DNC might also ask how this unabashed desire to see blood drawn from someone surnamed Trump will play out with potential 2020 purple voters. It is entirely possible voters are weary and would like to see somebody actually address immigration, healthcare, and economic inequality now that we’ve settled the Russian question.
That is what is and likely will happen. What should happen is a reckoning.Even as the story fell apart over time like a cardboard box in the rain, a large number of Americans, and nearly all of the MSM, still believed the president of the United States was a Russia intelligence asset, in Clinton’s own words, “Putin’s puppet.” How did that happen?
A mass media which bought the lies over non-existent weapons of mass destruction in Iraq and then promised “never again!” did it again. The New York Times, WaPo, CNN, MSNBC, et al, reported falsehoods to drive a partisan narrative. They gleefully created a serial killer’s emptywheel-like bulletin board covered blurry photos of everyone in Russiagate connected by strands of yarn.
Another generation of journalists soiled themselves. They elevated mongerers like Seth Abramson, Malcolm Nance, and Lawrence Tribe, who vomited nonsense all over Twitter each afternoon before appearing before millions on CNN. They institutionalized unsourced gossip as their ledes — how often were we told the walls were closing in? That it was Mueller time? How many times was the public put on red alert Trump/Sessions/Rosenstein/Whitaker/Barr was going to fire the special prosecutor? The mass media featured only stories which furthered the collusion tall tale and silenced those skeptical of the prevailing narrative, the core failure from the Iraq War.
The short version: There were no WMDs in Iraq. That was a lie, the media promoted it shamelessly while silencing skeptical voices. Mueller indicted zero Americans for working with Russia to influence the election. Russiagate was a lie, the media promoted it shamelessly while silencing skeptical voices.
Same for the politicians, alongside Hayden, Brennan, Clapper, and Comey, who told Americans the president they elected was a spy working against the United States. None of that was accidental or by mistake. It was a narrative they desperately wanted to be true so they could politically profit regardless of what it did to the nation. And today the whitewashing is already ongoing. Keep an eye out for Tweets containing the word “regardless” to trend.
And someone should contact the ghost of Consortium News’ Robert Parry, one of the earliest and most consistent skeptics of Russiagate, and tell him he was right all along. That might be the most justice we see out of all this.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Paul Manafort is the End of Act I. What’s Next?
No one weeps for Paul Manafort. He goes to jail for Donald Trump’s sins. The irony is his sad but uneventful end of a life lived as a parasite of a corrupt political system would not have mattered a jot if special counsel Robert Mueller didn’t think he could bring down the president alongside Manafort. That Trump is still standing means we need to prepare for Act II, what happens post-Mueller.
But first the eulogy for what might have been. Manafort became the subject of an FBI investigation in 2014, centered on sleazy consulting work for Ukraine’s former ruling party. The surveillance was discontinued that same year and the FBI dropped the matter for lack of evidence. Manafort’s less then three month tenure as Trump campaign chairman provided the good-enough-for-government-work hook as the FBI went fishing for ties between Trump campaign associates and suspected Russian operatives.In the end Mueller was only able to convict Manafort on eight counts (he failed on ten other counts) involving false income taxes, failing to report foreign bank accounts, and bank fraud, all revolving around Manafort’s lobbying work and almost all prior to his work for Trump. The goal of repurposing the old surveillance data was to pressure Manafort into somehow tying Trump into the ambiguous collusion narrative. But via a combination of little having happened and Manafort’s lying even about that, the Mueller ploy came up dry. Oh there was all sorts of noise — Manafort handed over campaign polling data (not a crime) to someone and some of the people Manafort knew knew some of the people who knew Putin (also not a crime.) It was all as sleazy as you want it to be, just not so useful when you have to go to court and actually prove stuff to someone other than Rachel Maddow. In sentencing Manafort, the judge noted specifically there was nothing “to do with colluding with the Russian government.”
To drive home the non-point, the judge sentenced Manafort to only 47 months, with credit for nine months already served, which means maybe two years and change after time off and parole. This was well below even the minimum recommendations for his crimes, and a far cry from the “rest of his life” the media had been braying for. The Daily Beast took it personally, saying the light sentence “felt like a slap in the face for many watching the Russia probe.” Rick Wilson went on at length over his joy in seeing Manafort’s physical deterioration while in custody, concluding “karma is a magnificent b*tch.” Summing up ‘Merica 2019, a common theme across Twitter is hoping Manafort, now age 69, dies in prison.
