What Happens When The Investigation Doesn’t Go In The Direction You Had Hoped

Breitbart posted an article today about some recent comments by Representative Adam Schiff.

The article reports:

Sunday on CNN’s “State of the Union,” Rep. Adam Schiff (D-CA) hinted that he would not accept the findings of special counsel Robert Mueller as the end of the investigation into President Donald Trump and Russia.

CNN’s Dana Bash asked, “We expect at some point maybe soon, maybe not, the findings of the Mueller investigation to finally be completed. If he finds that there was no direct collusion between the Trump campaign and Russia, will you accept that?”

Schiff, “We’re going to have to do our own investigation, and we are. We’ll certainly be very interested to learn what Bob Mueller finds. We may have to fight to get that information. Bill Barr has not been willing to commit to provide that report either to the Congress or to the American people. We’re going to need to see it. The American people need to see it. We may also need to see the evidence behind that report. There may be, for example, evidence of collusion or conspiracy that is clear and convincing but not proof beyond a reasonable doubt.”

He added, “The American people are entitled to know if there is evidence of a conspiracy between either the president or the president’s campaign and a foreign adversary. At the end of the day, the most important thing for the American people to know is whether the president is somehow compromised, whether there’s a leverage the Russians could use over the president and if the Russians are in a position to expose wrongdoing by the president or his campaign. That’s compromising.”

There have been a lot of insinuations that Robert Mueller’s report is not going to find anything. If Representative Schiff has his own investigation, he can keep the unfounded suspicions against the President in the news until the 2020 election and hope that he can create enough innuendo to cause the President to lose the election. That is what is actually going on here. Finding the facts has very little to do with anything in Congress.

Annoying Things Done By Politicians

Representative Adam Schiff released the Democratic memo about FISA surveillance on Saturday (when he assumed no one would be paying attention). The memo is an effort to deflect charges that the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ) were weaponized for political purposes during and after the 2016 presidential campaign. The memo itself was a purely political move, and the release of the memo on a Saturday night was also a political move. The release of the memo is interesting bercause the memo does not help the Democrats’ case.

Yesterday Andrew McCarthy posted an article at National Review explaining that the memo does more damage to the Democrats’ arguments than helps them. Because of his extensive legal background, Andrew McCarthy is the perfect person to dissect this memo.

The article is detailed, and I suggest that you follow the link to read the entire article, but I will try to summarize it.

The article reports:

The memo concedes that the FISA-warrant application relied on allegations by Steele’s anonymous Russian hearsay sources that:

Page met separately while in Russia with Igor Sechin, a close associate of Vladimir Putin and executive chairman of Roseneft, Russia’s state-owned oil company, and Igor Divyekin, a senior Kremlin official. Sechin allegedly discussed the prospect of future U.S.-Russia energy cooperation and “an associated move to lift Ukraine-related western sanctions against Russia.” Divyekin allegedly disclosed to Page that the Kremlin possessed compromising information on Clinton (“kompromat”) and noted the possibility of its being released to Candidate #1’s [i.e., Donald Trump’s] campaign. . . . This closely tracks what other Russian contacts were informing another Trump foreign policy adviser, George Papadopoulos.

1) This was obviously the most critical allegation against Page. The Democrats attempt to make much of Page’s trip to Moscow in July 2016, but the uncorroborated Sechin and Divyekin meetings, which Page credibly denies, are the aspect of the Moscow trip that suggested a nefarious Trump–Russia conspiracy. That’s what the investigation was about. Far from clandestine, the rest of Page’s trip was well publicized and apparently anodyne.

2) Democrats implausibly insist that what “launched” the FBI’s counterintelligence investigation was not Steele’s allegations but intelligence from Australia about George Papadopoulos’s contact with what Democrats elusively describe as “individuals linked to Russia.”

…Even if we assume for argument’s sake that these characters had solid regime connections — rather than that they were boasting to impress the credulous young Papadopoulos — they were patently not in the same league as Sechin, a Putin crony, and Divyekin, a highly placed regime official. And that, manifestly, is how the FBI and the DOJ saw the matter: They sought a FISA warrant on Page, not Papadopoulos. And, as the above-excerpted passage shows, they highlighted the Steele dossier’s sensational allegations about Page and then feebly tried to corroborate those allegations with some Papadopoulos information, not the other way around. (More on that when we get to Schiff’s notion of “corroboration.”)

The article also notes:

…because Page was an American citizen, FISA law required that the FBI and the DOJ show not only that he was acting as an agent of a foreign power (Russia), but also that his “clandestine” activities on behalf of Russia were a likely violation of federal criminal law. (See FISA, Section 1801(b)(2)(A) through (E), Title 50, U.S. Code.) It is the Steele dossier that alleges Page was engaged in arguably criminal activity. The Democrats point to nothing else that does.

Because of the way this whole story has been reported, I am not sure many Americans realize that the constitutional rights of one of their fellow citizens were violated by the FISA Court. All of us need to remember that this could happen to any one of us. We also need to note that if the use of the FBI and DOJ for political purposes is not dealt with and the guilty parties punished, we will see more of this behavior in the future.

The article continues:

How’s this for transparency? The FISA warrant application says that Steele, referred to as “Source #1,” was “approached by” Fusion GPS founder Glenn Simpson, referred to as “an identified U.S. person,” who

indicated to Source #1 that a U.S.-based law firm had hired the identified U.S. Person to conduct research regarding Candidate #1’s [i.e., Trump’s] ties to Russia. (The identified U.S. Person and Source #1 have a longstanding business relationship.) The identified U.S. Person hired Source #1 to conduct this research. The identified U.S. Person never advised Source #1 as to the motivation behind the research into Candidate #1’s ties to Russia. The FBI speculates that the identified U.S. Person was likely looking for information that could be used to discredit Candidate #1’s campaign. [Emphasis in Schiff memo, p. 5]

The first thing to notice here is the epistemological contortions by which the DOJ rationalized concealing that the Clinton campaign and the DNC paid for Steele’s reporting. They ooze consciousness of guilt. If you have to go through these kinds of mental gymnastics to avoid disclosing something, it’s because you know that being “transparent” demands disclosing it.

As I stated, it is a very long and detailed article. Please follow the link above to see the other problems with the Schiff memo.