Fighting Back Legally

The American Spectator posted an article today about the ongoing legal case of General Flynn. As you know, General Flynn’s new lawyer, Sidney Powell, is the author of the book Licensed to Lie, which details government abuses in cases against Enron and Ted Stevens among others. Ms. Powell has a very clear understanding of prosecutorial misconduct and how to deal with it.

The article at The American Spectator details a case in which a policeman charged with rape was able to get the charges dropped by shedding light on the actions of the prosecutors regarding the witnesses. The article refers to this as ‘graymail’ and suggests that this tactic will be used by Ms. Powell to defend General Flynn.

The article reports:

As you may recall, there are many disturbing questions surrounding the federal government’s investigation, arrest, and prosecution of Flynn. Although he has pled guilty to a flimsy and corruptly contrived charge of lying to the FBI, that plea came about after he had — according to media reports — bankrupted himself by paying $4 million in legal fees to the Washington law firm that represented him prior to Powell. In short, it appears that Flynn pled guilty because he couldn’t afford any more justice.

In addition to the law firm’s impressive professional achievement of turning a mere guilty plea proceeding into a reported $4 million payday, the known facts and circumstances surrounding the Flynn case are equally remarkable. We know that the charges arise out of an ambush interview orchestrated by former FBI Director James Comey and Deputy Director Andrew McCabe regarding contacts that Flynn, the incoming Trump administration’s National Security Adviser, had with Russian Ambassador Sergei Kislyak. According to Powell’s thorough, broadly worded, and aggressive discovery motion, recently produced (and previously withheld) government documents disclosed that “Flynn passed his polygraph test in 2016 and his security clearance was renewed. This was at the same time the FBI seems to have been investigating him under the pretext that he was an ‘agent of Russia’ and/or of Turkey. Interestingly, the new production also shows that [former Director of National Intelligence] James Clapper refused to assist in the investigation for Mr. Flynn’s security clearance, which Mr. Flynn received after a full investigation despite Mr. Clapper’s actions.” In addition, at the bar of the Court, Powell advised U.S. District Judge Emmet Sullivan that the recently disclosed documents showed the government had concluded that Flynn was neither a Russian nor a Turkish agent.

The article notes:

So why and how was Flynn targeted for destruction by the FBI and Justice Department? Powell’s discovery motion seeks answers to these questions by demanding the production of evidence exposing the links between the investigation and prosecution of Flynn to the Obama administration’s efforts to target, spy on, and frame Donald Trump.

The article goes on to list the documents requested.

The article concludes:

Moreover, if Judge Sullivan grants the defense even partial relief, the prosecutors will then be faced with a bitter choice, to wit:

(a) They can produce the damning evidence of the government’s corrupt activities in order to continue the prosecution of their ludicrous and petty false statements case against Flynn. Or (b) the prosecutors can do the smart thing by dropping the charges and quietly disappearing into the witness protection program.

If the prosecutors want my advice, in the event Judge Sullivan grants any part of Powell’s lethal motion, they should pick option (b) and ask the U.S. Marshal’s Service to relocate them to Arizona. I hear it’s nice there in the winter, and retirees can live comfortably on even a modest government pension.

I really like Plan B.

Hoping To Shed Some Light On A Very Strange Story

Today The Conservative Treehouse posted an article about Patrick Byrne, who resigned his position as CEO of Overstock yesterday. Mr. Byrne’s story involves spying on certain political campaigns for the FBI.

The article reports:

After a cursory meeting in/around July 2015, Byrne claims in the period of September to December 2015 he reported contact with Russian national Ms. Maria Butina to the FBI as a precaution related to his security clearance.

Byrne claims he was asked to participate in an FBI intelligence operation and to introduce, and/or facilitate the introduction of, Ms. Butina to the campaigns of Marco Rubio, Ted Cruz and Donald Trump.

In December of 2015 Mr. Byrne became suspicious of the FBI motives because he warned FBI officials of a potential that his efforts, his reputation and those who trust him, may result in Butina gaining entry into campaign confidences. The FBI agents told Byrne that was exactly the intent; people high up in the FBI wanted Ms. Butina to gain deep access into the Trump campaign. Mr. Byrne became suspicious of a corrupt political motive, but didn’t say anything at the time.

Additionally Byrne’s assistance was requested for an investigation of a high-level government official, he later named as Hillary Clinton.

[Sidebar: It’s noteworthy that during these FBI engagements Byrne was never requested to facilitate Ms. Butina into the Bernie Sanders campaign.  The inference in that omission is the Dem primary was rigged, and the riggers saw no value wasting time on Bernie]

In/around Feb or March 2016 Byrne was told to focus Ms. Butina’s attention to the campaign of Donald Trump and to diminish any attention toward Rubio or Cruz.

The assistance of the investigation of the federal official (Hillary Clinton) ended in late June and early July of 2016.  Immediately thereafter Ms. Clinton was publicly -and unusually- cleared by FBI Director James Comey on July 5th, 2016.

In/around this same June & July time-frame (2016), FBI agents requested Mr. Byrne to focus on developing a closer romantic relationship with Ms. Butina and to use his influence to target her to closer proximity with the Trump family and Trump campaign.

It was within these June and July 2016 engagements where FBI agents were apologetic about the requests and specifically mentioned their instructions were coming from three principle FBI officials Byrne described as “X, Y and Z”.   Later Byrne identified FBI Director James Comey as “Z”.

In the Fox MacCallum interview Byrne named James Comey, Andrew McCabe, Bill Priestap, John Carlin (DOJ-NSD) and Peter Strzok.   Mr. Byrne said the specific instructions were coming to the agents from Special Agent Peter Strzok as he relayed the requests of those above him [X, Y and Z (Comey)].