Though you would be forgiven for thinking of this as blood sport, Manafort’s crimes were just white collar tax stuff that at worst forms the basis of one of those lurid backpage “how the mighty have fallen” stories. There is still another round of sentencing to go on Wednesday for Manafort with a supposedly vindictive judge (this round was the easy judge, but Google “concurrent sentences” before popping the champagne) and CNN tells us the superheroes of the Southern District of New York will someday prosecute Manafort separately (Google “double jeopardy” and put the bubbly back on the shelf) so he can’t be pardoned by Trump.
Of course any pardon will come either at the very end of Trump’s only term, or inside his second term, and will not matter much more than Scooter Libby did in the grand scheme of politics. Further down the road, no newly elected Democratic president is going to start their administration off seeking revenge on the previous guys; it’ll all be about healing and coming together. Like Obama, who excused torture, never mind tax crimes: time to move forward, not look backward. Trump could also just leave Manafort to rot; he isn’t very important.
UPDATE: Manafort was sentenced for his final convictions March 13, 2019. He received 73 months, with 30 concurrent with his previous sentence. That sentence was 47 months with 9 off for time served. The total by my count is: 81 months, almost seven years. With good behavior, out in about five+ maybe?
So, so much for all that.
Bottom Line: history books ten years from now will read “Paul Manafort’s lavish lifestyle, funded by corruption, came to an end in prison. He had nothing to do with Russiagate. He was just standing too close to Trump when he got caught.” So think of Manafort (and maybe Papadopoulos, Flynn, and Gates) as the weak curtain closer to Act I. Up next is Michael Cohen, the hoped for peppy tune that brings the audience back inside the theatre for Act II.
It is increasingly clear Mueller has no bombshell (hear much good about the Steele dossier lately? Just that Steele was being paid simultaenously by the FBI, the DNC, and Russian oligarch Oleg Deripaska, who was owed money by Paul Manafort and wanted to out Manafort to the feds), even as his long-overdue freshman term paper is now dragging into junior year. #Russiagate, in reality always more a hashtag than a caper, has devolved into a placeholder, a way to prep the public for the new plan, two years of Benghazi-like hearings looking for a crime.Scratch that — the Benghazi hearings will look orderly and dull in comparison. This is going to be two years of bread and circuses, with Elijah Cummings playing the calm but angry Morgan Freeman role (one kept waiting to hear him say “Now easy, young blood…” to one of his freshman representatives at the Cohen hearing) while AOC and her posse own, scold, hot take, slay, tear down, slam, and crush, for the cameras. Insurance fraud! Real estate devaluation! A Trump golf course she has to drive past everyday! Something about taxes! It’s a lot of capitalism and AOC knows from college that’s bad, right? At least until a week later, when it all comes up empty in the harsh light of sobriety. A signed check with no tie to any crime but a convict’s word is the smoking gun of impeachment? The gold standard on these things is a semen-crusted blue dress.
It’s like watching Wiley E. Coyote try something new each time but never catch the Roadrunner. Beep! Beep!
The everlasting gobsmacker of a problem remains. Ever watch Law & Order? Most episodes begin with a body on the ground. Watergate started with a break-in at Democratic National Headquarters by people quickly revealed to have direct ties to the Republicans. All things Trump began with the disbelief he won the election fairly. Everything — everything — since that has flowed from the search for a crime to reverse November 2016.
The media is chock-a-block with articles which while they take for granted the House will soon begin impeachment proceedings, offer no clear statements on exactly what the grounds for impeachment will be. Corruption is popular though the specifics are vague. Or maybe obstruction, a process crime like Mueller’s well-worn perjury traps created out of the ashes of an investigation of nothing of substance. It really doesn’t matter. Impeachment is the goal, someone will just have to find a reason sooner or later because Trump must be guilty. The problem is this is all an investigation in search of a crime. That sounded better three years ago when it all began. Watching the pivot from Russiagate to generic corruption as the main driver just exposes how empty the process is. What was supposed to be the end, Mueller, is now being characterized as only “the end of the beginning.”
NBC is more straightforward in outlining the “reasons” for impeachment than most: “The lines of investigation run from Trump’s campaign and White House operations all the way to his tax records and business dealings, and some Democrats are convinced they will ultimately be able to use their findings to tell the story of a president who has committed offenses for which he should be removed from office.”
Representative Rashida “Impeach the Mother F*cker” Tlaib is the unofficial spokesperson for the “he’s guilty, now find me the crime” line. Tlaib will introduce a resolution calling on the House Judiciary Committee “to formally move on investigating grounds for impeachment.”
