Weighing The Facts

Yesterday I posted an article about the sentencing of General Michael Flynn. In the article I noted that there were some curious circumstances surrounding the interview in which General Flynn is accused of lying. Evidently I am not the only person concerned about those circumstances.

The American Thinker posted an article today about the judge who will be sentencing General Flynn.

The article reports:

Judge Emmet G. Sullivan, who is due to sentence General Michael Flynn next Tuesday, has thrown a wild card on the table, raising the possibility that a miscarriage of justice may finally be called out and the guilty plea coerced by Team Mueller thrown out.

Thanks to the sentencing memorandum filed by counsel for General Michael Flynn, we now see that the FBI used deception to ensnare him in a perjury trap.

Yesterday The Wall Street Journal posted an editorial titled, “The Flynn Entrapment.”

The editorial states:

Of Special Counsel Robert Mueller’s many targets, the most tragic may be former National Security Adviser Michael Flynn. The former three-star general pleaded guilty last year to a single count of lying to the FBI about conversations he had with Russia’s ambassador to the U.S. Now we learn from Mr. Flynn’s court filing to the sentencing judge that senior bureau officials acted in a way to set him up for the fall.

Not a rich man after decades in uniform, Mr. Flynn pleaded guilty to avoid bankruptcy and spare his son from becoming a legal target. Mr. Flynn’s filing doesn’t take issue with the description of his offense. But the “additional facts” the Flynn defense team flags for the court raise doubts about FBI conduct.

The Flynn filing describes government documents concerning the Jan. 24, 2017 meeting with two FBI agents when Mr. Flynn supposedly lied. It turns out the meeting was set up by then Deputy FBI Director Andrew McCabe, who personally called Mr. Flynn that day on other business—to discuss an FBI training session. By Mr. McCabe’s account, on that call he told Mr. Flynn he “felt that we needed to have two of our agents sit down” with him to talk about his Russia communications.

There is another clue in The American Thinker article as to why the Judge is asking questions:

Chuck Ross reports for the Daily Caller News Foundation on Judge Sullivan’s startling order:

District Court Judge Emmet G. Sullivan on Wednesday ordered Flynn’s lawyers to hand over two documents: a memo that then-FBI Deputy Director Andrew McCabe wrote after speaking with Flynn ahead his Jan. 24, 2017 interview with two FBI agents and the FBI summary of notes taken during that same interview.

That summary, known as an FD-302, was compiled on Aug. 22, 2017 by the two FBI agents who interviewed Flynn. It is unclear why the summary was put together seven months after the Flynn interview.

When you look at the actions of the FBI and Special Prosecutor Robert Mueller’s team, you find that in some cases civil rights were trampled (attorney-client privilege, having a lawyer present, being put in solitary confinement for crimes that did not warrant it, etc.). Hopefully the actions of Judge Sullivan will cause both the FBI Special Prosecutor Mueller to be more aware of the civil rights of all Americans.

A Tale Told By An Idiot, Full Of Sound And Fury, Signifying Nothing

I’m sure you recognize the above quote from Shakespeare’s Macbeth. It also pretty much describes the investigation carried out by Special Prosecutor Robert Mueller. What started out with many people convinced that Russia interfered in our election has now boiled down to the fact that President Trump paid some women he behaved badly with to keep quiet. Wow. Talk about a downward slide.

Mark Penn, who formerly served as an advisor to President Clinton, posted an article at The Hill yesterday which illustrates some of Robert Mueller’s mendacity.

The article reports:

I’m experiencing 1998 déjà vu as prosecutors once again work overtime to turn extramarital affairs and the efforts to keep them secret into impeachable high crimes and misdemeanors. Unable to get the witnesses to compose the stories they want, today’s prosecutors are discovering they can simply compose the crimes by manipulating the pleas of men desperate to protect their families.

The Michael Cohen sentencing memo took aim directly at both Cohen and President Donald Trump. It was used, unethically, to cast the president as directing a criminal conspiracy to make “secret and illegal” payments. Sentencing memos are not supposed to use secret grand jury info to point fingers at those who are not being sentenced, but that’s exactly what these did.

One can say today that these New York prosecutors, acolytes of fired U.S. District Attorney Preet Bharra, have learned that the “plea’s the thing wherein to catch the king.” First, they went after the man, not the crime, and turned up millions in unpaid taxes and some bank-loan misrepresentations by Cohen. At that point, they convinced him to cave for the sake of his family; the trick was to get him to plead guilty to supposedly two campaign finance “felonies,” and then vaguely implicate the president as directing them (which Trump denies).

Despite promises to the contrary from prosecutors, they threw their star witness off the bus anyway, making him the biggest chump in this drama after he hired attorney Lanny Davis and burned all his bridges with his former client. Once they had the guilty pleas in hand, the prosecutors no longer needed Cohen; they trashed him as a greedy liar and called for substantial jail time.

The reason these two guilty pleas were so valuable is that these prosecutors could not, in my opinion, have gotten them in court. The first payment was not even made by Cohen but by American Media Inc., a bona fide media company with First Amendment protections; it could have decided to use the story that it bought, hold the story, or just prevent some competitor from using the story.

The article cites the legal precedent for the fact that a payment to a mistress or a publication is not a campaign contribution:

Perhaps the biggest difference between oppo research and paying for nondisclosure of an affair is that one is definitely a campaign expense and the other is a personal expense not covered by election law. When prosecutors brought a similar case against former Sen. John Edwards (D-N.C.), they failed to get a conviction and it came out that FEC auditors had determined that the payments from donors to his mistress were not a campaign expense at all.

The article also points out that the typical remedy for a campaign finance violation is a fine–not indictment or impeachment. This charade is getting very old. Robert Mueller has been a man in search of a crime. He felt as if he already had the guilty party in his sights, he just needed to find the crime. Just for the record, that is not how the American justice system is supposed to work.

