Tag Archives: Subpoena

Weaponizing Government Agencies For Political Purposes

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On April 13th, Project Veritas reported that between November 2020 and March 2021, the Department of Justice issued nine secret subpoenas and warrants to Apple and Google for the private information of Project Veritas journalists.

The article reports:

  • In addition to using Apple and Google to surveil the data of Project Veritas’ journalists, the DOJ also spied on journalists’ security detail, accessing private information about them, as well.
  • Documents show the Department of Justice compelled Apple and Google not to disclose that they were providing the individual’s private data to the government.
  • In the case of Google, the DOJ accessed individuals’ payment information, MAC address and browsing history, in addition to other personal information.
  • Project Veritas’ attorneys filed a motion outlining how the DOJ’s seizures violated the Privacy Protection Act and the Fourth Amendment, in addition to the First Amendment and Common Law Reporter’s Privilege.

The article also notes:

In a statement, the ACLU said they were “deeply troubled” by the “secret electronic surveillance” conducted by the Department of Justice.

Paul Calli, an attorney for Project Veritas, pointed out that the actions from the government were disproportionate, in addition to arguing the DOJ violated the Privacy Protection Act, the First and Fourth Amendments, and Common Law Reporter’s Privilege.

“By no reasonable measure can the wholesale seizure of newsgathering materials, attorney-client privileged communications, and irrelevant personal information be considered a proportional response to an alleged low-grade larceny, much less to a non-crime,” said Calli in Project Veritas’ motion filed in response to the disclosures from Microsoft.

The DOJ’s spying campaign represents the latest example of governmental misconduct in, what appears to be, a politically motivated investigation. President Biden’s Department of Justice has placed its crosshairs squarely on Project Veritas’ newsgathering activities pertaining to apparent allegations against then-candidate, Joe Biden, which were made by his daughter, Ashley Biden, in her diary.

Please follow the link above to read the entire article. It includes screenshots of the notification Project Veritas received from Apple about the surveillance.

If we continue to elect members of the Washington swamp to Congress and to the Presidency, we will reach a point where we are no longer free to exercise our First Amendment rights. Please consider that when you vote in upcoming elections.

Interesting, But I Don’t Expect Much

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On Sunday, Breitbart reported the following:

US Attorney Doc: IRS Issued Grand Jury Subpoena to JPMorgan for Hunter, James Biden Bank Records In Probe into Biden Family’s China Connections

The article notes that there is a criminal investigation into Hunter Biden going back as far as May 2019. I hope he can sell enough paintings to pay his legal fees.

The article reports:

The document, dated May 20, 2019, is a subpoena compelling JPMorgan Chase bank to appear in U.S. District Court in Delaware. “YOU ARE COMMANDED to appear in this United States district court at the time, date, and place to testify before the court’s grand jury,” the document — a subpoena to JPMorgan Chase Bank’s subpoena processing office based in Indianapolis — says. “When you arrive, you must remain at the court until a judge or a court officer allows you to leave.”

The document lists a courtroom in the J. Caleb Boggs Federal Building in Wilmington, Delaware, as the location that JPMorgan Chase Bank officials were compelled to appear and commands a response by June 25, 2019.

The article concludes:

“This wide-ranging grand jury subpoena suggests that Joe’s son and brother received transfers from an account with the Bank of China. The question that remains is why Bill Barr directly intervened to ensure that the U.S. Attorney in Delaware’s investigation into Joe’s family was kept from the public for over 17 months until after the election, as previous reporting has confirmed. David Weiss and Bill Barr—or someone with a conscience inside the Justice Department—should answer that question for the American people,” Ziegler said in a statement to Breitbart News.

The aforementioned Politico story suggests Weiss took steps to keep his investigation from going public in 2019 because he did not want it coming out in the middle of an election, and a subsequent Wall Street Journal piece in December 2020 suggests that Barr did the same.

It is unclear if JPMorgan Chase Bank cooperated with this subpoena. It is worth noting that the bank’s outside counsel firm Paul, Weiss, Rifkind, Wharton & Garrison LLP announced it hired former U.S. Attorney General Loretta Lynch shortly after receiving this subpoena. It is unclear if Lynch had any involvement on this specific matter, however, she has worked on similar matters involving JPMorgan Chase Bank compliance.

It is also unclear where this criminal investigation stands.

If we really had ‘equal justice under the law’, I suspect we would know whether of not the bank cooperated with the subpoena.  With the story out in the media (even though the mainstream media won’t cover it), the bank may be forced into compliance.

Something To Follow Closely

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On Thursday, Breitbart reported that former President Trump Chief of Staff Mark Meadows has filed a lawsuit challenging the U.S. House Select Committee on the January 6 Attack.

The article reports:

Mark Meadows turned the tables on the U.S. House Select Committee on the January 6 Attack on Wednesday, filling a lawsuit in federal district court in D.C. that argues the committee is unconstitutional and in violation of House rules.

CNN and other establishment media outlets played the lawsuit as a last-ditch effort by a man desperate to avoid a subpoena — or desperate to appease his former boss, Donald Trump.

Yet the lawsuit is a serious threat to the existence of the committee.

The lawsuit makes some familiar arguments, such as that the committee is violating the Constitution’s separation of powers by encroaching on executive privilege. Former Trump aide Stephen K. Bannon, who is being prosecuted by the supposedly apolitical Department of Justice for contempt of Congress, is making the same case against his subpoena in federal court.

But Meadows goes further, pointing out that the January 6 committee violates the terms of its own enabling resolution.

The resolution, H. Res. 503, provides that the committee “shall” consist of 13 members, five of which “shall be appointed after consultation with the minority leader.”

But the committee only has nine members, seven of whom are Democrats, and only two of whom are hand-picked anti-Trump Republicans. Speaker of the House Nancy Pelosi (D-CA) rejected the five members chosen by House Minority Leader Kevin McCarthy (D-CA), an unprecedented step to ensure a one-sided inquiry.

The article continues:

Furthermore, Meadows’s lawsuit points out that while the chair of the committee can order subpoenas, that authority is not absolute. H. Res. 503 requires the chair of the committee to consult with the ranking member before issuing a subpoena for a deposition. But the committee has no ranking Republican member, which could make the committee’s subpoenas invalid.

If Meadows’s lawsuit is successful, he could not only block his own subpoena, but could see the entire committee declared invalid. Pelosi and the Democrats would have to start over — this time, obeying the rules, with five Republican members.

The Democrats obviously overreached in the way the committee was set up and the way the members were chosen. It seems only fair that this should backfire on them. I am hoping it does.

This Could Be Very Interesting

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This week will be the beginning of the Senate Judiciary Committee hearings on the Russia and Ukraine investigations. The first witness will be former Deputy Attorney General Rod Rosenstein. It’s a pretty safe bet that he will not remember things or claim that he cannot answer a lot of questions because of classified information involved. We shall see.

