Behind The Scenes–The Search For Roots

While Robert Mueller was making the headlines with his appearance on Capitol Hill, the internal investigation at the Justice Department was continuing as to the source of the charges of Russian collusion by the Trump campaign.

Fox News posted an article today about that investigation. Before I go into the details, I think we need to consider why the internal investigation is important. Despite what the Democrats are trying to spin, Mueller, in the afternoon session and his opening remarks, made it clear that there was no evidence of collusion. His task was to look for collusion. The second part of his report, based on speculation by news sources, tried to imply that there was obstruction. That charge was based on conversations and thoughts–not actions. The President talked about firing Robert Mueller. Robert Mueller was not fired. Was talking about it a crime? Using that standard, you can pretty much find anyone guilty of anything. If I decide that I need money and say that I want to rob a bank, is that a crime? Not unless I follow through on it.

The internal investigation is important to determine the source of the charges against candidate Trump. If the source is questionable or political, then the same technique can be used against any future President. That does not bode well for our republic.

The Fox News article points out a few basic things the internal investigation has uncovered:

The Justice Department’s internal review of the Russia investigation is zeroing in on transcripts of recordings made by at least one government source who met with former Trump campaign aide George Papadopoulos overseas in 2016, specifically looking at why certain “exculpatory” material from them was not presented in subsequent applications for surveillance warrants, according to two sources familiar with the review.

The sources also said the review is taking a closer look at the actual start date of the original FBI investigation into potential collusion between members of the Trump campaign and the Russians, as some allege the probe began earlier than thought. Both components are considered key in the review currently being led by Attorney General Bill Barr and U.S. Attorney from Connecticut John Durham –– an effort sure to draw more attention in the coming weeks and months now that Robert Mueller’s testimony is in the rearview.

The recordings in question pertain to conversations between government sources and Papadopoulos, which were memorialized in transcripts. One source told Fox News that Barr and Durham are reviewing why the material was left out of applications to surveil another former Trump campaign aide, Carter Page.

The story continues:

A source told Fox News that the “exculpatory evidence” included in the transcripts is Papadopoulos denying having any contact with the Russians to obtain the supposed “dirt” on Clinton.

But Papadopoulos did not only meet with Mifsud and Downer while overseas. He met with Cambridge professor and longtime FBI informant Stefan Halper and his female associate, who went under the alias Azra Turk. Papadopoulos told Fox News that he saw Turk three times in London: once over drinks, once over dinner and once with Halper. He also told Fox News back in May that he always suspected he was being recorded. Further, he tweeted during the Mueller testimony about “recordings” of his meeting with Downer.

…Former Rep. Trey Gowdy, R-S.C., now a Fox News contributor, first signaled the existence of transcripts of secretly recorded conversations between FBI informants and Papadopoulos earlier this year.

“If the bureau’s going to send in an informant, the informant’s going to be wired, and if the bureau is monitoring telephone calls, there’s going to be a transcript of that,” Gowdy said in May on Fox News’ “Sunday Morning Futures,” acknowledging he was aware of the files and suggesting they included exculpatory information.

The article concludes:

The Barr-Durham review is likely to draw more attention following Mueller’s highly anticipated testimony on Capitol Hill. Republicans sought to focus their questioning on the origins of the Russia investigation under then-Director James Comey’s FBI—a topic Mueller repeatedly said was “out of his purview” due to the ongoing investigation being led by the Justice Department. Another review is being conducted by the DOJ inspector general.

“Maybe a better course of action is to figure out how the false accusations started,” Rep. Jim Jordan, R-Ohio, said Wednesday. “Here’s the good news—that’s exactly what Bill Barr is doing and thank goodness for that.”

The fact that an investigation which began with the misuse of government agencies to spy on a political opponent has taken two years is a miscarriage of justice. Those responsible need to be severely penalized so that the country never has to go through this again.

