The Swamp Has Been The Swamp For A While

Issues & Insights posted an article today with the following headine, “This Isn’t The First Time The IG Denied Flagrant Bias At The FBI.”

The article reports:

Democrats and the mainstream press – is there any difference between the two these days? – have been clinging to the “no bias” statement by the Justice Department inspector general with all their might.

The IG said that he couldn’t state definitively that political bias motivated officials at the FBI to launch and then sustain an investigation against the Trump campaign based on the Clinton-campaign funded and thoroughly discredited Steele Dossier.

That was enough for press to run headlines such as:

“Bias didn’t taint FBI leaders running Trump-Russia Investigation”

“Report on F.B.I. Debunks Anti-Trump Plot”

“Mistakes, but no political bias in FBI probe of Trump campaign: watchdog”

And when Inspector General Michael Horowitz testified before the Senate Judiciary Committee on Wednesday, Democrats repeatedly pressed him to state his “no bias” claim over and over.

“You didn’t find a ‘deep state’ conspiracy against candidate or President Trump,” Sen. Diane Feinstein asked in the form of a statement.

“We found no bias,” Horowitz said.

Sen. Patrick Leahy repeated the “question,” saying that the IG had found “no evidence that the investigation was motivated by anti-Trump or political bias.”

The notion that there was “no bias” at all is impossible to believe when you look at the evidence that Horowitz gathered.

The article also notes:

In any case, this “no bias” language in the latest IG report is almost identical to what Horowitz said in his June 2018 report about the hopelessly biased FBI “investigation” into Hillary Clinton’s use of a private email server when she was secretary of State.

In that report, the also G claimed that there was “no evidence that the conclusions by department prosecutors were affected by bias.” The report then went on to say that officials made a series of “judgment calls” that were technically proper.

But the truth is that every single one of these judgment calls benefited Clinton.

Plus, the IG found plenty of evidence of flagrant bias among the key players in that investigation, including exchanges between Peter Strzok and Lisa Page about how “we’ll stop” Trump from being elected.

The article concludes:

What kind of “inaccuracies and omissions”? Oh, things like hiding from the court information that “raised significant questions about the reliability of the Steele reporting that was used.” And failing to tell the court that Page had been an FBI informant, which involved working with Russian intelligence officers.

“We also found” he went on, “basic, fundamental, and serious errors during the completion of the FBI’s factual accuracy reviews.” And it found that FBI officials “did not give appropriate attention to facts that cut against probable cause.”

In other words, any shreds of evidence that there was no reason to spy on Page.

Horowitz said these “basic and fundamental errors” were made by “three separate, hand-picked investigative teams.”

If the FBI were simply incompetent, you’d expect these “fundamental errors” to be more random. But as with the “judgment calls” during the Clinton email investigation, all of these mistakes just happened to cut in one direction only. In this case of Clinton, they all helped the FBI reach the decision they’d made at the start to exonerate her. In Trump’s case, every supposed screw-up all helped to keep the probe going.

Even Horowitz himself wouldn’t categorically deny that bias played a role in the FISA applications. As he told Sen. Patrick Leahy, the Vermont Democrat, “it gets murkier … when you get to the FISA.”

“Murkier” is one way of putting it. “Deep state, anti-Trump bias” is another way. Just because an inspector general won’t say those words doesn’t mean it didn’t happen.

We truly are on a quest to restore equal justice under the law. Right now we don’t have it.

Rules??? What Rules?

The Federalist posted an article yesterday listing five times the Mueller Probe broke basic prosecutorial rules.

The article lists the rules broken:

1. Using Leaks And Press Conferences to Trash Un-charged Targets

Rule 3.8 of the American Bar Association’s rules of professional responsibility for prosecutors provides,

A prosecutor shall, except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

2. Using Their Power to Crush Client-Attorney Privilege

Rule 3.8 also provides,

A prosecutor shall not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:

(1) the information sought is not protected from disclosure by any applicable privilege;

(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and

(3) there is no other feasible alternative to obtain the information;

3. Prosecuting Despite Knowing They Can’t Prove Their Case

Rule 3.8 also provides “The prosecutor in a criminal case shall: refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.”