Just the News posted an article yesterday that details nine items to look for. I am posting the list. Please follow the link to the article to read the details.

Here is the list:

1.) Will Rosenstein admit to failures and talk about the 25th Amendment fiasco?

2.) Will the ODNI declassify more documents, including former House Intelligence Committee Chairman Devin Nunes’ secret report to the CIA Inspector General highlighting flaws in the Intelligence Community Assessment of Russian interference in the 2016 elections? 

3.) What will the DC Circuit Court of Appeals do in the Flynn dismissal case?

4.) Who else will Graham’s committee interview or subpoena?

5.) Will any congressional committees zero in on former President Barack Obama and Vice President Joe Biden’s conduct in the Russia case?

6.) Will Attorney General William Barr and the special prosecutors he named, like U.S. Attorney John Durham of Connecticut, to investigate the Russia case investigators bring any criminal charges?

7.) Will the Democratic strategy firm Blue Star Strategies comply with a subpoena in the Senate investigation into Hunter Biden’s Ukrainian business dealings?

8.) Who else might Johnson subpoena in the Ukraine probe?

9.) Will Johnson’s committee issue an interim report this summer on the evidence it has already uncovered about Hunter Biden, Joe Biden and Burisma?

This does have the potential of being a lot of sound and fury signifying nothing, but there is always the possibility that Congress might actually do its job and investigate the corruption that is Washington.

Waiting For The Other Shoe To Drop

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The Gateway Pundit reported yesterday that according to a Sean Hannity podcast, John Solomon has stated that he knows of few witnesses who have appeared before a DC grand jury.

The article reports:

John Solomon told Hannity he believes that Durham’s charges will start with Kevin Clinesmith, the lawyer who fraudulently changed a document to deceive the FISA court.

“What about all the people that signed the FISA applications knowing…none of it was verified?” Hannity asked Solomon.

John Solomon said he doesn’t believe Comey, McCabe, Rosenstein, Yates and others will be prosecuted for signing the FISA applications, however they still may not be in the clear.

John Solomon did say that John Durham is focusing on false testimonies based on the grand jury subpoenas.

“It’s possible that some people who gave false representations to Congress could get prosecuted for those false representations,” he added.

The article goes on to list examples of people who perjured themselves before Congress–James Comey, Andrew McCabe and John Brennan. Please follow the link to the article to see the details of that perjury. At this point there is no indication these people will ever be held accountable for their crimes. In order to get a conviction, you would have to have a Washington, D.C., jury that was willing to convict them. I find that highly unlikely.

When You Understand The Connections, This Makes Sense

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There are a lot of Republicans walking around wondering how they ever supported Mitt Romney. He has made some very strange comments and votes since Donald Trump was elected. Now we are beginning to see the reason behind some of his actions. Keep in mind that President Trump has consistently attempted to drain the Washington, D.C., swamp. There are investigations currently going on into various aspects of that swamp. Whether anyone will actually pay a price for their corruption I don’t know, but I suspect there are some seriously uncomfortable people walking around Washington right now.

Today Fox News posted an article about some of Romney’s recent comments.

The article notes:

Sen. Mitt Romney, R-Utah, who faced the scorn of President Trump and fellow Republicans over his vote last month to convict at the Senate impeachment trial, questioned the motivation behind a Republican effort to issue a subpoena related to Hunter Biden and his dealing with Ukraine.

“I would prefer that investigations are done by an independent, non-political body,” Romney told the Washington Post. “There’s no question the appearance is not good.”

Oddly enough, he has not been equally concerned about all of the investigations into President Trump. The article notes that Romney’s vote in the Senate Homeland Security and Governmental Affairs Committee is pivotal. That is the Committee that would approve a subpoena to gather information on the Ukrainian scandal involving Hunter Biden. Republicans maintain an 8-to-6 majority in the committee, and if Romney sides with Democrats the result would be a 7-7 tie.

PJ Media posted an article in February that reminded us of the following:

Romney’s vote to convict on the charge of abuse of power might very well be connected to his own links to the company via one of his top advisers. The Federalist reported back in September that “top Mitt Romney adviser Joseph Cofer Black, who publicly goes by ‘Cofer Black,’ joined Burisma’s board of directors while Hunter Biden was also serving on the board.”

I would be very surprised if Romney votes to investigate Ukrainian corruption since he has close ties to someone who may be caught up in the investigation. This might also explain some of Romney’s problem with President Trump–it is becoming obvious that Romney may well be part of the swamp. That may be the reason he worked so hard to be elected to the Senate–self preservation.

This Is A Perfect Example Of Spin

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CNS News posted a transcript of the letter Speaker of the House Nancy Pelosi wrote to Senate Majority Leader Mitch McConnell regarding impeachment.

Here is the letter:

Dear Colleague on Next Steps on Impeachment

January 10, 2020

Press Release

Dear Democratic Colleague,

For weeks now, Senate Republican Leader Mitch McConnell has been engaged in tactics of delay in presenting transparency, disregard for the American people’s interest for a fair trial and dismissal of the facts.

Yesterday, he showed his true colors and made his intentions to stonewall a fair trial even clearer by signing on to a resolution that would dismiss the charges.  A dismissal is a cover-up and deprives the American people of the truth.  Leader McConnell’s tactics are a clear indication of the fear that he and President Trump have regarding the facts of the President’s violations for which he was impeached.

The American people have clearly expressed their view that we should have a fair trial with witnesses and documents, with more than 70 percent of the public stating that the President should allow his top aides to testify.  Clearly, Leader McConnell does not want to present witnesses and documents to Senators and the American people so they can make an independent judgment about the President’s actions. 

Honoring our Constitution, the House passed two articles of impeachment against the President – abuse of power and obstruction of Congress – to hold the President accountable for asking a foreign government to interfere in the 2020 elections for his own political and personal gain.  

While the House was able to obtain compelling evidence of impeachable conduct, which is enough for removal, new information has emerged, which includes: 

·         On December 20, new emails showed that 91 minutes after Trump’s phone call with Ukrainian President Zelensky, a top Office of Management and Budget (OMB) aide asked the Department of Defense to “hold off” on sending military aid to Ukraine.

·         On December 29, revelations emerged about OMB Director and Acting Chief of Staff Mick Mulvaney’s role in the delay of aid, the effort by lawyers at the OMB, the Department of Justice and the White House to justify the delay, and the alarm that the delay caused within the Administration.

·         On January 2, newly-unredacted Pentagon emails, which we had subpoenaed and the President had blocked, raised serious concerns by Trump Administration officials about the legality of the President’s hold on aid to Ukraine. 

·         And on January 6, just this week, former Trump National Security Advisor John Bolton announced he would comply with a subpoena compelling his testimony.  His lawyers have stated he has new relevant information.  