Theoretically The Same Rules Should Apply To Everyone

As Robert Mueller begins to wind down his investigation (hopefully), it is not unreasonable to expect some effort by conservative news sources to discredit his work. However, in view of the people he chose to do his investigating and some of the tactics used, some discrediting may be in order.

The Gateway Pundit posted an article today stating the following:

A new report by journalist Paul Sperry says conflicted Robert Mueller withheld evidence from the court that would exonerate President Trump from the latest accusations of Russian collusion during the 2016 election.

Mueller withheld information to the court that would exonerate President Trump.
Will Mueller be tossed in prison for lying?
Or do only Trump associates got to jail for lying to the court?

In an article posted at Real Clear Investigations, Paul Sperry reported the following:

Contrary to media speculation that Robert Mueller is closing in on President Trump, the special prosecutor’s plea deal with Trump’s personal lawyer Michael Cohen offers further evidence that the Trump campaign did not collude with Russians during the 2016 election, according to congressional investigators and former prosecutors.

Cohen pleaded guilty last week to making false statements in 2017 to the Senate intelligence committee about the Trump Organization’s failed efforts to build a Trump Tower in Moscow. Discussions about the so-called Moscow Project continued five months longer in 2016 than Cohen had initially stated under oath.

The nine-page charging document filed with the plea deal suggests that the special counsel is using the Moscow tower talks to connect Trump to Russia. But congressional investigators with House and Senate committees leading inquiries on the Russia question told RealClearInvestigations that it looks like Mueller withheld from the court details that would exonerate the president. They made this assessment in light of the charging document, known as a statement of “criminal information” (filed in lieu of an indictment when a defendant agrees to plead guilty); a fuller accounting of Cohen’s emails and text messages that Capitol Hill sources have seen; and the still-secret transcripts of closed-door testimony provided by a business associate of Cohen.

The article at Real Clear Investigations concludes:

Though Mueller has now, in his 18-month probe, nabbed several Trump associates for process crimes, such as making false statements, and other felonies, such as tax fraud, no evidence has surfaced in any of the cases indicating that Trump colluded with Russia to steal the 2016 election.

FBI agents raided Cohen’s office early this spring to seize evidence, and prosecutors have spent the last several months sifting through his emails, texts and phone and travel records, as well as audio recordings he allegedly made of conservations with Trump.

Notably absent from the criminal-information document is any corroboration of the highly inflammatory, though oft-cited allegation made in the so-called Steele dossier, funded by the Clinton campaign, that Cohen visited Prague to clandestinely meet with Kremlin officials in August 2016 to arrange “deniable cash payments to hackers who had worked in Europe under Kremlin direction against the Clinton campaign.”

Cohen has strenuously denied the allegation and offered his passport to show “I have never been to Prague in my life.”

The Mueller investigation is going to go down in history as one of the biggest financial boondoggles in American history. The really sad aspect of this is the unequal justice that is currently being applied. Hopefully that is about to change.

It’s Going To Be An Interesting Week

CNS News posted the following headline today, “Glenn Simpson, James Baker, and Nellie Ohr Scheduled to Testify This Week; Simpson Taking the 5th.” My, what an interesting combination of testimonies.

The article reports:

Glenn Simpson, the founder of Fusion GPS, will take the Fifth, refusing to testify, when he appears before the House Judiciary Committee on Tuesday.

Taking the Fifth does not necessarily mean that you are guilty of anything, but the article speculates on why Mr. Simpson might want to take the Fifth:

Simpson previously has testified before the House intelligence committee and two Senate committees. In response to a subpoena to testify on Tuesday, Simpson’s lawyers sent a letter to Judiciary Committee Chairman Rep. Bob Goodlatte, saying in part that the “inquiry is not designed to discover the truth.”

“The obvious — and at times explicitly stated — goal of this Committee is to discredit and otherwise damage witnesses to Russia’s interference in the 2016 election, all as part of an effort to protect a President who has sought to placate and curry favor with a hostile foreign power and who demands that the Justice Department stop investigating him,” said the letter obtained by various media outlets.

When the flak becomes thick, it means that you are getting close to the target. It is becoming obvious to almost everyone that the Special Prosecutor’s investigation is going nowhere because it was a political scheme to interfere with the Trump presidency. Now we are reaching a time when those responsible for the scheme may be held accountable.

The article further reports:

Deputy Attorney General Rod Rosenstein refused a request to appear last Thursday, prompting calls by some Republicans to subpoena him:

“He didn’t show up,” Rep. Jim Jordan (R-Ohio) said of Rosenstein. “Look, when you’re the guy who in reality is running the Justice Department, and the chairman of the committee that has jurisdiction over your agency asks you to come, you are obligated to come and you’re obligated to come and testify under oath. He didn’t do that.

“So if it takes a subpoena, that’s exactly what should happen. We need him to answer questions about all kinds of issues associated with the Trump-Russia investigation, but specifically the statement that it’s alleged that he said where he talked about actually recording the commander in chief of our great country and he talked about the 25th Amendment.

“That is specifically what I want to ask him about,” Jordan told “Sunday Morning Futures” with Maria Bartiromo.

Rosenstein has said he was joking when he suggested wearing a wire into the Oval Office with the goal of documenting the alleged dysfunction of the commander in chief.

But according to some press reports, three FBI officials — Andrew McCabe, Lisa Page, and James Baker — did not take Rosenstein’s words as a joke, believing him to be serious about wiretapping the president in the wake of James Comey’s firing.

It’s interesting that Rod Rosenstein wrote the letter that recommended Comey’s firing.

The article highlights some of the history of the Russian collusion investigation:

Deputy Attorney General Rod Rosenstein refused a request to appear last Thursday, prompting calls by some Republicans to subpoena him:

“He didn’t show up,” Rep. Jim Jordan (R-Ohio) said of Rosenstein. “Look, when you’re the guy who in reality is running the Justice Department, and the chairman of the committee that has jurisdiction over your agency asks you to come, you are obligated to come and you’re obligated to come and testify under oath. He didn’t do that.