Choose Your Lawyer Wisely

It was announced recently that General Flynn had fired the attorneys who were supposed to defend him against the charges brought against him in the Mueller investigation. It is annoying to me that James Comey bragged about not going through the proper protocol to interview General Flynn and about telling the General that he did not need a lawyer. It seems to me that a man who had served his country for many years was treated very shabbily by the government he served for so many years. Well, things may be changing.

Sara Carter posted an article today reporting that General Flynn has hired defense attorney Sidney Powell to represent him before his sentencing hearing in Washington D.C.’s federal court. Sidney Powell wrote the book License to Lie about previous cases where Andrew Weissmann  misused his power as a prosecutor.

The article reports:

Powell is the author of the New York Times best seller and tell-all book Licensed To Lie, which exposed the corruption within the justice system. The book is based on the case Powell won against prosecutor Andrew Weissmann, when he was deputy and later director of the Enron Task Force.

Weissmann served as Mueller’s second in command for the special counsel investigation into the Trump campaign, despite the fact that his tactics have been highly criticized by both judges and colleagues. He was called unscrupulous and has had several significant issues raised about how he operated during the Mueller inquiry into Trump campaign officials, including Flynn.

He prosecuted the accounting firm Arthur Andersen LLP, which ended in the collapse of the firm and 85,000 jobs lost world wide. Maureen Mahoney took the case to the Supreme Court, and Powell consulted.  Mahoney overturned Weissmann’s conviction and the decision was reversed unanimously by the court.

Powell has openly stated in columns and on cable networks that Weissmann’s dirty tactics of withholding exculpatory evidence and threatening witnesses to garner prosecutions should have had him disbarred long ago.

It seems to me that Weissmann has not changed his tactics. It is good news that Sidney Powell will be representing Michael Flynn. I suspect that with her as his lawyer, Flynn’s case will be thrown out of court.

Drip, Drip, Drip…

There are still a lot of unanswered questions about the whole Russian collusion thing. I suspect the truth will gradually come out over the next two or three months, but I wonder if the dyed-in-the-wool Trump haters will believe the truth when it does come out. Meanwhile, there are some very interesting hints of things to come that periodically show up.

The Gateway Pundit posted an article today about some comments made by Trey Gowdy this morning on “Sunday Morning Futures” with Maria Bartiromo. There is a video in the article, but here are the relevant quotes:

Trey Gowdy: There’s a lot of serious questions that need to be asked. When did the Russian probe begin? When did it become hopelessly co-mingled with the Trump campaign? What was the factual predicate? Where are the transcripts, if any exist between the informants and the telephone calls to George Papadopoulos? Why the defensive briefing so inadequate of President Trump? Why didn’t they do a follow-up defensive briefing? That doesn’t even get to the whole FISA abuse in the fall. That’s just the spring and summer of 2016. There’s lots of questions and I hope Bill Barr finds someone who is skilled enough to answer them…

Maria Bartiromo: I’m really glad you brought that up. The FBI’s conversations with George Papadopoulos. Because when the FBI agent sends in informants to someone they’re looking at, typically those conversations are recorded, right? Those people are wired.

Trey Gowdy: Yeah, if the bureau is going to sends in an informant the informant is going to be wired. If the bureau is monitoring telephone calls there’s going to be a transcript of that. Some of us are fortunate enough to know those transcripts exist. But they haven’t been made public. And I think one in particular has the potential to actually persuade people… There is some information in these transcripts that has the potential to be a game changer if it’s ever made public… If you have exculpatory evidence that was not shown to the court, that ain’t good. I’ve seen it. Johnny (Ratcliffe) has seen it. I’d love for your viewers to see it.

Trey Gowdy: We can call it a dossier. It sounds official. It’s really something the National Enquirer would blush if they printed it. So we know it was used four times by the United States government. What we’re trying to figure out is if it was used a fifth time in the intelligence assessment and you’ve got Brennan and Clapper and Comey, all three who know full well whether or not it was used in the intelligence assessment, but they’re giving you different versions. So there is information that exists in December of 2016 and I hope anyone who has access to it, Senator Burr, Devin (Nunes), whoever is open minded, go look at that and I think it will help you understand whether or not that dossier, that unverified hearsay, was used five times or just four times by the United States government. It’s pretty bad if it was used four times. It’s REALLY BAD if it was used five times!