I am very proud of the courage and patriotism exhibited by our House Democratic Caucus as we support and defend the Constitution.  I have asked Judiciary Committee Chairman Jerry Nadler to be prepared to bring to the Floor next week a resolution to appoint managers and transmit articles of impeachment to the Senate.  I will be consulting with you at our Tuesday House Democratic Caucus meeting on how we proceed further.  

In an impeachment trial, every Senator takes an oath to “do impartial justice according to the Constitution and laws.”  Every Senator now faces a choice: to be loyal to the President or the Constitution.  

No one is above the law, not even the President.

Thank you for your leadership For The People.

Sincerely,

Wow. It is my sincere hope that American voters are smart enough to see this for the sham that it is.

Protecting Americans From Unlawful Surveillance

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Yesterday Judicial Watch posted the following Press Release:

(Washington, DC) – Judicial Watch announced it today filed a lawsuit against Rep. Adam Schiff (D-CA) and the House Intelligence Committee for the controversial subpoenas issued for phone records, including those of Rudy Giuliani, President Trump’s lawyer. The phone records led to the publication of the private phone records of Giuliani, Congressman Devon Nunes, journalist John Solomon, Trump attorney Jay Sekulow, attorney Victoria Toensing, and other American citizens.

Judicial Watch filed the lawsuit under the public’s common-law right of public access to examine government records after it received no response to a December 6, 2019, records request (Judicial Watch v Adam Schiff and U.S. House Permanent Select Committee on Intelligence (No. 1:19-cv-03790)):

    1. All subpoenas issued by the House Permanent Select Committee on Intelligence on or about September 30, 2019 to any telecommunications provider including, but not limited to AT&T, Inc., for records of telephone calls of any individuals;
    2. All responses received to the above-referenced subpoenas.

Schiff is a member of the U.S. House of Representatives, currently serving as Chairman of the United States House Permanent Select Committee on Intelligence. Schiff is being sued in his capacity as Chairman of that committee. The new lawsuit states:

The records are of critical public importance as the subpoenas were issued without any lawful basis and violated the rights of numerous private citizens.

Disclosure of the requested records would serve the public interest by providing information about the unlawful issuance of the subpoenas.

The requested records fall within the scope of the public’s right of access to governmental records as a matter of federal common law.

“Adam Schiff abused his power to secretly subpoena and then publish the private phone records, in potential violation of law, of innocent Americans. What else is Mr. Schiff hiding?” asked Judicial Watch President Tom Fitton. “Schiff and his Committee ran roughshod over the rule of law in pursuit of the abusive impeachment of President Trump. This lawsuit serves as a reminder that Congressman Schiff and Congress are not above the law.”

What Adam Schiff did is inexcusable. Private phone records are private unless subpoenaed. What was the basis for the subpoena? This is simply another instance where someone aligned with the deep state chose to ignore the rights of American citizens for his own purposes. If this is not stopped and people held accountable, Americans will continue to be subject to unwarranted violations of their constitutional rights.

When You Are Up To Your Neck In Alligators…

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Before he retired, my husband had a sign on his office wall that said, “When you are up to your neck in alligators, it’s hard to remember that your objective was to drain the swamp.” That is approximately where we are with impeachment and FBI surveillance abuse.

There are some basic facts to remember. First of all, the transcript of the telephone call that started this investigation has been released. People can read it for themselves and draw their own conclusions. Second of all, the people involved in the telephone call have stated that there was no quid pro quo and no bribery. Third, the supposed condition of the quid pro quo never happened and the aid was released–the investigation was not done and no public statement was made by the Ukrainians. Fourth, the actions of this Congress have created serious problems for any administration in the future–they have not respected the need of a President to have private conversations, they have ignored lawyer-client privilege, they have abused surveillance, and they have failed to acknowledge the right of the executive branch to go to the courts when subpoenas go beyond what is legal.

There is an aspect of this that is brewing beneath the surface. I can’t find a reliable source on this, but it is brewing and it brings up valid questions. Where does our foreign aid go? Is there a connection between foreign aid and various foundations or organizations run by members of Congress (or members of their families)  that are collecting consulting fees in various foreign countries? Is that why Congress is so reluctant to look into the business dealings of Hunter Biden and a number of other children of sitting congress members? A congressman makes $174,000 a year. That is not a lot if you are maintaining a home in your district and in Washington, D.C. In February 2018, Roll Call reported that 38 percent of the members of Congress are millionaires. How do you become a millionaire while supporting two households on $174,000 a year (consider the cost of living in Washington, D.C.)? According to a New York Post article in March 2019, 3 percent of Americans are millionaires. For that reason alone, Congress is not representative of the people they are supposed to represent.

I don’t know how much of the obvious corruption in our government will be exposed in the coming weeks, but I believe we are seeing example after example of the need to drain the swamp.

How Much Privacy Is A President Entitled To?

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Hot Air posted an article today about the ongoing court battle regarding the Congressional subpoena of former White House Counsel Don McGahn. Counsel McGahn was summoned by the House Judiciary Committee to answer questions about the time he worked for President Trump.

The article reports:

Whether or not he would appear was a bone of contention for a while until a federal judge issued a dramatic proclamation on Monday, stating that “Presidents are not kings” and ordering McGahn to appear.

Well, that lasted for all of three days. By Wednesday evening, that same judge had backed down, allowing a request from the Justice Department to delay the implementation of the ruling until the appeals process has played out. Of course, this doesn’t mean McGahn (and the President) are totally off the hook, but they’ve at least bought a bit of breathing room. (Daily Mail)

The article concludes:

That doesn’t mean that the final decision on McGahn won’t cast a long shadow, however. How this plays out will have consequences for the ongoing impeachment circus. At issue here is the question of whether or not aides to the President are shielded from revealing details of private conversations they’ve had with the boss or the counsel they offered. Also, whether or not that shielding lasts indefinitely even after they’ve left their positions with the White House.

That sort of privacy has long been assumed to be part of the President’s executive privilege. But does that extend to investigations of potential criminal conduct? That’s the question that will be answered when the dust settles on McGahn’s subpoena. If he’s ordered to show up and testify, that could open the gate for numerous other Trump aides to be called in to talk about all of the Ukraine events. And that’s likely not something President Trump will want to see after we’re in the thick of the final push to next year’s election.

I guess my question is whether or not the President has the same civil rights as ordinary citizens, If you are an ordinary citizen, your conversations with your lawyer are protected by law. We saw this Constitutional principle violated when Michael Cohen’s offices were raided. Now the question is whether or not we are going to continue to violate President Trump’s Constitutional rights. All of us need to remember–if the President does not have Constitutional rights, then none of us have Constitutional rights.

