Tag Archives: discovery process

Now They Tell Us

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On Tuesday, Just the News posted an article about some recent discoveries regarding Dominion voting machines.

The article reports:

Dominion Voting Systems employees have acknowledged serious problems with the company’s technology, saying, for example, that a bug led to “INCORRECT results,” according to discovery cited in the defense brief in Dominion’s defamation lawsuit against Fox News.

Dominion is suing Fox News for $1.6 billion for defamation after becoming a target of alleged conspiracy theories regarding its voting machines being hacked and flipping election results.

In a legal brief made public Thursday, the news outlet cited information obtained from Dominion through discovery. 

In a 2018 email Fox News obtained from Dominion Director of Product Strategy and Security Eric Coomer, he acknowledged the company’s technology was marred by a “*critical* bug leading to INCORRECT results.”

“It does not get much worse than that,” he later added.

…In another 2019 email, Coomer wrote, “we don’t address our weaknesses effectively!”

Less than a week before the 2020 presidential election, Coomer conceded in an email that “our sh-t is just riddled with bugs.”

Mark Beckstrand, a Dominion Sales Manager, testified in a deposition that “other parties ‘have gotten ahold of [Dominion’s] equipment illicitly’ in the past,” according to the defense brief.

“Beckstrand,” the brief continues, “identified specific instances in Georgia and North Carolina and testified that a Dominion machine was ‘hacked’ in Michigan” and “confirmed that these security failures were ‘reported about in the news.'”

After the 2020 election, “a security expert told the media that Dominion ‘software should be designed to detect and prevent th[e] kind of glitch’ experienced in Antrim County, Michigan,” according to the defense, and “Coomer told Dominion Vice President Kay Stimson: ‘He’s not entirely wrong.'”

A conspiracy is only a conspiracy until it turns out to be true.

A New Low In American Justice

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Yesterday American Greatness posted an article about Timothy Hale-Cusanelli, an Army reservist arrested on January 15 for his involvement in the January 6 protest in Washington, D.C.

The article reports:

During a status hearing Friday afternoon for Timothy Hale-Cusanelli, an Army reservist arrested on January 15 for his involvement in the January 6 protest in Washington, D.C., an assistant U.S. attorney admitted the government will not meet its discovery obligations for all Capitol defendants until early 2022.

Kathyrn Fifield, the lead attorney representing the Justice Department, informed Judge Trevor McFadden that the “incalculable” volume of video collected by the government related to the Capitol breach investigation will prevent defendants and their lawyers from accessing the full body of evidence against them for several more months. “No system exists to wrap its arms around [all this evidence],” Fifield told McFadden. This includes at least 14,000 hours of surveillance video plus thousands of hours of body-worn camera footage from law enforcement.

Fifield resisted setting a 2021 trial date for Hale; McFadden and Jonathan Crisp, Hale’s court-appointed attorney, told the government last month that unless a plea arrangement was agreed upon, a trial would be set for later this year because Hale already has been incarcerated for more than six months. “If we do set a trial date, the government cannot meet discovery obligations until early 2022. That’s a conservative estimate,” Fifield said.

The article notes the strange handling of this case:

Despite the lack of evidence against him, Hale has been behind bars since January. He is not charged with any violent crimes but the Justice Department repeatedly—and successfully—has sought his pre-trial detention. (McFadden denied Hale’s release in March.) 

The article concludes:

On July 7, the D.C. Circuit Court denied Hale’s appeal seeking release.

McFadden scolded the government for its backwards process. “You would not arrest [someone] then gather evidence later. That’s not how this works.” When Fifield said full discovery is in the best interest of the defendant, McFadden shot back: “Freedom also is important to the defendant.” The Trump-appointed judge raised concerns over Sixth Amendment violations. “This does not feel what the Constitution [and] the Speedy Trial Act envisions.”

Despite the government’s confession that it is not prepared to make its case against Hale, McFadden set a trial date of November 9, 2021. (He did not release Hale, who has no criminal record, from prison.)

“No January Sixer should be made to suffer in a jail cell while the DOJ continues to delay discovery simply because it can,” one defense attorney told me by text this afternoon. “This is unprecedented, unreasonable, unconstitutional, and wrong.”

This is what a dictatorship detaining political prisoners looks like. Where are the people in Congress who swore an oath to defend the U.S. Constitution. This is a total violation of the Constitution they swore to defend, and most of Congress has been totally silent about the matter.

An Interesting Take on The Charges Against Michael Flynn

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I think most of us have wondered how the Mueller investigation convinced Michael Flynn to make a plea deal when the recently released notes from the investigation show that no one thought he was lying. Conventional wisdom says that the FBI threatened him with action against a family member and that he had been bankrupted by the entire escapade up to that point. Career military officers do not make enough money to pay for the kind of legal help that being investigated by Mueller requires. Particularly when the FBI and members of the former administration have been illegally listening to your telephone calls.

The Gateway Pundit posted an article yesterday that might provide some clues as to exactly what happened.

The article states:

Now former New York City Police Commissioner Bernard Kerik is weighing in.

Kerik believes Mueller was pressing Michael Flynn to take a plea deal so the Special Counsel would not be caught in their lies and corruption.

But now those lies are coming out into the open!

The article includes the following tweet:

Mueller’s attempts at avoiding discovery have not been going well lately. I am hoping that continues. The discovery process may be the only way we can get to the bottom of the corruption within the Mueller investigation.