“So if it takes a subpoena, that’s exactly what should happen. We need him to answer questions about all kinds of issues associated with the Trump-Russia investigation, but specifically the statement that it’s alleged that he said where he talked about actually recording the commander in chief of our great country and he talked about the 25th Amendment.

“That is specifically what I want to ask him about,” Jordan told “Sunday Morning Futures” with Maria Bartiromo.

Rosenstein has said he was joking when he suggested wearing a wire into the Oval Office with the goal of documenting the alleged dysfunction of the commander in chief.

But according to some press reports, three FBI officials — Andrew McCabe, Lisa Page, and James Baker — did not take Rosenstein’s words as a joke, believing him to be serious about wiretapping the president in the wake of James Comey’s firing.

Hopefully anyone involved in plotting against a duly-elected President will pay a high price for their actions.

When Did The FBI Become Political?

This article is based on two articles–one at The Conservative Treehouse and one at The Hill.

The Conservative Treehouse article reports:

The DOJ-NSD and FBI are holding a press conference today at 9:30am.  The topic is unknown, but the timing coincides with a document production subpoena from the House Judiciary Committee for McCabe Memos, the “Woods File” supporting the Carter Page FISA application, and Gang-of-Eight documents on the Russia investigation.

In related news, former FBI chief legal counsel, James Baker, delivered testimony to the Joint House Committee yesterday in the ongoing investigation of corrupt FISA processes and “spy-gate”.   Fox News and The Hill both have reports.

The Hill reports:

Congressional investigators have confirmed that a top FBI official met with Democratic Party lawyers to talk about allegations of Donald Trump-Russia collusion weeks before the 2016 election, and before the bureau secured a search warrant targeting Trump’s campaign.

Former FBI general counsel James Baker met during the 2016 season with at least one attorney from Perkins Coie, the Democratic National Committee’s private law firm.

That’s the firm used by the DNC and Hillary Clinton’s campaign to secretly pay research firm Fusion GPS and Christopher Steele, a former British intelligence operative, to compile a dossier of uncorroborated raw intelligence alleging Trump and Moscow were colluding to hijack the presidential election.

The dossier, though mostly unverified, was then used by the FBI as the main evidence seeking a Foreign Intelligence Surveillance Act (FISA) warrant targeting the Trump campaign in the final days of the campaign.

The revelation was confirmed both in contemporaneous evidence and testimony secured by a joint investigation by Republicans on the House Judiciary and Government Oversight committees, my source tells me.

It means the FBI had good reason to suspect the dossier was connected to the DNC’s main law firm and was the product of a Democratic opposition-research effort to defeat Trump — yet failed to disclose that information to the FISA court in October 2016, when the bureau applied for a FISA warrant to surveil Trump campaign adviser Carter Page.

“This is a bombshell that unequivocally shows the real collusion was between the FBI and Donald Trump’s opposition — the DNC, Hillary and a Trump-hating British intel officer — to hijack the election, rather than some conspiracy between Putin and Trump,” a knowledgeable source told me.

Here you have the smoking gun in the Russian investigation. Unfortunately it is a smoking gun that Robert Mueller has chosen to ignore. That alone should give all of us pause. What in the world is Mueller investigating? (Or what in the world is Mueller avoiding investigating?)

The Hill further reports:

The growing body of evidence that the FBI used mostly politically-motivated, unverified intelligence from an opponent to justify spying on the GOP nominee’s campaign — just weeks before Election Day — has prompted a growing number of Republicans to ask President Trump to declassify the rest of the FBI’s main documents in the Russia collusion case.

House Speaker Paul Ryan (R-Wis.), House Freedom Caucus leaders Mark Meadows (R-N.C.) and Jim Jordan (R-Ohio), House Intelligence Committee Chairman Devin Nunes (R-Calif.), veteran investigator Rep. Trey Gowdy (R-S.C.) and many others have urged the president to act on declassification even as FBI and Justice Department have tried to persuade the president to keep documents secret.

Ryan has said he believes the declassification will uncover potential FBI abuses of the FISA process. Jordan said he believes there is strong evidence the bureau misled the FISA court. Nunes has said the FBI intentionally hid exculpatory evidence from the judges.

And Meadows told The Hill’s new morning television show, Rising, on Wednesday that there is evidence the FBI had sources secretly record members of the Trump campaign.

“There’s a strong suggestion that confidential human sources actually taped members within the Trump campaign,” Meadows told Hill.TV hosts Krystal Ball and Ned Ryun.

I can assure you that if those responsible for the illegal spying on the opposition campaign are not brought to justice, this will happen again in the future. In the Watergate Scandal, people went to jail. In the Russiagate Scandal, people should also go to jail. Oddly enough, it seems as if the people the Special Prosecutor is investigating are not the ones who should go to jail.

The Real Question

Legend has it that Green Bay Packers coach Vince Lombardi would begin every spring practice with the words, “Gentlemen, this is a football.” Those words were said to newcomers who had never played pro football and seasoned veterans, but they were uttered every year. He always took the time to remind his players of the basics of the game.

There is an article posted at The National Review today written by Andrew McCarthy that also seeks to remind us of some basic principles of law. The title of the article is “Mr. Rosenstein, What Is the Crime?” That is the question.

The article reports:

For precisely what federal crimes is the president of the United States under investigation by a special counsel appointed by the Justice Department?

It is intolerable that, after more than two years of digging — the 16-month Mueller probe having been preceded by the blatantly suspect labors of the Obama Justice Department and FBI — we still do not have an answer to that simple question.

Deputy Attorney General Rod Rosenstein owes us an answer.

To my mind, he has owed us an answer from the beginning, meaning when he appointed Special Counsel Robert Mueller on May 17, 2017. The regulations under which he made the appointment require (a) a factual basis for believing that a federal crime worthy of investigation or prosecution has been committed; (b) a conflict of interest so significant that the Justice Department is unable to investigate this suspected crime in the normal course; and (c) an articulation of the factual basis for the criminal investigation — i.e., the investigation of specified federal crimes — which shapes the boundaries of the special counsel’s jurisdiction.