Going To The Courts

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Those of us who have followed the Russian collusion story closely are waiting for someone to actually be held accountable for the violations of civil liberties of Americans that went on during the Obama administration. It seems as if it is nearly impossible to get information on what went on and even when we have the information that things were not done properly, there is no accountability. The Russia hoax is actually following the pattern of many of the Clinton scandals–delay, delay, delay, and when damaging information finally surfaces, you say ‘that’s old news.’ Well, some of the people who actually know the truth are not willing to settle for delay, delay, delay.

The Washington Examiner reported the following yesterday:

Congressman Devin Nunes filed a federal lawsuit Wednesday against opposition research firm Fusion GPS, its founder Glenn Simpson, and left-leaning watchdog group Campaign for Accountability, accusing them of “racketeering” and interfering with his congressional Trump-Russia investigation.

Nunes, chairman of the House Intelligence Committee until Democrats won the majority in 2018, claimed that Simpson, Fusion GPS, and the Campaign for Accountability illegally conspired to “harass” him in an attempt to “hinder, delay, prevent, or dissuade” him from looking into issues surrounding the federal investigation into the Trump campaign and the Russian government, and to scare him off from investigating possible wrongdoing by Simpson and Fusion GPS.

The California Republican is asking the judge to award him $9.9 million in damages.

The 35-page complaint Nunes filed in the Eastern District of Virginia today pointed to a Daily Caller article from early August that revealed the Campaign for Accountability hired Fusion GPS as an “independent contractor” in 2018 and paid the firm close to $140,000 for research. And the Nunes lawsuit alleged the watchdog group and the opposition research firm then colluded to target him and stymie his efforts, pointing to three ethics complaints filed by the Campaign for Accountability allegedly “in concert with” Fusion GPS in an effort to “chill reporting of Fusion GPS and Simpson’s wrongdoing” and to dissuade Nunes from making criminal referrals to the Justice Department.

Nunes described Fusion GPS as “a political war room for hire that specializes in dirty tricks and smears” and the Campaign for Accountability as a “dark money, partisan, left-wing” nonprofit that he said targets mainly conservatives.

The article continues:

Nunes said Simpson and Fusion GPS “shared a common goal” with the Clinton campaign of “using the false and defamatory statements in the Steele dossier to poison the minds of voters.”

“Fusion GPS and Simpson harbored spite and ill-will towards [Nunes] and decided to smear [him] as a result of his tenacious efforts in 2017 to expose Fusion GPS’ nefarious activities,” the lawsuit alleges.

Nunes said Fusion GPS retaliated through the Campaign for Accountability because of subpoenas he issued in 2017 to the FBI and DOJ for information on their relationship with Steele, to Simpson and other Fusion GPS partners to compel their testimony, and to the bank Fusion GPS used, which “revealed that the Clinton campaign, the DNC and Perkins Coie paid for Fusion GPS’ anti-Trump research.”

Nunes claimed that “corrupt acts of racketeering are part of [Fusion GPS’] regular way of doing business” and said “that way of doing business must end here and now.”

Justice Department inspector general Michael Horowitz’s report on the use of Steele’s dossier and alleged abuse of the Foreign Intelligence Surveillance Act, which started more than a year ago, is expected in September or early October. The DOJ watchdog’s report harshly criticizing former FBI Director James Comey over the mishandling of his memos was released last week.

The deep state is somewhat like an octopus–it has many tentacles. The entire ‘Crossfire Hurricane’ operation was illegal from the start and should be tried under RICO (Racketeer Influenced and Corrupt Organizations Act). There are now stories that James Comey placed spies in the White House in the early days of the Trump administration until Comey was fired in May 2017. More on that when I can confirm it.

Finding The Truth In The Epstein Investigation

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The Wall Street Journal is reporting today that federal prosecutors have served grand jury subpoenas on Jeffrey Epstein’s personal pilots.

The article reports:

Testimony from the pilots could be used by federal investigators in their efforts to corroborate accounts from Mr. Epstein’s accusers. They could also provide detail on Mr. Epstein’s travels and his associates. Some of the pilots were responsible for keeping flight logs of passengers who flew on Mr. Epstein’s private jet, according to court filings.

Mr. Epstein, who was denied bail and will remain in federal custody pending trial, has pleaded not guilty to sex-trafficking charges stemming from what prosecutors allege was a yearslong scheme from 2002 to 2005 to recruit and sexually abuse dozens of girls.

Mr. Epstein’s lawyers didn’t respond to a request for comment. A spokesman for the Manhattan U.S. attorney’s office declined to comment.

In a recent court filing, prosecutors said that entities controlled by Mr. Epstein own at least two private jets in active service, and that at least one of them is capable of traveling internationally. He frequently traveled by private jet between his homes in New York and Palm Beach, Fla., according to the indictment against him. Mr. Epstein’s lawyers said he owns one private jet and sold the other one last month.

Women in civil lawsuits have accused Mr. Epstein of conspiring with his pilots and other associates from at least 1998 to 2002 to facilitate sex abuse and avoid law-enforcement detection. One woman has said in court filings that when she was a minor in 2000, Mr. Epstein transported her regularly on his private jet to be sexually exploited by his associates and friends.

If even one tenth of what Jeffrey Epstein is accused of is true, he needs to spend the rest of his life in jail. However, even Jeffrey Epstein is innocent until proven guilty. The best outcome of this investigation is that justice will be based on truth.

How Is This Not Harassment?

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Yesterday Politico posted an article about the Democrats in Congress’ ongoing quest for all of President Trump’s financial records. The article reports that President Donald Trump and his family are suing Deutsche Bank and Capital One to block subpoenas issued by House Democrats seeking Trump’s financial records. The President’s attorneys argued that the subpoenas serve “no legitimate or lawful purpose.” The scope of the subpoenas is ridiculous.

The article reports:

The committees, the Trumps’ lawyers said, have refused to provide copies of the subpoenas to the Trump family, and their scope was learned from Deustche Bank and Capital One. But according to the lawsuit, the committees are seeking “all banking and financial records not just concerning the individual plaintiffs, but also their own family members.”

“This means the subpoenas request documents about accounts of the plaintiffs’ children (and in some cases, grandchildren),” the lawyers said.

For most of the documents, the lawyers added, the committees are demanding records from the last 10 years but, for others, the request is “unbounded,” going back to the childhoods of individual Trumps.

“The House of Representatives is demanding, among other things, records of every single checking withdrawal, credit-card swipe, or debit-card purchase — no matter how trivial or small — made by each and every member of the Trump family,” they said.

We have people in Congress who are seeking the bank records of children and grandchildren. This is harassment.

Chutzpah Unleashed!

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Chutzpah is loosely defined as the quality of audacity, for good or for bad. We saw that quality illustrated in spades in some recent comments made by Hillary Clinton.