The Daily Beast’s Lloyd Green seems to have figured out the situation, writing “Unlike the Nixon impeachment inquiry, the current impeachment drive did not commence against the backdrop of identifiable events that took place after Nixon was elected, or which resonated beyond the partisan divide. Here, there was no Watergate break-in or Saturday Night Massacre. Instead, impeachment feels like a cumulative punishment for ‘modern presidential,’ Trump’s ceaseless effort to define deviancy, and decency, down.”
A developing nasty truth about many of the accusations accumulating around the new Democratic House like snow drifts is the loop between what the Dems are doing and the media. The goal is to ever-widen the circle of things to be investigated in hopes of finding something. It works like this. An article will appear, based of course on anonymous sources, saying for example Trump tried to block a merger for political gain. Mere days later, citing the article as new evidence, House Judiciary Committee Democrats announce they need to look into the merger. Next up, a Democratic senator demands the Attorney General launch his own investigation. Often an editorial or Op-Ed will then complete the circle praising Congress for trying to get to the bottom of things.The same thing happened after a New York Times article, based in part on those anonymous sources, triggered calls to investigate Jared Kushner’s security clearance.
The use of anonymous sources (and who knows, perhaps those “sources” are connected to the Democrats themselves) to cue the growing number of investigations up is very transparent. Concerns Trump and Fox work together are too narrow a focus on what is really going on, as mainstream outlets shift from mere partisan reporting to serving as political operatives. Donna Brazile leaking a few questions in advance to Hillary Clinton will seem quaint in retrospect.
That seems to be the game plan for the next two years. What remains are two big questions: will it work, and will it end.Assuming something is found worth opening impeachment hearings over, the Republican majority in the Senate is still unlikely to convict. Trump will thus run for reelection in 2020. Will public opinion, empathy, following impeachment proceedings help him as it ultimately did Bill Clinton? How many voters will see through this politicization of the Constitutional process and turn away from the Dems? How many Democrats who want real things to happen on healthcare and immigration will see this all as just a waste of time?
Then the last question: will this all end in 2020? Because if the endless investigation tactic seems to work this time around, you can bet when the next Democrat takes the White House, they will wake up the day after their inauguration to find a special prosecutor and Congressional hearings waiting. Ten years of taxes? How about we start with twenty and see where that goes? Now, Madam President, about this handwritten note in your junior high school yearbook…
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
Is Michael Cohen Impeachment’s Smoking Gun?
While 8000 miles away in Vietnam the president of the United States practices nuclear diplomacy, Americans at home watched former Trump lawyer Michael Cohen stand up on his hind legs to beg for a reduced jail sentence.Cohen, testifying on February 27 before the House Committee on Oversight and Reform (he testified behind closed doors on Tuesday to the Senate Intelligence Committee, and he will go back behind closed doors Thursday with the House Intelligence Committee), told Americans who think they already know what they think exactly what they wanted to hear: Trump is a vulgar conman, a racist, and a cheat. None of that is impeachable or criminal. Also, water is wet.
The media is burying the lede: Michael Cohen did not provide any evidence of Russian collusion with the Trump campaign, nor did he provide any evidence of collusion, active coordination or conspiracy with Wikileaks. Cohen’s accusation of a Trump crime while in office is at best an evidence-free rendering of an unclear violation of a campaign finance law usually settled with a fine. Any action going forward using Cohen’s testimony requires one to simply believe the words of Michael Cohen. That’s a big ask.
Building a criminal case, or impeachment, around the uncorroborated testimony of a disbarred, convicted felon violating attorney-client privilege to beg for a shorter sentence seems weak. Absent corroborating evidence it is hard to see Cohen’s testimony leading to impeachment or criminal charges. It all sounds very dramatic and will be played as such by the media, but in the end is another faux smoking gun. There’s just not much meat on these bones.
On Russian collusion, Cohen stated “Questions have been raised about whether I know of direct evidence that Mr. Trump or his campaign colluded with Russia. I do not. I want to be clear. But, I have my suspicions.” Cohen went on to claim he saw Don, Jr. tell his father some meeting had been set. “I concluded that Don, Jr. was referring to that June 2016 Trump Tower meeting about dirt on Hillary with the Russian representative when he walked behind his dad’s desk that day.” Cohen presented no evidence the meeting Don, Jr. referred to was with the Russians, or maybe was with the guy redoing Trump’s kitchen. A defense lawyer would be laughing as she labeled Cohen’s “conclusion” speculation and uncorroborated supposition.