This FBI contact structure highlights an arms-length operation; perhaps intentionally constructed to create plausible deniability for those above the directly instructing agents.

In its conclusion, the article notes:

I’m sure it is just a coincidence, but FBI Special Agent Peter Strzok’s wife, Melissa Hodgman, happens to be the Assoc. Director of the SEC Enforcement Division, who happened to be leading the SEC investigation of Peter Byrne’s company. [LINK]

So the wife of the FBI agent who was directing Patrick Byrne in the sketchy FBI operation targeting Donald Trump… just happens to open an investigation of Byrne shortly after the corrupt FBI operation containing her husband first hit the headlines in early 2018.

It will be interesting to see how much of this story makes it to the mainstream media.

Who Is In Charge In Washington?

Center for Security Policy President Fred Fleitz asks a question we all need to know the answer to. Evidently some of our intelligence people are ignoring direct legal orders from the President. Later, the discussion turns to the situation on our southern border.

Will We Ever See Justice?

Townhall is reporting the following today:

U.S. District Court Judge Emmet G. Sullivan ruled on Thursday that former Secretary of State Hillary Clinton has 30 days to answer additional questions about her email scandal. The decision comes after Judicial Watch filed a lawsuit to obtain additional information from Clinton and Director of Information Resource Management of the Executive Secretariat John Bentel. The watchdog group also wanted top Clinton aides and State Department officials, including Huma Abedin and Cheryl Mills’, deposition videos made public.

These are the two questions Mrs. Clinton will be required to answer:

1. Describe the creation of the clintonemail.com system, including who decided to create the system, the date it was decided to create the system, why it was created, who set it up, and when it became operational.

2. During your October 22, 2015 appearance before the U.S. House of Representatives Select Committee on Benghazi, you testified that 90 to 95 percent of your emails “were in the State’s system” and “if they wanted to see them, they would certainly have been able to do so.” Identify the basis for this statement, including all facts on which you relied in support of the statement, how and when you became aware of these facts, and, if you were made aware of these facts by or through another person, identify the person who made you aware of these facts.

The treatment of Mrs. Clinton flies in the face of equal justice under the law. As anyone who has ever held a security clearance knows, you have to sign a paper saying that you understand the rules for handling classified material and that you will follow them. I don’t know if Mrs. Clinton signed that paper. I do know that she chose not to follow the rules about handling classified material. There should be some penalty for that behavior.

In Areas Involving Security, The Government Needs To Function More Like A Business

Yesterday Fox News posted an article with the title, “Here’s why Hillary Clinton losing her security clearance matters for the rest of us.”

The article explains:

Hillary Clinton no longer has a security clearance. A letter released from the Department of State to Senator Chuck Grassley, a Republican from Iowa, says she lost her clearance on August 30 at her request. The State Department also withdrew security clearances from five people Clinton had previously requested clearances for, as she had designated them “researchers.” One was Cheryl Mills, who was once the deputy White House counsel for President Bill Clinton who defended him during his 1999 impeachment trial. The names of the others were redacted.

The mainstream media is treating the loss of these clearances as a move by Clinton to avoid a political snub by the Trump administration.

The article points out that Hillary Clinton should have lost her clearance when it was discovered that she had classified information on her private servers. Unfortunately, Hillary’s servers were not the only problem.

The article continues:

For instance, the group of House IT aides who made up what amounted to a spy ring didn’t even have to undergo background checks to get their insider positions—jobs that allowed them to see and copy all of the emails and more from the members of Congress they worked for.

Evidence shows that Imran Awan, the head of the group who was an IT aide working for Rep. Debbie Wasserman Schultz, a Democrat from Florida, was spying on congressmen and even congressional staffers. A current IT aide who wants his name kept out of print told me Awan even used his own email address as the Apple IDs when setting up staffer’s phones.

“The only reason I can think of for why Imran would do that is this would have given him the ability to see everything these staffers were doing,” said the House IT aide, a contracted employee who has more than a decade of experience working for congressmen.

This IT spying scandal, however, was covered up – as it only had to do with Democrats in Congress, the mainstream media apparently had no interest in pursuing the story.

But this lax security is not simply a political story. It puts every one of us in jeopardy. A congressman whose private emails or other data are in the hands of someone who can blackmail or otherwise influence them is a risk. For all of us. And without public pressure, it’s next to impossible to know whether Congress has tightened security to prevent this kind of spying from taking place.

There is a more recent incident:

Only weeks ago, a volunteer on the staff of a member of the U.S. House of Representatives, Jackson A. Cosko, was arrested after Capitol Police became aware the Wikipedia pages of three U.S. Senators had been edited to include restricted personal information without their knowledge or permission.

“On the night of Oct. 2, 2018, according to the affidavit,” says a Department of Justice press release, “a witness saw Cosko at a computer in the office of a U.S. Senator who had once employed him. The witness confronted Cosko, who left the office. An investigation led to Cosko’s arrest by the U.S. Capitol Police.”

If Cosko hadn’t posted the information, as he is alleged to have done, for political purposes (called “doxxing”) but had instead used it privately or even gave it or sold it to a news agency or a foreign government, he might never have been arrested. Or he might have gotten off just as Imran Awan and his associates did.

The article reminds us that private companies do a much better job of internet security:

What other employer allows former employees to access their networks? Companies commonly terminate employees email accounts and access before they even tell them they’ve been let go.

The government needs to learn the lesson that private companies have already learned.