The Washington Times posted an article today that includes the following statement by former Secretary of State Clinton:

“Any other person who had engaged in those acts would certainly have been indicted, but because of the rule in the Justice Department that you can’t indict a sitting President, the whole matter of obstruction was very directly sent to the Congress,” the New York Democrat said while speaking at the Time 100 summit Tuesday.

Ms. Clinton said she has little faith in Congress acting, saying Speaker Nancy Pelosi’s efforts to investigate deeper into special counsel Robert Mueller’s report will be for naught against “the do-nothing Senate.”

“That has become a hotbed of cynicism unlike anything I have ever seen, and I served there for eight years and I know some of these people and they know better,” the former senator said.

Ms. Clinton added additional oversight investigations are necessary to prevent future attacks on American elections.

What about preventing future attacks on the civil rights of average Americans who choose to work for a candidate of the opposition party rather than the party currently in power?

The rules broken during the investigation of Hillary Clinton’s secret server have been listed before and can be found pretty much anywhere on the internet. President Trump did not purposefully destroy evidence that was already under subpoena. President Trump did not use bleach bit on computer hard drives. President Trump did not set up a secret server to conduct government business that would not automatically archive correspondence. President Trump did not mishandle classified information. Hillary, are you sure that President Trump used his power to avoid prosecution?

When Your Weapon Backfires

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BizPacReview posted an article yesterday about a recent Rasmussen poll.

The article reports:

A new Rasmussen poll shows more voters believe it is Crooked Hillary Clinton rather than President Trump who is guilty of colluding with foreign operatives during the 2016 election campaign. Of likely voters polled, 47% believe the Clinton campaign was involved in collusion, as opposed to 45% who still buy the fraudulent Trump collusion story.

The worm is turning in spite of a non-stop, years-long onslaught of lies from the never-Trump media about it all. The tipping point is now … with the majority finally discerning the truth and slowly more and more rejecting the coordinated MSM disinformation campaign.

…The March 25-26 survey found 50% of voters satisfied with the conclusions reached by Mueller. About one-third, or 36%, are not satisfied and 13% are undecided.

The article also includes the following:

On March 25th, Yahoo News reported the following:

After 16 months of investigation, the cost had ballooned to $25 million, CNBC reported. Based on those figures, that works out to approximately $1.5 million spent per month. And that’s just working from September 2018, the 16-month mark. The cost has very likely gone up since then. If the $1.5 million figure remains static, taxpayers have paid another $7.5 million between October 2018 and February 2019.

In Mueller’s latest filing, released in September 2018, he reported “spending nearly $3 million on compensation, $580,000 on travel and transportation, $1 million on rent and related expenses, and $300,000 on contractual services, primarily related to IT,” according to CNBC.

The Democrats might want to keep all of these numbers in mind as they pursue their subpoenas of the Mueller Report. After the government spent some serious money and the mainstream media claimed that President Trump was a Russian agent, many Americans were not fooled.

Trying To Keep The Drip Going

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Someone once told me that the Grand Canyon was the result of water dripping on a rock. I’m not sure if that is true, but it is an interesting thought. The Congressional Democrats are actually setting out to prove or disprove that theory.

Yesterday John Solomon posted an article at The Hill titled, “Note to Team Mueller: If you don’t indict, you can’t incite.” Those are wise words that could actually do a lot of good in healing the divide in America if they were heeded.

The article states:

I’ve covered the Justice Department for three decades, and seldom have I seen a story like the one published in The New York Times this week under the headline, “Some on Mueller’s Team Say Report Was More Damaging Than Barr Revealed.”

What concerned me most is that the story’s anonymous allegations reflect a fundamental misunderstanding of the role prosecutors play, including special counsels such as Robert Mueller.

The job of prosecutors is not, as the Times headline suggested, to pen “damaging” narratives about people they couldn’t indict. And it’s not their job to air those people’s dirty laundry, or that of suspects outside of a grand jury room or a courtroom.

Mueller concluded there wasn’t evidence President Trump colluded with Russia to hijack the 2016 election, and therefore no indictment was warranted. And he punted on the question of obstruction, leaving his bosses — Attorney General William Barr and Deputy Attorney General Rod Rosenstein — to determine that there wasn’t enough evidence to indict the president on that charge.

And, most significantly, there were no other people charged. That means Trump legally could not be named as an unindicted co-conspirator in an obstruction plot.

Many of the Democrat Congressmen (and Congresswomen) who are calling for the full, unredacted release of the Mueller Report are lawyers. They know that the full Mueller Report includes both Grand Jury testimony and classified information. They know that Grand Jury testimony is not public information and often contains things that may be misleading or have a negative impact on an innocent person’s life. Theoretically they are also aware of the rules regarding the handling of classified information. So if they understand the law, why are they requesting that the Attorney General break the law? Actually, the subpoena for the Mueller Report is simply part of a larger strategy.

The Attorney General is compelled by law to deny the subpoena. This sends the case to the courts where it will be tied up for at least two years–through the 2020 presidential election. I am sure some of the actions of whatever court is involved will keep the story in the news through the election.

Recently someone familiar with the report noted that the summaries in the report, written by highly partisan investigators contain classified information or Grand Jury testimony. If Congress has the full report (or even the redacted version), they can selectively leak things (that might be misleading) to keep the collusion-delusion in the headlines. Victor Davis Hanson noted in a recent article that the Russian investigation was a soft coup attempted by the deep state. I have no reason to believe that the attempt is over.

What We Know Didn’t Happen With The Mueller Report

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Yesterday Byron York posted an article at The Washington Examiner titled, “Five things that didn’t happen in the Mueller investigation.” Please follow the link and read the entire article. It is very insightful.

The article reports:

1. Mueller did not indict Donald Trump Jr., Jared Kushner, or other people whose purported legal jeopardy was the subject of intense media speculation in the last year.

2. Mueller did not charge anyone in the Trump campaign or circle with conspiring with Russia to fix the 2016 election, as was the subject of intense media speculation in the last year.

3. Mueller did not subpoena the president, as was the subject of intense media speculation in the last year.

4. The president did not fire Mueller, as was the subject of intense media speculation in the last year.

5. The president did not interfere with the Mueller investigation, as was the subject of intense media speculation in the last year. In his letter to Congress, Barr noted the requirement that he notify lawmakers if top Justice Department officials ever interfered with the Mueller investigation. “There were no such instances,” Barr wrote.

All of those five things are very different than what we have been hearing from the media for the past two years. What about the reckless comments made by former government officials and cable news anchors? Can they be held responsible for what was either total ignorance masquerading as inside knowledge or outright lies? When are the government officials who violated the civil rights of innocent people by unmasking their identifies when it was unnecessary? When are the people who used government agencies to wiretap on spy on an opposition party candidate going to be held accountable? When are the public officials who leaked information going to be held accountable? I have no answers to any of the above questions. My hope is that there is an Inspector General somewhere who is looking into these matters. It is a faint hope, but it is a hope.