So what can we expect? More attacks on Attorney General Barr, attacks on John Durham, and almost manic attempts to remove President Trump from office will occur in an attempt to prevent the truth from getting out. If the truth is about to come out, look for a major distraction–an indictment of someone that can be somehow connected to President Trump or some such other distraction. The people involved in the misuse of government agencies during the Obama administration are going to play hard ball. The only way to prevent this abuse from happening in the future is to play hard ball back. It is going to get ugly, but if justice prevails, it will be fun to watch.

 

How A Kangaroo Court Works

The website study.com includes the following definition of exculpatory evidence:

In Brady v. Maryland (1963), the Supreme Court held that exculpatory evidence withheld in a criminal trial can result in a re-hearing of the case. In this case, Brady was convicted for murder, and the prosecutor failed to tell a jury that another defendant, who had committed the murder with Brady, had already confessed to the killing. The court stated that the jury needed to hear that evidence because it could assist them in their decision regarding Brady. From then on, any exculpatory evidence the prosecutor or law enforcement has is called Brady material, the requirement to turn Brady material over to the defense is called the Brady rule.

Any evidence from a crime scene is subject to the Brady rule.

But what other kind of evidence is exculpatory? The law says ‘any evidence’ that tends to show innocence of the defendant is included. This can include crime scene evidence, witness testimony, DNA results, and medical records.

…The Supreme Court said that without the rule, the defendant’s due process rights would be violated. Due process comes from the 5th and 14th Amendments to the Constitution, and means that before the government can take away your liberty, it must first give the person the rights and process due to him or her under the Constitution. If the government has evidence that says you might be innocent, it would violate the fairness and impartiality of the trial process by just ignoring it and not letting the jury see it.

The concept of exculpatory evidence is going to be in the spotlight as the case against General Michael Flynn moves forward.

Yesterday John Solomon reported the following at The Hill:

For nearly two years now, the intelligence community has kept secret evidence in the Russia collusion case that directly undercuts the portrayal of retired Army general and former Trump national security adviser Michael Flynn as a Russian stooge.

That silence was maintained even when former acting Attorney General Sally Yates publicly claimed Flynn was possibly “compromised” by Moscow.

And when a Democratic senator, Al Franken of Minnesota, suggested the former Defense Intelligence Agency (DIA) chief posed a “danger to this republic.”

And even when some media outlets opined about whether Flynn’s contacts with Russia were treasonous. 

Yes, the Pentagon did give a classified briefing to Senate Judiciary Committee Chairman Charles Grassley (R-Iowa) in May 2017, but then it declined the senator’s impassioned plea three months later to make some of that briefing information public.

“It appears the public release of this information would not pose any ongoing risk to national security. Moreover, the declassification would be in the public interest, and is in the interest of fairness to Lt. Gen. Flynn,” Grassley wrote in August 2017.

Please follow the link to the article at The Hill to see the details, but the bottom line here is simple.

The article explains:

Rather than a diplomatic embarrassment bordering on treason, Flynn’s conduct at the RT (Russia Today) event provided some modest benefit to the U.S. intelligence community, something that many former military and intelligence officers continue to offer their country after retirement when they keep security clearances.

It’s important to wind back many months to where the Russia collusion narrative started and the media frenzy–driven suggestion that Flynn may have been on a mission to compromise America’s security and endanger this great republic when he visited Moscow.

Would the central character in a Russian election hijack plot actually self-disclose his trip in advance? And then sit through a briefing on how to avoid being compromised by his foreign hosts? And then come back to America and be debriefed by U.S. intelligence officers about who and what he saw?

And would a prosecutor recommend little or no prison time for a former general if that former military leader truly had compromised national security?

Highly unlikely.

It really is time for the deep state to stop its attack on President Trump and those who have supported him. Unfortunately, now that the Democrats control the House of Representatives, we can expect to see more taxpayer dollars spent on trying to undo an election they didn’t like.