The best the Democratic questioners drag out of Cohen over the course of over seven hours was “Mr. Trump’s desire to win would have him work with anyone,” when asked directly if Trump worked with Russia. Cohen did later deny the existence of the pee tape and anything else that could be used as blackmail. Not much to work with. Russiagate comes down to some Trump people noodling around in Moscow about a hotel that was never built, talking about meetings with Putin that never took place? Your big takeaway is Trump was asking about that inside his own organization until June instead of giving up following the progress earlier? That’s what you want to take to the American people as a case for impeachment, with Michael Cohen in an orange jumpsuit on a prison pass as your key witness?
On business in Russia, Cohen claims Trump was “lying to the American people” during his campaign about negotiations to build a hotel in Moscow. Leaving aside there is nothing illegal about negotiating to build a hotel, and that neither Cohen nor anyone else has shown any evidence of all the Putin connections the media keeps insisting must exist. A review of Trump’s statements show what Cohen claims are “lies to the American people” about whether or not Trump had “business” in Russia would be seen by a defense lawyer as careful parsing of words; Slate’s Ben Mathis-Lilley concludes after his own parsing at worst Trump mislead by omission and even that requires one to dig into tweets where Trump used the present tense and not the past tense to describe things.
On Stormy Daniels, Cohen showed a check for $35,000 from Trump to him, which was supposedly part of the total $130k paid to her to keep quiet about Trump and Stormy’s affair. The check does not show what the payment was for. The check does not have Stormy’s name on it. Cohen said it was part of the reimbursement for “illegal hush money I paid on his behalf.” A defense lawyer would chuckle at the idea that was “evidence.” It is a receipt for a crime only because Cohen now says it is. Under direct questioning, Cohen claimed there was no corroborating evidence beyond the 11 checks. He said he sent invoices to Trump for “legal retainer fees,” so don’t bother with the invoices as evidence because Cohen now says he lied on them claiming it was a retainer fee. Those 11 checks will total over $400k, because supposedly Trump rolled Cohen’s fee and bonus into the amount, so we just have to take his word for it that some of that money was for Stormy. Cohen said some of the checks were signed by Don, Jr. and the Trump Organization’s CFO. Apparently the checks are going to be used to implicate personally a person who did not sign the checks.
Paying money as part of a nondisclosure agreement (NDA) is not illegal. If Trump had been just a businessperson who had an affair, there would be nothing to discuss. People legally pay other people to be quiet all the time. Legal services such as Cohen otherwise provided are a standing campaign cost (lawyers regularly obtaining discreet resolutions of issues that threaten the interests of their clients.) The alleged illegality comes from the supposition by Cohen that he can speak to Trump’s intent, that the NDA was not, say, to spare Trump’s marriage from new embarrassment, but in the text of the law “for the principal purpose of influencing an election” amid everyone already knowing Trump was a serial philanderer. Campaign finance laws require proof a person was willfully violating the law. Cohen’s testimony does not prove Trump knew the payments he was making were illegal. Prosecutors would have to prove that willingness somehow if they wanted to charge the president.
Even then, that would make Trump at worst a conspirator to a contested interpretation of the Federal Election Campaign Act. At worst it is a de minimis legal violation the serious business of impeachment isn’t concerned with. It is hard to imagine impeachment hearings bogging down looking into intricacies of federal election law that otherwise confound second year law students.
On Trump ordering Cohen to lie to Congress, Cohen said “Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates. In conversations… he would look me in the eye and tell me there’s no business in Russia and then go out and lie to the American people by saying the same thing. In his way, he was telling me to lie.” Cohen later referred to some sort of Trump “code” that was used to order him to lie.
On Wikileaks, Cohen stated “In July 2016, days before the Democratic convention, I was in Mr. Trump’s office when his secretary announced that Roger Stone was on the phone. Mr. Trump put Mr. Stone on the speakerphone. Mr. Stone told Mr. Trump that he had just gotten off the phone with Julian Assange and that Mr. Assange told Mr. Stone that, within a couple of days, there would be a massive dump of emails that would damage Hillary Clinton’s campaign.” Someone will need NSA intercepts to prove this true because Stone and Wikileaks deny it, and Cohen says there were no others present to corroborate.
The question left aside is so what. In the larger picture, it represents limited passive knowledge on Trump’s part the emails will leak, as Cohen said Stone had no details on the upcoming content. It does not say the Russians did anything, it does not say Trump worked with Wikileaks. Stone, of course, is habitually full of crap. He had previously lied about having dinner with Assange. Even if the call was made, it remains a real likelihood Stone was overselling his access to Wikileaks. Julian Assange is a hard guy to get on the phone and would have no incentive to tip off a partisan hack like Stone and risk soiling his claims to non-partisanship. Even the New York Times has questioned how trustworthy Stone is.