Sunlight Is The Best Disinfectant

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Today Representative Doug Collins, a Georgia Republican, released 370 pages of Lisa Page’s testimony to a joint congressional task force investigating potential bias in the Justice Department.

The Washington Examiner posted an article today revealing some of the details of the testimony.

One of the items in the testimony was the decision not to charge Secretary of State Hillary Clinton with mishandling classified information. The article reports:

Page said Comey and the FBI spoke with DOJ about a gross negligence charge for Clinton multiple times, but that the DOJ consistently pushed back on it. “We had multiple conversations with the Justice Department about bringing a gross negligence charge. And that’s, as I said, the advice that we got from the Department was that they did not think — that it was constitutionally vague and not sustainable,” she said.

Ratcliffe asked if the decision not to charge Clinton with gross negligence was a direct order from the DOJ. “When you say advice you got from the Department, you’re making it sound like it was the Department that told you: ‘You’re not going to charge gross negligence because we’re the prosecutors and we’re telling you we’re not going to,’” he said.

Page responded: “That’s correct.”

Page is the former FBI lawyer who reportedly carried out an affair with FBI agent Peter Strzok, the lead investigator in the Clinton investigation. The thousands of text messages that they sent back and forth about the Clinton and Trump-Russia investigations raised questions of bias, and Mueller eventually removed Strzok from the special counsel investigation. Strzok was also fired by the FBI.

Page’s testimony raises further questions related to the decision not to charge Clinton with any crimes, including gross negligence, following a lengthy FBI investigation into her email practices that potentially put classified information at risk. After the revelation that then-Attorney General Loretta Lynch met with former President Bill Clinton on a Phoenix tarmac in June 2016, while Hillary Clinton was running for president, Lynch refused to recuse herself from the case while also saying she would accept Comey’s decision on what charges to bring against Clinton. But Page’s testimony indicates that DOJ had shut the door on gross negligence.

The decision on to charge Secretary Clinton was a glaring example of unequal justice. Some of our military have spent time in jail for far less serious offenses. There is also the matter of destroying evidence and deleting subpoenaed documents.

As more testimonies are made public, I wonder if it will change the public perception of the abuses of power that were going on in the final days of the Obama administration.

The Tactics Are Definitely Over The Top

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The internet is buzzing today with the arrest of Roger Stone, someone who evidently had contacts with the Trump campaign at various points. Nothing he did in that context was illegal, but it seems that when questioned by Congress he did not tell the entire truth. Funny, other people who have recently lied to Congress are still walking around free.

The Washington Examiner posted an article today about Roger Stone’s arrest.

The article reports:

FBI agents arrested longtime Trump associate Roger Stone in a paramilitary-style raid at his home in Fort Lauderdale, Fla., early Friday morning. A CNN producer on the scene said the arrest involved “heavy weaponry.” Stone was taken into custody without incident.

The arrest followed action by a grand jury in Washington, D.C., under Trump-Russia special counsel Robert Mueller. On Thursday, the grand jury indicted Stone on seven counts of lying to Congress, witness tampering, and obstructing a congressional investigation.

Roger Stone is 66 years old. The paramilitary-style raid was an abuse of power and was dangerous. It was also a waste of money. I have no doubt they could have simply waited until after breakfast, knocked on the man’s door, and taken him into custody. This is another example of the over-the-top tactics used by Robert Mueller.

The article goes on to explain what Roger Stone is charged with. Basically it is process crimes connected to the Special Counsel’s witch hunt. I suspect his real crime was supporting President Trump.

The article continues:

All the counts stem from Stone’s Sept. 26, 2017, interview with the House Intelligence Committee investigating Russia’s attempt to influence the 2016 election and the response by U.S. intelligence and law enforcement agencies. Stone is not charged with lying to or attempting to obstruct the Mueller investigation.

The special counsel’s charges involve Stone’s House testimony about WikiLeaks and its release of hacked material from the Democratic National Committee and, later, from Clinton campaign chairman John Podesta during the 2016 campaign. The indictment does not say Stone communicated with Wikileaks head Julian Assange. Rather, it says Stone lied about his attempts to learn Assange’s intentions through two intermediaries: journalist and provocateur Jerome Corsi and radio host Randy Credico.

Meanwhile, crimes involving lying to a FISA court go unpunished, misuse of government agencies to spy on Americans goes unnoticed, and destruction of evidence that was subpoenaed goes unpunished.

Unless the new Attorney General is sworn in quickly and deals with the unequal justice currently being practiced in America, we will have become a banana republic.

Is This Even Legal?

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Yesterday The Gateway Pundit posted an article about Deputy Attorney General Rod Rosenstein. He has refused to appear before the House Judiciary Committee and will not turn over the subpoenaed documents to the Committee.

The article reports:

According to multiple reports, Deputy Attorney General Rosenstein has given a verbal resignation to Chief of Staff John Kelly following an explosive NYT report he wanted to wear a wire and oust Trump from office.

Last week, Freedom Caucus Chairman Mark Meadows (R-NC), who previously filed articles of impeachment against Rosenstein, called for the Deputy Attorney General to appear before Congress under oath this week.

But today Rosenstein notified Congress he will not turn over the subpoenaed memos and will not appear before the House Judiciary Committee on Thursday.

The Conservative Treehouse posted an article yesterday that included the following paragraphs:

Exposing the FBI/DOJ dirty deeds is a major priority for a contingent within congress and a multitude of Trump supporters – but for the office of the President, in the immediate future, not-so-much.

When you have this much leverage on someone, you don’t want them to quit. You want to use their damaged and tenuous position to your advantage. President Trump is in no hurry to fire Rosenstein (not yet), because the DAG is so weak and President Trump holds all the leverage in the relationship.

Rod Rosenstein knows what he did wrong; and President Trump knows what Rosenstein did wrong. Though it could change based on new discoveries of how far the DAG went along within the soft-coup process, President Trump isn’t likely to let Rosenstein go until everyone else knows what Rosenstein did wrong.

My question amid all of this palace intrigue is, “Does Congress have legal recourse to get the documents they want and to force Rosenstein to appear?” Can the Democrats run out the clock in the hopes of taking control of Congress?  If they are successful in doing that, we can expect more corruption and politicization of these agencies in the future. We can expect Republicans and conservatives to be under constant surveillance and attack. I don’t think that is what American voters want. Stay tuned, this is going to get interesting.

 

The Next Step

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The Conservative Treehouse posted an article today about the upcoming testimony of FBI agent Strzok before Congress.

The article reports:

The House Judiciary Committee, Chairman Bob Goodlatte, has issued a subpoena for FBI Agent Peter Strzok to appear for testimony on Wednesday, June 27 at 10:00am.