This last provision is designed to prevent a special counsel’s investigation from becoming a fishing expedition — or what President Trump calls a “witch hunt,” what DAG Rosenstein more diplomatically disclaims as an “unguided missile,” and what Harvard’s Alan Dershowitz, invoking Lavrentiy Beria, Stalin’s secret-police chief, pans as the warped dictum, “Show me the man and I’ll show you the crime.” In our country, the crime triggers the assignment of a prosecutor, not the other way around.

I would strongly suggest that you follow the link to read the entire article. Andrew McCarthy presents a very strong legal argument as to why the Mueller investigation is not in compliance with the statute for a special prosecutor. Unfortunately the Mueller investigation has become a vehicle to ruin anyone financially that might have had even a tangential relationship with either the Trump campaign or the Trump presidency. Notice that nothing anyone has been charged with has any relationship with a conspiracy with Russia or election tampering. The only things that have been uncovered show the use of government agencies to spy on a political opponent in order to sway an election, and those things have been ignored by Mueller.

The article concludes:

So what are the suspected crimes committed by Donald Trump that Mueller has been authorized to investigate, and what was the factual basis for Rosenstein’s authorization of this investigation?

We still haven’t been told.

The anti-Trump Left decries all criticism as an effort to “delegitimize” and “obstruct” the Mueller investigation. But no one is questioning the investigation of Russia’s interference in the election. We are questioning why a special counsel was appointed to investigate the president of the United States. It is the Justice Department’s obligation to establish the legitimacy of the appointment by explaining the factual basis for believing a crime was committed. If there is no such basis, then it is Mueller’s investigation that is delegitimizing the presidency and obstructing its ability to carry out its constitutional mission — a mission that is far more significant than any prosecutor’s case.

We’re not asking for much. After 16 months, we are just asking why there is a criminal investigation of the president. If Rod Rosenstein would just explain what the regs call for him to explain — namely, the basis to believe that Donald Trump conspired with the Kremlin to violate a specific federal criminal law, or is somehow criminally complicit in the Kremlin’s election sabotage — then we can all get behind Robert Mueller’s investigation.

But what is the explanation? And why isn’t the Republican-controlled Congress demanding it?

The Mueller investigation is an example of the deep state trying to protect itself. That is what Bob Woodward’s book is about and that is what The New York Times editorial is about. Unfortunately there are both Republicans and Democrats in the deep state. Until we elect people who love America more than they love money and prestige, the deep state will remain.

Exactly What Is A Soft Coup

The following video was posted at YouTube on August 21:

The video is 37 minutes long, so in case you don’t want to watch it, here are some of the highlights (courtesy of Zerohedge):

It all started from the fake dossier which led eventually to the appointment of Robert Mueller (Special Prosecutor) and the entire foundation is based on a falsity. . . . I understand the next revocation of security clearance is probably going to be Bruce Ohr because he crafted the fake dossier with Christopher Steele, and he may even have written the thing…

After the FBI supposedly fired Christopher Steele, Bruce Ohr had at least 70 communications (with Steele) back and forth talking about the ‘firewall’ is still there to protect us. Recent accounts show that Bruce Ohr either wrote the dossier with Christopher Steele or he wrote it himself in communication with Christopher Steele.” –Kevin Shipp

“Yes. Oh, they coordinated it for sure. There are 70 emails back and forth between Ohr and Steele crafting the dossier. So, the FBI and Department of Justice were intimately involved with the creation and publication of that dossier.”

“They even went further than that. The FBI and CIA counter-intelligence even placed an agent inside the Trump campaign.” -Kevin Shipp

…Shipp concluded that a Civil War in the making right now. “I think we are at the beginning of a civil war. You’ve got the ‘Dark Left’ and you’ve got the Conservative people, the Constitutionalists. In progressivism, one of its tenets is to change the Constitution, especially the First Amendment, and uproot traditional America. Whatever happens in November is going to intensify that. . . . Their attack is against Christians and the Constitution.”

Is it possible to drain the swamp?

When You Begin To Peel An Onion, It Smells

As Congress and some of the press begin to peel back the layers of scandal surrounding the government surveillance and investigation into the Trump campaign, it is truly starting to smell like corrupt government agencies. The more we know, the worse it smells.

The Daily Caller posted an article yesterday about some events that occurred before the appointment of a Special Prosecutor. There was definitely a strategy among those who wanted to undo the 2016 presidential election.

The article reports:

Justice Department documents released on Friday confirm that the DOJ attorney known as Robert Mueller’s “pit bull” arranged a meeting with journalists in April 2017 to discuss an investigation into Paul Manafort.

The documents show that Andrew Weissmann arranged a meeting with DOJ and FBI officials and four Associated Press reporters on April 11, 2017, just over a month before Mueller was appointed special counsel.

Manafort’s lawyers obtained the documents on June 29 and revealed them in a briefing filed in federal court in Virginia. The attorneys are pushing for a hearing into what they say are possible leaks of secret grand jury information, false information and potentially classified materials from the meeting.

“The meeting raises serious concerns about whether a violation of grand jury secrecy occurred,” a lawyer for Manafort, Kevin Downing, wrote in a motion requesting a hearing. “Based on the FBI’s own notes of the meeting, it is beyond question that a hearing is warranted.”

The article continues:

The existence of meeting between AP reporters and DOJ officials was first reported in January. The government confirmed it for the first time in a pre-trial hearing held on June 29.

In the hearing, FBI Special Agent Jeffrey Pfeiffer said that the FBI may have conducted a May 2017 raid of a storage locker that Manafort was renting based on a tip from AP reporters. He also said that the purpose of the meeting was for the DOJ and FBI to obtain information from The AP.