Cohen said the phone call took place July 18 or 19. Trump could have read on Twitter July 7 that Wikileaks had pending releases. Earlier, the Guardian on June 12, 2016, where Assange announced he’d be releasing more Clinton emails. The newspaper stated the emails will “provide further ammunition for Donald Trump, her Republican presidential rival, who has used the issue to attack her.” The Stone call, if it took place, was based on public knowledge. Pretty much anyone with a pulse in Washington anticipated more Wikileaks releases that summer of 2016. Cohen’s bombshell had been available online for almost three years.
The emerging media bleat Trump lied in writing to Mueller about contact with Stone and thus, if Cohen is believed, committed perjury, is based solely on unconfirmed anonymous “sources.” No one outside the White House and Mueller’s office knows what Trump wrote in answer to the special prosecutor’s written interrogatories.
So this is it? A saga that began in the summer of 2016, one that commanded a Special Prosecutor to investigate if the Russian government worked with the current president of the United States to help him get elected, that claimed that president was a Russian intelligence asset under the control of Putin, is going to hinge on the minutiae of campaign finance law? That is going to be lawyered into something leading to impeachment?
As for the hearing itself, Democrats spent the day putting inflammatory words into Cohen’s mouth that he gratefully voiced to make good quotes. They focused on questions of Trump’s finances which will no doubt provide the hook for exposing Trump’s taxes. Republicans spent the time calling Cohen dishonest. Neither side distinguished themselves but gratefully no one on the dais made any specific Godfather movie references. The new POC Democrats in the House called most everyone else racists and made little virtuous speechlets.
Cohen, for his part, referred to himself more than once as the son of a Holocaust survivor and sought victimhood throughout the hearing because he will miss his family while in jail. Cohen hurt his own credibility on multiple occasions claiming not to understand simple questions just as time ran out, allowing him to dodge responding. Chairman Cummings abetted this via his on-and-off again aggressive enforcement of time limits. Cohen refused to say he’d dedicate the millions he will most certainly make off book deals and commentary roles to charity, further reducing his credibility. He dangled he had hundreds of tapes of something, but produced none. Heaven help us when #BelieveCohen starts trending.
It was going to be Comey’s testimony that took Trump down, then Papadopoulos was going to flip, or maybe Manafort or Flynn. There were tapes of something, a Russian spy with red hair who would roll over. Books by Comey and Clapper blowing the roof off things, the walls closing in again and again and again. And soon it will be Mueller time! Or may Southern District of New York time, because the media seems to be prepping us Mueller may not have much to say.
It is all exhausting. We’ll soon enough see if voters feel like a dog with a mean owner always holding out a Scooby treat he’ll never let go of. Sooner or later that dog might say, I’m either gonna bite that SOB, or just get bored and stop giving him the satisfaction of salivating around him.
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
The FBI’s Coup Attempt Failed
The sad state of things is former FBI Deputy Director Andrew McCabe is barking around late night comedy shows, in spots usually reserved for B-list actors to pimp their latest movies, pimping the idea the president is a live Russian intelligence asset.We also hear from McCabe the FBI sought to overturn the 2016 election after it failed to get its preferred candidate elected.
If any of this surprises you — essentially an attempted coup by the FBI that failed when the Cabinet would not support it by a faux invocation of the 25th Amendment — you haven’t been reading my stuff. Here’s a piece from over a year ago explaining.
BONUS:
And for fun, here’s a year old summary of the Mueller Russiagate case that could run today with some minor updates. Little of substance has changed, and yes, we’re still waiting.If you’re interested in what’s next, it will be the Steele Dossier falling apart. Here’s why.
The full force of the U.S. intelligence community has been looking for evidence of Russian government (not just “some Russians”) interference in the election for close to two and a half years (five Trump campaign officials were under investigation as of September 2016, including Flynn.) It is reasonable to conclude they do not have definitive intelligence, no tape of a Team Trump official cutting a deal with a Russian spy. The same goes for the Steele dossier and its salacious accusations. If a tape existed or if there was proof the dossier was true, we’d watching impeachment hearings.
What’s left is the battle cry of Trump’s opponents since Election Day: “Just you wait.” They exhibit a scary, gleeful certainty that Trump worked with the Russians, because how else could he have won?
Copyright © 2020. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity.
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