However, a June 17th article at The Conservative Treehouse points out:

However, don’t get too excited…. remember, Peter Strzok is the primary witness in both the Trump-Russia investigation (ongoing Mueller probe), and the more recent OIG FISA Abuse/Campaign Spying investigation initiated by Michael Horowitz.

As such, dontchaknow, Mr Peter Strzok would have to politely refuse to answer questions about “ongoing investigations”, and could only testify issues specifically related to the Clinton-email probe which was the subject of the most recent IG report release.

And the administrative state, both inside government and outside government, have had over a year to assist Mr. Strzok in the coordination of his narrative and talking points.

We need to remember what the game is here. Donald Trump was not supposed to be elected, and all of the wrongdoing by the FBI and DOJ during the campaign and transistion of power was supposed to be buried by the Hillary Clinton administration. Since that did not happen, the new playbook is to stall the investigation until either the public gets so bored with it that no one is paying attention or until the Democrats can take over Congress and bury the investigation. Those are the primary goals right now. If the Democrats can take over Congress, they can impeach President Trump for whatever reason and make sure all records of FBI and DOJ activities in the 2016 election campaign and transition team are buried. At that point, we will no longer be a representative republic–we will be a banana republic.

If All Of These People Are Innocent, Why Are They Refusing To Testify?

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Yesterday, John Hinderaker posted an article at Power Line about the Senate hearings and investigations resulting from the Inspector General’s Report.

The article reports:

Former FBI director James Comey is under investigation for mishandling classified information, DOJ inspector general Michael Horowitz revealed Monday.

He is specifically under investigation for his handling of memos he wrote about interactions with President Trump while FBI director.
***
“Question number one, Mr. Horowitz, are you investigating the handling of his memo and does that include the classification issues, and should Mr. Comey expect a report when it’s complete?” Grassley asked.

“We received a referral on that from the FBI. We are handling that referral and we will issue a report when the matter is complete, consistent with the law and rules that are — a report that’s consistent and takes those into account,” Horowitz responded.

This is a public acknowledgement given by the Inspector General that James Comey mishandled classified information. It will be interesting to see whether Mr. Comey is held to the same legal standard that any other American would be held to.

The article also notes in an update:

More news from today’s Judiciary Committee hearing. James Comey declined to appear to testify, and his deputy, Andrew McCabe, asserted his privilege against self-incrimination in refusing to testify. Loretta Lynch also refused to appear before the committee.

Senator Grassley said that he wanted to issue subpoenas to compel the testimony of these three witnesses, but was blocked from doing so, under Senate rules, by ranking member Dianne Feinstein. The Democrats are furiously sticking their fingers into holes in their dyke.

Sometimes when you pull a thread on a sweater, the entire sweater unravels. One can only hope that is what is happening here. I think it is very telling that the Democrats prevented the issuing of subpoenas which would have forced the testimony of James Comey, Andrew McCabe and Loretta Lynch. Once someone in authority begins to pull the right thread, we will find out exactly how corrupt the FBI and the DOJ have become in recent years.

How In The World Do We Fix This?

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I am one disappointed granny right now. At one point in my working career I held a security clearance. I am married to someone who at various points in his career held a security clearance. The rules were explained to us. We were expected to follow them. Excuses for not following the rules were not acceptable. So why isn’t Hillary Clinton at least charged with one of the crimes she is guilty of? Could anyone else destroy subpoenaed evidence and still be walking around? Did anyone in the Obama administration have any respect for classified documents and government archives?

Here is one excerpt from the Inspector General’s (IG) Report (from page xii):

As we also describe in Chapter Twelve, we learned during the course of our review that Comey, Strzok, and Page used their personal email accounts to conduct FBI business.

We identified numerous instances in which Comey used a personal email account to conduct unclassified FBI business. We found that, given the absence of exigent circumstances and the frequency with which the use of personal email occurred, Comey’s use of a personal email account for unclassified FBI business to be inconsistent with Department policy.

We found that Strzok used his personal email accounts for official government business on several occasions, including forwarding an email from his FBI account to his personal email account about the proposed search warrant the Midyear team was seeking on the Weiner laptop. This email included a draft of the search warrant affidavit, which contained information from the Weiner investigation that appears to have been under seal at the time in the Southern District of New York and information obtained pursuant to a grand jury subpoena issued in the Eastern District of Virginia in the Midyear investigation. We refer to the FBI the issue of whether Strzok’s use of personal email accounts violated FBI and Department policies.

The law requires the use of government email accounts in order for records to be archived. It seems as if a number of people in the Obama administration chose not to comply with that law.

The IG Report also sheds some light on the leaking from the FBI:

We identified numerous FBI employees, at all levels of the organization and with no official reason to be in contact with the media, who were nevertheless in frequent contact with reporters. Attached to this report as Attachments E and F are two link charts that reflect the volume of communications that we identified between FBI employees and media representatives in April/May and October 2016. We have profound concerns about the volume and extent of unauthorized media contacts by FBI personnel that we have uncovered during our review.

In addition, we identified instances where FBI employees improperly received benefits from reporters, including tickets to sporting events, golfing outings, drinks and meals, and admittance to nonpublic social events. We will separately report on those investigations as they are concluded, consistent with the Inspector General Act, other applicable federal statutes, and OIG policy.

The harm caused by leaks, fear of potential leaks, and a culture of unauthorized media contacts is illustrated in Chapters Ten and Eleven of our report, where we detail the fact that these issues influenced FBI officials who were advising Comey on consequential investigative decisions in October 2016. The FBI updated its media policy in November 2017, restating its strict guidelines concerning media contacts, and identifying who is required to obtain authority before engaging members of the media, and when and where to report media contact. We do not believe the problem is with the FBI’s policy, which we found to be clear and unambiguous. Rather, we concluded that these leaks highlight the need to change what appears to be a cultural attitude among many in the organization.

It is obvious from the text messages in the IG Report that the political culture of the FBI was very biased toward Hillary Clinton and against Donald Trump. Does anyone believe that anything was leaked to the press that would have hurt Hillary Clinton’s campaign and helped the Trump campaign?

The disclosures in the IG Report are a disgrace, and yet the report does not really go far enough.

On Page xi, the IG Report states:

We were deeply troubled by text messages exchanged between Strzok and Page that potentially indicated or created the appearance that investigative decisions were impacted by bias or improper considerations. Most of the text messages raising such questions pertained to the Russia investigation, which was not a part of this review. Nonetheless, when one senior FBI official, Strzok, who was helping to lead the Russia investigation at the time, conveys in a text message to another senior FBI official, Page, “No. No he won’t. We’ll stop it” in response to her question “[Trump’s] not ever going to become president, right? Right?!”, it is not only indicative of a biased state of mind but, even more seriously, implies a willingness to take official action to impact the presidential candidate’s electoral prospects. This is antithetical to the core values of the FBI and the Department of Justice.