Notwithstanding that the key collusion allegation had already been disproven before Mueller first turned on the lights in the special counsel’s office, for nearly two years Mueller has been trying President Trump in the court of public opinion. This is more than a mere expression. The venue for trying the president is in the Senate under Article I, Section 3 of the Constitution, and the constitutional framers always intended that senators make their decisions based in part on the opinions of the electorate they represent.

4. Special Counsels Aren’t Supposed to Be a Partisan Hit Squad

Federal law regarding the “Independence of the Special Counsel” says: “An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, …. The Special Counsel shall be selected from outside the United States Government.”

Mueller should not have been selected as the special counsel, due to his close personal relationship with Comey. Further, his entire staff was clearly not impartial.

As one example, the prominent attorney Jeannie Rhee worked for the Clintons to keep Hillary’s emails out of public view only months before joining the Mueller team to investigate Hillary’s political opponent. Clinton might face legal consequences for secretly starting the Russia collusion hoax using campaign funds.

5. Rosenstein Used His Government Position to Protect Himself

Federal conflict of interest law (28 C.F.R. § 45.2 (a)) says:

Unless authorized under paragraph (b) of this section, no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with: (1) Any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution; or (2) Any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.

The article concludes:

The get-Trump crowd has been carrying the scorpion of the Mueller investigation on their backs for nearly two years. The damage this has done to America may never be undone. The zealots claiming Trump to be a threat to the rule of law have proven themselves right by using their outrage to trample important constitutional principles such as the presumption of innocence, the right to defend oneself from criminal accusations, attorney-client privilege, and the right to be free from unreasonable searches.

None of that seemed important if we truly had a Russian agent occupying the White House. But we don’t. The anti-Trump zealots, not Trump, threatened these cherished principles that ensure equal treatment under the law for all Americans, even the president, regardless of political party.

The people responsible for the abuse of the role of the Special Counsel need to be held accountable. Otherwise, anytime someone the deep state disapproves of is elected, we will go through this entire scenario again. Rules were broken, attorney-client privilege was totally disregarded, and innocent people had their lives ruined simply because they tangentially worked with President Trump. That is unacceptable. The price paid by those who engineered and carried out this travesty needs to be so high that no one will ever attempt it again. This truly was an attempted coup. Those responsible need to pay the appropriate price.

Some Surprisingly Good Logic From The Left

Mediaite posted an article yesterday on the George Zimmerman arrest. The article was an interview that occurred on MSNBC’s hardball when guest host Michel Smerconish was interviewing Professor Alan Dershowitz on the arrest of George Zimmerman. I will admit I was rather surprised at the Professor’s comments.

The article reports Professor Dershowitz’s comments:

“Most affidavits of probable cause are very thin. This is so thin that it won’t make it past a judge on a second degree murder charge,” Dershowitz said. “There’s simply nothing in there that would justify second degree murder.”

Dershowitz said that the elements that would constitute that crime are non-existent in the affidavit. “It’s not only thin, it’s irresponsible,” said Dershowitz.

Dershowitz went on to strongly criticize Corey’s decision to move forward with the case against Zimmerman. “I think what you have here is an elected public official who made a campaign speech last night for reelection when she gave her presentation and overcharged. This case will not – if the evidence is no stronger than what appears in the probable cause affidavit – this case will result in an acquittal.”

I guess I have more than one question about this entire episode. If George Zimmerman followed Trayvon Martin after he was told not to, that was a mistake. I understand that. However, I have a few questions, “If George Zimmerman had not shot Trayvon Martin, would George Zimmerman still be alive? Would he have been beaten to death? Did he have reason to fear that that was a possibility? Does that not then make Florida’s law that says he had a right to defend himself apply?”

This is the modern equivalent of a gun battle at high noon. Regardless of who was right, someone was going to be killed that night.

 


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