Manafort is set to go to trial on July 25 for a slew of money laundering and bank fraud charges related to his consulting work for a Ukrainian politician years before joining the Trump campaign.

Friday’s court filing includes two reports about the April 11, 2017 meeting: one written by Pfeiffer and another written by Supervisory Special Agent Karen Greenaway.

“The meeting was arranged by Andrew Weissmann,” Greenaway wrote in her report, for the first time establishing that Weissmann took part in the meeting.

Greenaway also said that Weissmann provided guidance to the reporters for their investigation. According to Greenaway, Weissmann suggested that the reporters ask the Cypriot Anti-Money Laundering Authority, a Cypriot government agency, if it had provided the Department of Treasury with all of the documents they were legally authorized to provide regarding Manafort.

The AP journalists, Chad Day, Ted Bridis, Jack Gillum and Eric Tucker, were conducting an extensive investigation of Manafort, including payments he received through various shell companies set up in Cyprus.

There are a few things to remember here. Paul Manafort may or may not have committed crimes, but the accusations have to do with events years before he joined the Trump campaign. This is totally out of the jurisdiction of the Special Prosecutor. Meanwhile, Paul Manafort is being held in solitary confinement in a Virginia prison cell for 23 hours a day because correctional officials “cannot otherwise guarantee his safety.” Does anyone actually believe this is in accordance with Mr. Manafort’s constitutional rights?

The article also reports:

DOJ officials provided other guidance to the reporters, according to Greenaway’s report. She noted that when the journalists asked DOJ officials to tell them if they were off base in their findings about Manafort, “government attendees confirmed that the AP reporters appeared to have a good understanding of Manafort’s business dealings in Ukraine.”

Downing said that the special counsel’s office has previously confirmed that at the time of the meeting with the AP reporters, “there was an ongoing grand jury investigation of Mr. Manafort in the Eastern District of Virginia.”

In addition to Weissmann, Pfeiffer and Greenaway, Justice Department officials George Mceachern, Ann Brickley and Ariel Shreve attended the meeting.

It is time for Congress to put a stop to this charade. The only solution to this corruption is to change all the documents related to this investigation that were previously classified to unclassified and let the American people see what has gone on. That is the only way the credibility of the FBI and DOJ will recover.

 

Why A Federal Judge Is Questioning Mueller’s Actions

I am not a lawyer. Please understand that I do not fully understand all of the nuances of what I am about to write. The Conservative Treehouse posted an article today about some of the legal irregularities in the investigation being done by Special Prosecutor Robert Mueller.

The article reports:

Today U.S. District Judge T.S. Ellis III appears to have caught on to an explosive issue CTH noted yesterday.  In building the case against Paul Manafort, special counsel Robert Mueller’s team used the pre-existing FISA Title-1 warrant that was originally applied to U.S. person Carter Page and the Trump campaign.

Under normal criminal investigation any search warrant or surveillance warrant would normally proceed through U.S. courts, under Title-3, where the Mueller team would need to show probable cause for a warrant.  However, by using the Title-1 warrant from the FBI counterintelligence operation, as extended by AAG Rod Rosenstein, Robert Mueller was able to use far more intrusive and unchecked searches and seizures for his criminal probe.

In essence, Mueller’s investigation is using methods that are not within the bounds of the law.

The article details the events in the courtroom:

“You don’t really care about Mr. Manafort,” U.S. District Judge T.S. Ellis III told Mueller’s team. “You really care about what information Mr. Manafort can give you to lead you to Mr. Trump and an impeachment, or whatever.”

Further, Ellis demanded to see the unredacted “scope memo,” a document outlining the scope of the special counsel’s Russia probe that congressional Republicans have also sought. […] The Reagan-appointed judge asked Mueller’s team where they got the authority to indict Manafort on alleged crimes dating as far back as 2005.

The special counsel argues that Deputy Attorney General Rod Rosenstein granted them broad authority in his May 2, 2017 letter appointing Mueller to this investigation. But after the revelation that the team is using information from the earlier DOJ probe, Ellis said that information did not “arise” out of the special counsel probe – and therefore may not be within the scope of that investigation.

“We don’t want anyone with unfettered power,” he said.

Mueller’s team says its authorities are laid out in documents including the August 2017 scope memo – and that some powers are actually secret because they involve ongoing investigations and national security matters that cannot be publicly disclosed.

Ellis seemed amused and not persuaded.

He summed up the argument of the Special Counsel’s Office as, “We said this was what [the] investigation was about, but we are not bound by it and we were lying.”

He referenced the common exclamation from NFL announcers, saying: “C’mon man!” 

I understand the concept of a Special Prosecutor, but I feel like the office has been totally abused when it is called into play. It is time for Robert Mueller to write a summary of what he has found regarding Russian collusion during the election and shut the investigation down. He might also want to take a look at the collusion with Russia regarding the GPS Fusion documents, but somehow he seems to have overlooked those.

Now This Is Finally Starting To Make Sense

The Conservative Treehouse posted an article today that explains a lot about the Mueller investigation and the timing of various events in that investigation. It also explains where the team of partisan investigators was chosen. I am going to attempt to summarize the article, but I strongly suggest that you follow the link above and read the entire article.

The article includes a previously unknown letter from Asst. Attorney General Rod Rosenstein to Robert Mueller outlining the specific authority of his investigative appointment. The letter is dated August 2, 2017.

The article asks several questions about the letter:

  • Question #1) Why did Asst. Attorney General Rod Rosenstein deliver a non-public outline of investigative authority to Mueller on August 2nd, 2017?
  • Question #2) Why would Robert Mueller be seeking a signed more specific outline of his investigative authority on August 2nd, 2017; a full three months after he was assigned the role of Special Counsel?
  • Question #3) Why would Robert Mueller need to redact the content of an official outline of his investigative instructions from the Asst. Attorney General?

The article also includes the original May 17th, 2017, Press Release announcing the appointment of a Special Prosecutor.