So what are you going to do about it? In an interview last night Devin Nunes pointed out that the IG Report was the first time he had seen the above text message. Why was this message not included with documents requested by the House Committee?

As I said, I am one discouraged granny. I want to believe that all Americans receive equal justice under the law, but looking at the IG Report and the people who are not currently facing jail time, I really wonder.

This Really Isn’t A Surprise

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One of the things that pundits who understand the politicization of the FBI and DOJ during the Obama administration have stated is that the corruption in the upper levels has not spread to the lower levels of the FBI. That is becoming obvious. On Tuesday The Daily Caller posted an article about some recent rumblings within the ranks of the FBI.

The article reports:

  • Sources tell The Daily Caller several FBI agents want congressional subpoenas to testify about the agency’s problems.
  • The sources claim there is a demand within the agency to prosecute former Deputy FBI Director Andrew McCabe. They also say the bureau has become totally politicized.
  • The subpoenas are desired by the FBI agents because it requires Congress to pay for their legal fees and protects them from agency retribution. 

…These agents prefer to be subpoenaed to becoming an official government whistleblower, since they fear political and professional backlash, the former Trump administration official explained to TheDC.

The subpoena is preferred, he said, “because when you are subpoenaed, Congress then pays…for your legal counsel and the subpoena protects [the agent] from any organizational retaliation…. they are on their own as whistleblowers, they get no legal protection and there will be organizational retaliation against them.”

DiGenova (former federal prosecutor Joe DiGenova) — who along with his wife, Victoria Toensing, has represented government whistleblowers in the past — agreed, telling TheDC, “It’s an intelligent approach to the situation given the vindictive nature of the bureau under Comey and McCabe. I have no idea how to read Chris Wray, who is not a leader and who has disappeared from the public eye during this entire crisis. You know, he may be cleaning house but if he’s doing so, he’s doing it very quietly.”

Let’s hope those subpoenas are issued soon. We need to drain the swamp that the FBI and DOJ have become and get on with dealing with our economy and the national security threats that were allowed to develop during the past administrations.

Sometimes Lying Just Gets Old

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Yesterday CNN posted the transcript of an interview of former Secretary of State Hillary Clinton by Brianna Keilar, CNN’s Senior White House Correspondent.

The is part of the transcript:

KEILAR:  One of the issues that has eroded some trust that we’ve seen is the issue of your email practices while you were secretary of state.  I think there’s a lot of people who don’t understand what your thought process was on that.

Can you tell me the story of how you decided to delete 33,000 emails and how that deletion was executed?

CLINTON:  Well, let’s start from the beginning.  Everything I did was permitted.  There was no law.  There was no regulation.  There was nothing that did not give me the full authority to decide how I was going to communicate.  Previous secretaries of state have said they did the same thing.  And people across the government knew that I used one device – maybe it was because I am not the most technically capable person and wanted to make it as easy as possible.

KEILAR:  But you said they – that they did the same thing, that they used a personal server and –

KEILAR:  – subpoena deleted emails from them?

CLINTON:  You know, you’re starting with so many assumptions that are – I’ve never had a subpoena.  There is – again, let’s take a deep breath here.  Everything I did was permitted by law and regulation.  I had one device.  When I mailed anybody in the government, it would go into the government system.

Now I didn’t have to turn over anything.  I chose to turn over 55,000 pages because I wanted to go above and beyond what was expected of me because I knew the vast majority of everything that was official already was in the State Department system.

And now I think it’s kind of fun.  People get a real-time behind-the-scenes look at what I was emailing about and what I was communicating about.

KEILAR:  Wearing warm socks, you said to John Podesta.

CLINTON:  Exactly and – or, you know –

KEILAR:  Working a fax machine –

CLINTON:  – yes, a secure fax machine, which is harder to work than the regular.

So yes, this is being blown up with no basis in law or in fact.  That’s fine.  I get it.  This is being, in effect, used by the Republicans in the Congress, OK.  But I want people to understand what the truth is.  And the truth is everything I did was permitted and I went above and beyond what anybody could have expected in making sure that if the State Department didn’t capture something, I made a real effort to get it to them.

And I had no obligation to do any of that.  So let’s set the record straight.  And those 55,000 pages, they will be released over the course of this year.  People  can, again, make their own judgments.

I know you say you were permitted.  I just am trying to understand some of the thought process behind it.  One former state attorney general, a Democrat, told CNN that they know of no lawyer who would advise someone, a client, facing the kind of scrutiny that you’ve been facing to wipe their server.

I mean, what do you say to that?

CLINTON:  Well, what I say to that is turned over everything I was obligated to turn over.  And then I moved on.  People delete their personal emails, their work-related emails, whatever emails they have on a regular basis.  I turned over everything that I could imagine.

I added the underlines and italics.

So what are the facts? The National Journal posted a picture of the subpoena that Hillary Clinton says she never got. The subpoena was sent to her in March:

SubpoenaOfHillaryClintonThe National Journal reports:

That (Hillary Clinton’s statement that she had never had a subpoena) drew a rebuke from Trey Gowdy, the GOP chairman of the House Select Committee on Benghazi, who said the need to “correct the inaccuracy” led him to break with his practice of not releasing subpoenas the panel has issued.

“The committee immediately subpoenaed Clinton personally after learning the full extent of her unusual email arrangement with herself, and would have done so earlier if the State Department or Clinton had been forthcoming that State did not maintain custody of her records and only Secretary Clinton herself had her records when Congress first requested them,” Gowdy said in a statement.

The subpoena sought Clinton’s messages from 2011 and 2012 related to Libya and the 2012 attack on a diplomatic compound and CIA facility in Benghazi that killed four Americans.

Very few people have honorable reasons for wiping a computer hard disk clean–particularly after they have been subpoenaed.

On March 3, 2015, The Atlantic reported:

On January 13, 2009, Hillary Clinton attended her first confirmation hearing as a Secretary of State nominee. The same day, with Bush officials still under fire for using private email accounts to circumvent public records laws, someone registered Clintonemail.com, a domain that now appears to be at the center of a scandal. “Mrs. Clinton did not have a government email address during her four-year tenure at the State Department,” The New York Times reported in a story published late Monday. “Her aides took no actions to have her personal emails preserved on department servers at the time, as required by the Federal Records Act.”

This was willful, flagrant disregard for public records rules.

Why does this matter? Other than the disregard for the Federal Records Act, it means that we will never have an accurate record of Hillary Clinton’s tenure as Secretary of State. The record we do have will have omissions and changes, and we will have no way of knowing what is missing or what is edited. Evidently Mrs. Clinton did not feel that the law applied to her.