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Wednesday, May 22, 2019

Briefly Noted: Confirmed - No 371 Conspiracy To Defraud The US Government

Is it OK to give myself a pat on the back every blue moon or so? Over a year ago I laid out what I believed to be the two most likely prosecutive theories that the Russia Hoax was predicated on (More On Mueller's Theory Of The Case). I returned to that theme just this week, with the difference that I was urging that this same prosecutive theory be considered by AG Bill Barr in bringing the Russia Hoax coup plotters to justice: Is There A Prosecutive Theory To Fit The Russia Hoax? The prosecutive theory in question would rely upon 18 USC 371 to establish a conspiracy "for the purpose of impairing, obstructing or defeating the lawful function of any department of government."

Well, today Paul Sperry confirmed that I had read Team Mueller's intentions correcting. Sperry tweeted (and his feed today is HOT) that buried in the Mueller Dossier is a passage that provides further exoneration for President Trump:

Paul Sperry‏

@paulsperry
Further exoneration buried in Mueller report: "The investigation did not establish any agreement among [Trump] Campaign officials--or b/t such officials & Russia-linked individuals--to interfere w or obstruct a lawful function of a gov't agency during the campaign or transition."
10:36 AM - 22 May 2019

Sperry is referencing 18 USC 371, Conspiracy to Defraud the US Government. A follower of Sperry helpfully added this image from p. 181 of the Mueller Dossier, which shows the several references to 371:




So there we have confirmed that Team Mueller was, indeed, pursuing that prosecutive theory. Team Mueller came up dry but that definitely doesn't mean that Team Barr wouldn't be able to turn this prosecutive theory to excellent use. The advantage of this theory is that acts that aren't in themselves criminal can become steps in furtherance of the conspiracy to "interfere with or obstruct a lawful function of a gov't agency during the campaign or transition"--and during the following two years.

24 comments:

  1. Yes, it is okay to give yourself a pat every once in a while. Cheers.

    Then read Kevin Brock's Hill.com column from today. I'm betting that you have already seen it.

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    1. This is the kinda stuff where I think I can add some value.

      Yes, I did read Brock this morning. He's normally fairly cautious, so the first paragraph is arresting:

      "Things seem to be moving quickly now. It has been a remarkable few weeks in American history. Momentum is building toward uncovering the distasteful possibility that the targeting of a U.S. presidential campaign was actually a political operation, fostered at the highest levels of government, masquerading as an FBI counterintelligence investigation."

      I like the impersonal construction: a political operation was masquerading as an FBI investigation? = FBI officials were masquerading as being engaged in legit official business. But not just FBI.

      sundance's latest is excellent:

      Mueller “Team” Does Not Want Special Counsel to Testify…

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    2. Bobby Boy doesn't like when he has to swallow the medicine that he prescribed for others.

      Donald Trump keeps outplaying the Dems at every step. His walking out on Pelosi was a masterstroke. No more will I ever vote for Romney/McCain, Bush 41/Bush 43 type.

      This is what real leadership looks like.

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    3. I'm guessing that Pelosi is under pressure more from big money hard Leftists (Steyer, Soros, etc.) than the AOC and Tlaib types.

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    4. I just quickly skimmed it. Sundance can't resist being, well, Sundance. "There’s a reason why Chairman Lindsey Graham doesn’t want Robert Mueller to appear before the Senate Judiciary Committee."

      He does great work but why does he have to throw in those comments where he is not on solid ground?

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    5. I thought Trump's response was a masterstroke, too.

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    6. Yes. He is a brilliant politican. He is going to be re-elected. If his reelection is really in jeopardy, why do the mainstream media need to repeat that his reelection is uncertain? Is it because they want it to be true. Is it because if they repeat it enough, the voters will listen to him?

      No, sorry, Republicans and Democrats/media, I'm just not into you.

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    7. I just watched the 12 minute and 11 second interview on CTH's website where Donald basically speaks off the cuff the whole time.

      He plays the media like a violin. If this were a marriage, they'd be the jealous wife. They play Scarlett O'Hara to his Rhett Butler.

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    8. LOL! People forget that he has had years and years of experience with the media. And that whole reality TV thing--he draws on that experience constantly.

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  2. If demoncrats accuse you of sumthing, they're doing/did it. Projection every time with these clowns.

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  3. I, for one, am loving it.

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    1. He was tweeting a lot today. I wonder if he has a big story coming up.

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    2. A lot of reporters are a little shaky on legal stuff, so they're happy to find blogs that go into those things a bit. Especially in this Russia Hoax, the legal aspects can be a bit arcane.

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    3. I've been using Google to get to Mr. Wauck's website for a long time. I've noticed over the last month or so, when I type in "meaning in history", Google suggests "meaning in history blog", which tells me that this blog is getting noticed.

      I still think that blogger "CJ" is a known name. I have no evidence. I just have a feeling.

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    4. Hmmm. Interesting. I'm not very knowledgeable about this stuff. One of the reporters that I've dealt with a bit keeps telling me to get on Twitter, but I'm just reluctant to do that, even though it would help get exposure. There are other things that take up time and I'm afraid that Twitter would be a time eater.

      Re CJ you have a point. But his ideas were just very naive, IMO.

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  5. I think that you should stay off of Twitter. You have a good thing going here. On Twitter you will see a lot of rude and snarky comments. You will be subjected to ad hominem attacks. As it is, you have a good post and some regular commentators. And, your number of both commentators and comments are trending upward.

    CJ could have been baiting you or he could have been sincere. I just don't know, but as I say, I just have a feeling. Of course I could be wrong.

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    1. That's how I feel about it. I like being able to interact with people who have stimulating ideas, who I can learn from, instead of trolls.

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    2. Mark -- I agree with Joe, and I think you do too.
      --Cassander

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    3. Yes. I was hoping to get some input and I appreciate receiving it.

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    4. I concur with the others. Twitter will only lead to sadness and frustration. Also, facts and "double-plus-un-good" off-message analysis are incompatible with most social media. I am surprised Mother G hasn't figured out a way to de-platform you even here. (which would make many of us very sad) Please back up your content in a safe place! -- very respectfully and gratefully, MR

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    5. Thanks, Anon. Backup is good.

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  6. Thank you for your kind words about us, your readership.

    Off to bed where I will dream of Comey, Clapper, Brennan and the others in their orange jumpsuits. I am a working man, you know.

    I will look forward to what you have waiting for us in the morning.

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