The article states:

So there we have the three areas of direct authority:  ¹Links or coordination between the Russian Government and the campaign of Donald Trump.  ²Matters that may arise from the investigation of the Russian government and the campaign of Donald Trump. And ³other matters within the scope of 28 C.F.R. § 600.4(a). [<- ie. ‘Jurisdiction‘]

So there’s the instructions to Robert Mueller and his team on May 17th, 2017.

The article explains where the Special Prosecutor’s team came from:

Now, as we previously discussed: “Robert Mueller didn’t necessarily appoint or select a team of lawyers and investigators…. the previously assembled team of lawyers and investigators selected him.”  The key player in that assembly was FBI Chief-Legal-Counsel and personal confidant to Robert Mueller, James Baker. (pictured right)

Remember, the “small group”, career officials inside the DOJ and FBI needed to continue their group effort after the election.  Therefore they needed to stay assembled as a group; they needed to stay on task, to facilitate the original intent of their association.  The Special Counsel was merely a way, an approach, a tool for this specific team to continue their efforts after the 2016 presidential election, nothing more – nothing less.

The team already existed. The objectives already existed. The only thing they needed was a willfully-blind leader and an excuse to continue their ideological efforts. Robert Mueller became their selected willfully-blind leader because the small group already knew him and they knew they could manipulate/use him.

Their ideological association is why the same people behind Phase 1 (Clinton Exoneration ’15, ’16), and Phase 2 (opposition research, counterintelligence and surveillance against Trump ’15, ’16, ’17), became the same people in Phase 3, the post-election vast Russian-Trump Collusion Conspiracy; also known as “The Insurance Policy”.  In many ways Phase 3 was/is more of a continued opposition research endeavor, part of the “resistance” per se, with a good dose of self-preservation binding them all together.

The article concludes:

Because Mueller’s team, the small group of political officials and lawyers, know all of these people inside the DOJ apparatus.  These are their peers, their comrades in ideology… this is their crew and social circle.  The last thing their legal endeavors need is to be put in a position of intel or information about their brethren.

And for Team-Leader Robert Mueller, against the back-drop of this information; and with IG Horowitz giving him details about Page/Strzok messages; there’s a strong motive to ask for a signed letter from Rosenstein prior to continuing to investigate the President of the United States knowing President Donald Trump was also a target of this plan – and these details were going to surface at some point.

Lastly, and specifically about Rod Rosenstein, perhaps at a certain point in the spring and early summer 2017 he might have thought there was a substantive way for the assembly to carry out their plan.  Perhaps he even believed the popular leftist narrative and thought there might be something to these ‘Trump-Russia-Collusion’ claims.  Perhaps that’s why he directed the Muller investigative mandate in May 2017 to the exclusivity of President Donald Trump with no mention of any other campaign (Hillary Clinton) contact with Russian entities.

However, by August 2017 with full information coming from IG Horowitz about the likelihood of criminal conduct by FBI and DOJ officials; at the time Rosenstein wrote the more carefully detailed outline; he had to know the investigation into Trump was heading no-where.

This is the best explanation of what the ‘deep state’ does that I have seen. It puts clarity on the ‘meeting in Andy’s office to discuss the insurance policy.’ What we have here is an illustration of exactly how that insurance policy has worked and continues to work.

It Really Is Time To End This

Yesterday The Conservative Treehouse posted an article about the latest maneuver by Special Prosecutor Robert Mueller. Their legal maneuvers are not illegal, but they are not really what this particular investigation is about.

The article reports:

Nothing about this has any relationship to President Trump; however, the DOJ cronies under Special Counsel Robert Mueller, Greg Andres and Andrew Weissmann, made a slick move today by unsealing indictments in Virginia against Paul Manafort opening up two legal fronts in an effort to wear down Manafort’s financial ability to defend his interests.

The maneuver comes after Team Mueller lost DC District Judge Contreras, who was replaced by a far more critical Emmet Sullivan, and who is forcing Mueller’s team to show all exculpatory evidence (Flynn case). The new indictments against Manafort were not in DC where they filed the first set but in Northern Virginia District Court.

If the new indictments were filed in DC it is likely they would have been consolidated under the current judge. Filing in Virginia makes Manafort fight in 2 separate courts. We’ll have to wait and see if Mueller moves to have the entire case transferred to Northern Virginia or if Mueller drops the initial DC case. Of course Manafort can, likely will, petition the court to move both cases against him into the DC circuit.

This is all about convincing Paul Manafort to testify that there was collusion between Russia and the Trump campaign–it doesn’t matter that there is no evidence of any collusion of that there was no collusion, if Mueller can get Manafort to testify that there was collusion, then there is a witness to collusion. This case has wandered so far from what was supposed to be investigated it is ridiculous. Hopefully Congress will develop the backbone to put a stop to this charade soon. It is costing American taxpayers endless money and doing nothing but further divide the country. I guess that means the Russians have succeeded in creating the chaos they intended to create.

The Special Prosecutor Indicts…

Special Prosecutor Robert Mueller has indicted Paul Manafort and Rick Gates according to The Gateway Pundit. As stated in the article below this one, Special Prosecutors indict people. It’s what they do. They indict people for anything they can find whether or not it is related to whatever they are supposed to be investigating.

The article reports:

Dirty Cop Robert Mueller’s Special Counsel indicted former Trump campaign manager with 32 bank fraud charges.
The charges were based on his business ventures from 2006 through 2013 and one from 2015.

The indictment is here.

The Special Counsel of liberal partisans is out to destroy this man.

What in the world does this have to do with Russian collusion in the 2016 election or with President Trump?

The following tweet from Mike Cernovich sums up the situation:

When It Hits The Fan, Who Do You Throw Under The Bus?

The investigation into the unlawful surveillance on the Trump campaign and transition team is beginning to uncover the things the deep state did to keep Donald Trump from becoming President and to hinder his presidency after he was elected. Other Clinton scandals have also surfaced—Uranium One, relief to Haiti, the Clinton Foundation and pay-to-play, etc. So what is the logical conclusion to all of this investigating?

Tuesday night I had the chance to hear a conservative speaker who belongs to a watchdog group speak about the deep state. At the end of his presentation, a person in the audience asked him if he thought anyone involved in the deep state efforts against Donald Trump would ever go to jail. He said he didn’t think so. The person then asked if there are no consequences for illegal deep state activity, how do we end such activity. The speaker then reminded us that the purpose of the deep state was to prevent Donald Trump from becoming President and to remove him from office if he did become President. The speaker stated that he felt that if those efforts failed, it would discourage those in the deep state from trying this again. I really did not like that answer. Frankly, I would like to see some people go to jail, but I am not sure I am being realistic.

The history of Special Prosecutors is that someone goes to jail. The person who goes to jail does not have to be someone directly involved in whatever initial crime was involved, but can be someone tangentially related to whatever is being investigated.

In Watergate, this is the tally:

  • H.R. Haldeman and John Erlichman (White House staff), resigned 30 April 1973, subsequently jailed
  • John Dean (White House legal counsel), sacked 30 April 1973, subsequently jailed
  • John Mitchell, Attorney-General and Chairman of the Committee to Re-elect the President (CREEP), jailed
  • Howard Hunt and G. Gordon Liddy (ex-White House staff), planned the Watergate break-in, both jailed
  • Charles Colson, special counsel to the President, jailed
  • James McCord (Security Director of CREEP), jailed

 

In Whitewater, these are the convictions:

The Clintons were never charged with any crime. Fifteen other persons were convicted of more than 40 crimes, including Jim Guy Tucker, who was removed from office.

As you can see, Special Prosecutors tend to send people to jail. It will be interesting to see if things have changed.

So, if someone is to be thrown under the bus for spy gate, Uranium One gate, or the other scandals involving the Obama Administration and the Clintons, who will it be? It needs to be someone considered unlikely to turn state’s evidence—someone who will limit the damage to President Obama and Hillary Clinton. If the Clinton’s follow their past pattern, it will be someone who will be appreciative of financial support for their family magically appearing while they are in jail.

Stay tuned.

 

Putting 2017 In Perspective

Victor Davis Hanson posted an article today at a website called American Greatness. It is an amazing article in that it lists all the activities of the anti-Trump people during President Trump’s first year in office. The article is appropriately named, “From Conspiracy Theories to Conspiracies.” As you read the article (I strongly suggest that you follow the link and read the entire article–my summary cannot do it justice), remember that the opposition to candidate (and later President) Trump came from Democrats and some Republicans.

My favorite part of the article states:

What better way to derail a presidency would there be than to allow a blank-check special counsel to search out alleged criminal activity on the part of the president? We have seen FBI Director James Comey confess that he deliberately leaked, likely illegally, confidential notes of a meeting with president Trump to the media, with the expressed intent of creating a “scandal” requiring a “special counsel”—a gambit that worked to perfection when Comey’s close friend, former FBI Director Robert Mueller was appointed.

To facilitate those efforts, the counsel would appoint to his team several attorneys who despised the very target of their investigation. In fact, many special investigators have given generously to the campaign of Trump’s past political opponent Hillary Clinton and in at least one case had worked previously for the Clinton Foundation. Note that after nearly a year, the Mueller investigation has not indicted anyone on collusion charges and is unlikely to. Rather, in special counsel trademark, low-bar fashion, it is seeking to indict and convict suspects for not telling the whole truth during interrogations, or violating other statutes. As Peter Strzok—once one of the FBI’s lead investigators in the Mueller investigation—concluded of the “collusion” allegation to his mistress Lisa Page: there was “no big there there.”

The FBI itself would have earlier trafficked in a fraudulent document funded by the Clinton campaign to “prove” Trump and his team were such dangers to the republic that they required surveillance under FISA court warrants and thus should surrender their constitutional rights of privacy. The ensuing surveillance, then, would be widely disseminated among Obama Administration officials, with the likely intent that names would be unmasked and leaked to the anti-Trump press—again, in efforts to discredit, first, the Trump campaign, and later the Trump transition and presidency. A top official of the prior Department of Justice would personally consult the authors of the smear dossier in efforts to ensure that its contents would become useful and known.

It is totally scary that this has happened.

The article concludes:

Subversion as Plain as Day
Key officials of the prior government would likewise weigh in constantly to oppose the subsequent Trump agenda and demonize their own president. Samantha Power, Susan Rice, and Ben Rhodes would warn the country of the threats posed by their successor, but fail to disclose that they had previously requested to view FISA surveillance of the Trump team and to unmask the names of U.S. citizens which predictably soon appeared in media reports. Former Secretary of State John Kerry, according to the Jerusalem Post, assured a prominent Palestinian government leader, “that he should stay strong in his spirit and play for time, that he will not break and will not yield to President Trump’s demands.” Kerry reportedly further assured the Palestinian representative that the president may not be in White House for much longer and would likely not complete his first term. In sum, the former American secretary of state all but advised a foreign government that his own president is illegitimate and thus to be ignored or resisted in the remaining time before he is removed.

If any of these efforts were undertaken in 2009 to subvert the presidency of Barack Obama popular outrage might well have led to criminal indictments. If Hollywood grandees had promised to do to Barack Obama what they boast doing to Donald Trump, the entire industry would have been discredited—or given the Obama investigatory treatment.

Indeed, in many cases between 2009-2017, U.S. citizens the Obama Administration found noncompliant with its agendas became targets of the IRS for their political activity or monitored by the Justice Department. The latter included reporters from the Associated Press and James Rosen of Fox News. Many a journalist’s sources were prosecuted under the Espionage Act of 1917.  In another case, a filmmaker had his parole revoked and was scapegoated and jailed to advance a false administration narrative about the death of four Americans in Benghazi. Still others were surveilled by using fraudulent documents to obtain FISA court orders.

Everyone should be keen to distinguish conspiracies from conspiracy theories. The above are real events, not the tales told by the paranoid.

In contrast, unhinged conspiracy theorists, for example, might obsess yet again over the machinations of multibillionaire and leftist globalist bogeyman George Soros, and float wild yarns that he would fly to Davos to assure the global elite that he considers Trump “a danger to the world,” while reassuring them that the American president was “a purely temporary phenomenon that will disappear in 2020—or even sooner.” . . . 

It is becoming very obvious that some of the people in high government positions belong in jail. The question is whether or not they will go there. If equal justice under the law is truly one of our founding principles, it needs to be practiced at all times–regardless of the political consequence.

The Most Important Question In The Investigation By The Special Prosecutor

The charges against Michael Flynn are based on the difference between how he described a telephone conversation and the written transcripts the FBI had of that conversation. The most important question is, “Why was his name unmasked in the transcript of that conversation?” That question is now being asked by Congress, and the FBI and the DOJ are refusing to answer it. Since Congress is charged with oversight of these government agencies, this is the making of a constitutional crisis.

Yesterday CNS News posted a story which details some of the problems with the ongoing investigation by the Special Prosecutor.

The article reports:

Two simple questions: How did the FBI’s Russia investigation start? And was it started because the Trump “dossier” was presented to somebody at the FBI?

Rep. Ron DeSantis (R-Fla.) asked FBI director Christopher Wray those questions at a hearing of the House Judiciary Committee on Thursday, but he got no answers:

This is a portion of the questioning of the Director:

Wray answered, “I’m not aware of who started the investigation within the FBI.”

DeSantis followed up: “Was it started because the dossier was presented to somebody in the FBI?”

“I don’t have the answer to that question,” Wray said.

DeSantis asked Wray if he could get back to the committee with the answer:

“Well, if there’s information that we can provide that — without compromising the ongoing special counsel investigation, I’m happy to see what there is that we can do to be responsive,” Wray said.

Any bets on whether or not that question will ever be answered?

The article continues with questioning by Jim Jordan (R-Ohio):

Jordan questioned why someone like Strzok would be selected for Mueller’s team — and why he’d be kicked off it:

“If you kicked everybody off Mueller’s team who was anti-Trump, I don’t think there’d be anybody left,” Jordan said. “There’s got to be something more here. It can’t just be some text messages that show a pro-Clinton, anti-Trump bias. There’s got to be something more. And I’m trying to figure out what it is,” Jordan said.

“But my hunch is it has something to do with the dossier. Director, did Peter Strzok help produce and present the application to the FISA court to secure a warrant to spy on Americans associated with the Trump campaign?”

Wray refused to discuss anything having to do with the FISA process in an open setting.

“We’re not talking about what happened in the court,” Jordan said. “We’re talking about what the FBI took to the court, the application. Did Peter Strzok — was he involved in taking that to the court?”

Wray again refused to discuss it.

There is a house of cards here. The dossier was a piece of opposition research paid for by the Clinton campaign. It has never been proven true. To use it as an excuse for surveillance and later to drum up support for a special prosecutor is to base an investigation on a fictitious political document and to use government agencies for political purposes. That shouldn’t happen in a representative republic–that is the kind of thing that goes on in a banana republic.

The Double Standard Shown In One Video

The following video was posted at One America News yesterday:

It is time to shut down the Mueller investigation–aside from the fact that all the investigators are partisans, the standards used are totally inconsistent with past investigations of Democrats. Equal justice under the law is not part of the Mueller investigation. The investigation truly is a partisan witch hunt.

When A Simple Investigation Turns Into A Witch Hunt

I have previously posted articles about the bias that seems to be part of Special Prosecutor Robert Mueller‘s investigation into Russian interference into the 2016 presidential election. (You can locate these articles using the search engine at the top of the blog to locate articles about Robert Mueller.)  The list of people he hired and the strong-arm tactics used against Paul Manafort are an indication that he had decided on the verdict before he conducted the investigation–much like his friend James Comey and the investigation into Hillary Clinton‘s emails. Well, this endless and wandering investigation may be called on to provide some accountability.

Yesterday The Gateway Pundit reported that nineteen Republican Congressmen have called for hearings on Robert Mueller’s investigation. It is definitely about time.

Following is the letter they sent:

Special Prosecutors need a deadline, a specific investigation subject, and a budget. The abuses connected with special prosecutors are numerous. If Congress is unwilling to terminate the position, they should at least limit it.

Taxpayer-Funded Political Opposition Research

Bloomberg News is reporting today that special prosecutor Robert Mueller will be expanding his investigation of President Trump to include all of President Trump’s business activities before he became President. This is ridiculous. It amounts to taxpayer-funded political opposition research.

The American Thinker posted an article in June which featured the following quote from John Eastman, law professor at Chapman University:

The special counsel will not to track down the details of a crime known to have been committed and determine “who dunnit,” but will scour the personal and business affairs of a select group of people – the President of the United States, members of his family, his business associates, and members of his presidential campaign and transition teams – to see if any crime can be found (or worse, manufactured by luring someone into making a conflicting statement at some point). This is not a proper use of prosecutorial power, but a “witch hunt,” as President Trump himself correctly observed. Or, to put it more in terms of legalese, this special prosecutor has effectively been given a “writ of assistance” and the power to exercise a “general warrant” against this select group of people, including the President of the United States, recently elected by a fairly wide margin of the electoral vote.

That is the very kind of thing our Fourth Amendment was adopted to prevent. Indeed, the issuance of general warrants and writs of assistance is quite arguably the spark that ignited America‘s war for independence.

This witch hunt is just wrong. Unless Robert Mueller and his staff are sent packing, we are in danger of losing our republic to a bunch of entrenched establishment bureaucrats who behave like spoiled brats when they lose an election to an outsider.